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HomeMy WebLinkAboutPK11-202 - Original - Bower Machine Company - City Back-Up Generator Annual Preventive Maintenance - 07/01/2011 _ to Records Manage rn le-ni KENO Document Wg9NINGTON j 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: Bowers Machine Company Vendor Number: Pending ID Edwards Number Contract Number: 0 1'- bo` This is assigned by City Clerk's Office Project Name: Perform Annual Preventive Maintenance for City Back up Generators Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 7/1/2011 Termination Date: 6/30/2012 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Mike Hattrup Department: Parks/Facilities Detail: (i.e. address, location, parcel number, tax id, etc.): City Hall Campus, Public Works Operations, Kent Commons, Kent Corrections, and eight RFA Fire Stations S Pub lic\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 4005'. KENT WR9 MINGTON GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE between the City of Kent and Bowers Machine Company THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Bowers Machine Company organized under the laws of the State of Washington, located and doing business at 2221 70th Ave S, Kent, Wa. 98032, Andrew Custer, 866-792-8220 (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: Bowers Machine will perform annual (Preventive Maintenance), Semi-Annual, (Site Inspection) for one year with a Three (1) year extension option (Renewable Yearly).This also includes annual Load bank testing. This Agreement will begin July 1 ,2011 and end June 30, 2012, at the City of Kent City Hall Campus, Public Works Operations, Kent Commons, Kent Corrections and eight Kent RFA Fire Stations, in accordance with the proposal dated December 13, 2010, which is attached and incorporated as 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 June 30, 2012. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $19,490.23, 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: GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1 (Over$10,000.00, Including WSST) Invoiced as work is completed. Terms net 30 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. PREVAILING WAGES. Vendor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by Vendor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2 (Over$10,000.00, including WSST) 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. VI. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VII. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreem ent with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3 At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4 shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including 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. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5 in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, 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 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6 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: f By: (Sig ature) (signature) PrintName: Pri CtN)aec/lette Cooke Its - Its Ma r (title) DATE: OS�l6 - /� DATE: 3 �� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Andrew Custer Mike Hattrup, Parks Facilities Project Bowers Mechanical Coordinator PO Box 600 City of Kent Kent, Wa. 98035-0600 220 Fourth Avenue South Kent, WA 98032 1-866-792-8220 ext 107 (telephone) 253-872-4127 (facsimile) (253) 856-5082 (telephone) (253) 856-6080 (facsimile) APPROVED AS TO FORM:LtA--, Kent Law Dep rtment (In Nis field,you may enter the electronic filepath where the contract has Dew saved) GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 7 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, II agree to fulfill the five requirements referenced above. Dated this l( day of 20// . For: Title: Date: 2�� GGn rnMoi renirF nnr iMFNTC - 1 of R 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. FFn rnmPI TANr'F nn(-t1MFNT4 - 7 of 4 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 , 20 By: For: Title: Date: FFr) rnMPI TANr'F nnr'IIMFNTS - '3 of 3 ��� YJ � ►\ 0 PLANNED MAINTENANCE AGREEMENT Date: 12.13-2010 AGREEMENT NO. 12132010 AGREEMENT START TBD DATE, MARKET CODE: Standby AGREEMENT END DATE: TBD This Planned Maintenance Agreement(the"Agreement')is entered into between Bowers Generator Systems and ("Customer") City of Kent Customer Billing Address Location of Customer Equipment Customer Name Name of Location City of Kent City of Kent Address/P.O Box Street Address 400 W Grove St. 400 W Grove St. City/State/Zip Code City/State/Zip Code Kent, WA Kent,WA Name/Telephone of Contact Person Name/Telephone of Contact Person Mike Hattrup Mike Hattrup 253.866.5082 253-856-5082 mhattrup@ci,kent.wa us SCOPE OF SERVICES BOWERS agrees to provide the maintenance services listed on Schedule A Maintenance services will be performed only on the equipment listed on the planned maintenance agreement BOWERS agrees to perform all maintenance services in accordance with the Frequency of Service Quote Emergency and after hours services will be billed at$125 per hour—minimum four(4)hours plus$2 00 per mile DESCRIPTION OF CUSTOMER EQUIPMENT Manufacturer Type Model Serial Number Cummins G 600 DFGB City Hall Campus Cummins G 500 DFGB City Hall Campus Cummins G 125 DGEA Shoos Cummins G 400 DFCE Commons Cummins G 100 DVC Corrections Cummins G 30 DDA Fire St 71 Cummins G 36 QSGBA Fire St 72 Cummins G 100 QSDB Fire St 73 Cummins G 300 DFCB Fire St 74 Cummins G SO DGDAL Fire St 75 Cummins G 80 DSDA Fire St 76 Cummins G 60 DGCB Fire St 77 Not Known G 175kW Fire St 78 *G=Generator,T=Transfer Switch,0=Other FREQUENCY OF SERVICE(S) Semi annual site visit.All units listed above Annual Generator Service See Schedule"A"for Maintenance Agreement services(Basic oil Sampling added to pricing)Fuel and coolant sampling not quoted "Load bank additional$375 00 per unit (600 DFBG unit load to 500kW-83%) $4875 00 additional to contract total if requested PRICE OF SERVICES The price of services provided to the Customer during the first year of this Agreement will be $12,924 30" This price does not include applicable taxes,the price of replacement parts or additional services beyond those described in Schedule A Note"this contract is for one year with a Three(3)year extension option(Renewable Yearly) The price of this Planned Maintenance Agreement will remain in effect unless otherwise specified in an official notice by Bowers Generator Systems THE CUSTOMER WILL ONLY BE INVOICED BASED ON WORK PERFORMED. ADDITIONAL PROVISIONS The services to be performed are subject to the terms and conditions listed in this Agreement This Agreement will be reviewed on an annual bass, commencing one year from the date of this agreement,Customer will notify Bowers through an officially written notice that the Agreement is to be renewed Bowers may from time to time find components that should be replaced during our normal inspection (failed batteries,fuel or oil leaks, plugged injectors etc)—Customer agrees that we may repair or replace these items which are not Included in our normal maintenance schedule up to$250 Any repair above$250 will be quoted and a separate purchase order will be issued by customer Bowers Generator Systems Customer: City of Kent By: Mike Hattrup By Andrew Custer Title: Capital Project Coordinator Title: Sales Engineer Date 12113-2010 Date: 12-13-2010 TERMS AND CONDITIONS APPLICABLE TO PLANNED MAINTENANCE AGREEMENT A MAINTENANCE SCHEDULE. Maintenance services, under this agreement,will be performed between 7 00 a m,and 5 p m., Monday through Friday exclusive of Bowers holidays Customers are required to notify Bowers of any situation or unscheduled event which could prevent the completion of scheduled maintenance (Per customers request Contract mod cation to reflect hours of maintenance service change to Saturdays 7 00 a m to 5 o m) B CUSTOMER RESPONSIBILITIES.Customer(s)will provide full and free access to the equipment specified in this agreement. C. SERVICES PROVIDED BY Bowers. A detailed scope of services to be performed by Bowers Is presented in Schedule A, D PARTS AND LABOR WARRANTY- BOWERS warrants its work to be free of defective workmanship for a period of six(6) months from the date of the completed maintenance inspection Labor warranty applies to the actual work performed by BOWERS during a maintenance Inspection The warranty also covers the repair o,replacement of any part(s),which were rendered Inoperable as a result of any defective workmanship by BOWERS E WARRANTY DISCLAIMER,THE LIABILITY OF BOWERS 15 DEFINED BY THIS WARRANTY,AND IS THE SOLE WARRANTY OF BOWERS AND IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED BY ACCEPTANCE HEREOF, CUSTOMER AGREES THAT THERE IS NO EXPRESS OR IMPLIED WARRANTY BY BOWERS OR BY ANY MANFACTURER AS TO THE FITNESS FOR A PARTICULAR USE, MERCHANTABILITY, CAPACITY, OR EFFICIENCY OF ANY PRODUCT SOLD F LIMITATION OF LIABILITY, ANY LIABILITY FOR CONSEQENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED BOWER'S LIABILITY IN ALL EVENTS IS LIMITED TO,AND SHALL NOT EXCEED,THE PURCHASE PRICE PAID BY THE CUSTOMER a� G FORCE MAJEURE BOWERS will not be held liable for equipment failure(s)when such failures are due to causes beyond its reasonable control This includes, but is not limited to acts of God,acts of civil or military authority, priorities, strikes, labor disputes,floods,epidemics,war, riots,delays in transportation,or inability to obtain labor or materials H PAYMENT TERMS Unless otherwise specified, all invoices are due and payable Net 30,following date of invoice,no cash discount being allowed All past due amounts arising hereunder or otherwise owing to BOWERS shall bear interest at 18%per annum At no time shall this rate exceed the maximum rate of interest allowed by applicable state laws or laws of the United Stales of America (whichever is greater) Claims for shortages,deductions or erroneous charges must be made within 30 days following receipt of goods or services If default in payment occurs on any monies owed to BOWERS,and collection is made through an attorney or a collection agency engaged by BOWERS, Customer agrees to pay all reasonable and necessary attorney's fees,collection agency fees, expenses,and court costs I CREDIT. This sale, unless for cash in advance or cash on delivery, is subject to approval by Bowers credit department If the credit rating of the Customer becomes unsatisfactory in the opinion of Bowers credit department prior to the performance of the services under this Agreement,the Agreement may be cancelled by BOWERS If the Customer fails to fulfill any terms of this Agreement, BOWERS may defer performance of the services until compliance therewith is made, or BOWERS may cancel this Agreement at its option J TERMINATION OF AGREEMENT BY CUSTOMER. Customer(s)are required to provide BOWERS with an officially written Thirty(30)day notice prior to Termination of this agreement Customer agrees to pay for any services performed by BOWERS through the date of termination K GENERAL* t The tern Customer applies to the owner of the equipment subject to this Agreement,or if not the owner,the representative(s)having the authority to enter into this agreement 2 Any notice or other official communication given shall be written and mailed to the appropriate party at the address annotated on this Agreement,or to such address as such party shall have designated in writing Any such notice,if mailed properly addressed and postage prepaid is be deemed given when deposited in the United States 3 This Agreement shall be interpreted and implemented in accordance with the laws of the state of Washington 4 5 This Agreement shall be binding and to the benefit of both parties and their respective successors and assigns 6 Customer shall assume all responsibility for compliance with local laws,ordinances, or other regulations relating to the operation and use of the equipment subject to this Agreement L COMMENT SECTION: Customer to be notified 45 days in advance of option to renew contract. Spare City Hall and Police HQ not quoted at this time Aynomem QUOTE SYSTEM INPUT BASIC INFORMATION CUSTOMER NAME City of Kent LOCATION Kent STANDBY OR PRIME Standby CONTRACT START DATE TBD CONTRACT END DATE TBD BILL OF MATERIAL EVENT DESCRIPTION/MANUFACTURE PART NUMBER QUANTITY ESTIMATED COST t 2 3 4 5 6 7 8 9 10 11 12 Aynomam EVENTS TO SCHEDULE EVENT NUMBER TYPE OF SERVICE DATE OF EVENT ESTIMATED LABOR COMMENTS HOURS 1 2 3 4 5 6 7 8 9 10 PLANNED MAINTENANCE AGREEMENT SCHEDULE A GENERATOR SETS 1. Run generator on"load bank"at rated load 2 hours OPTIONAL 2 Replace engine lubricating oil and remove used oil from premises 3 Replace oil,fuel and coolant filters,add corrosion inhibitor as needed 4 Perform oil,fuel and coolant samples and analysis OPTIONAL 5 Replace lube oil in hydraulic governors(if applicable) 6 Natural Gas1LPG fueled engines—check all spark plugs,ignition condenser,cap rotor,wires,and points Replace when necessary, with customer's approval (Additional cost) 7 Check engine oil and coolant for proper levels and condition (Advise-Additional Cost for Replacement) 8 Check air filter and crankcase beathers Replace with customer's approval (Additional cost) 9 Check and adjust belts as required 10 Check genset for loose,bare broken wiring or connections 11 Check governor operation,stability, linkage and oil 12 Check fuel tanks,pumps and lines for leaks or damage 13 Check engine, heaters, radiator,hoses and heat exchanger(if applicable)for coolant leaks and condition 14 Check inlet screen if water is supplied from other than radiator 15 Check condition of batteries(load test),electrolyte level and charging rate 16 Start and run engine,check temperatures and pressures 17 Test engine safety shutdown systems 18 Test transfer switch operation and time delays,where applicable 19 Check unit for proper frequency/speed,voltage and amperage 20 Submit a report to owner,and advise of any further work required ANNUAL(PREVENTIVE MAINTENANCE): EVENTS 1 THRU 20. SEMI-ANNUAL, P M T L' ( E INSPECTION): EVENTS 7 THRU 20. Contact Page Phone - 866-792-8220 Fax - 253-872-4127 Sales Contacts Dan Hodge, Owner,phone extn 104, Email Andrew Custer, Sales Engineer, phone extn 107, Email Parts Contact Pat Brown, Parts Manager, phone extn 106,Email Accounting and Customer Service Issues Patsy Hodge,phone extn 102, Email Mail Address PO Box 600,Kent WA 98035-0600 Street Address 22221 70th Ave South, Kent Wa 98032 Driving Directions From Seattle i Bowers Natural Gas and Diesel Electric Generators - Since 1941! E-mail. danhabowerspower.com 800--858-5881 i EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile 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. 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. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. S. 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. z EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. A� CERTIFICATE OF LIABILITY INSURANCE 5/24/20" PRODUCER (425) 712-3664 FAX: (425)712-3786 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PLC Insurance, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4211 Alderwood Mall Blvd, #210 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 6789 Lynnwood WA 98036 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A American States Insurance A XV Bowers Machine Co. INSURER PO BOX 600 INSURER C INSURER 0 Kent WA 98032 1 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OPSUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR )UL POLICYEFFECTIVE POLICYEXPIRATION 7R N&RE TYPEFINSURANCE POLICYNUMBER DATE(MWDDNYYYI DATEfMWDDNYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occunence $ 1 00 000 A CLAIMS MADE [i] OCCUR 01—CG-050072-0 8/20/2010 8/20/2011 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PR� LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 A ALL OWNED AUTOS 01—CG-050072-0 8/20/2010 8/20/2011 BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S I AUTO ONLY AGG S tEXCESS I UMBRELLA LIABILITY EACH OCCURRENCE S 2,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 2,000,000 A DEDUCTIBLE 01-Su-302880-0 8/20/2010 8/20/2011 $ hX RETENTION $ 10,00 $ A T1fLJ®�MPLOYERS'LIABILITY Y/N WC ST MTU- X OTH- ANY PROPRIETOR/PARTNERiEXECUTIVE❑ E L EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) 01-CG-050072-0 8/20/2010 8/20/2011 E L DISEASE-EA EMPLOYEE $ 1,000 000 If yes,describe under SPECIAL PROVISIONS belayi E L DISEASE-POLICY LIMIT 1$ 2,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Kent is an additional insured per attached CG7635 (02/07) for work preformed by the named insured only. *cancels and replaces certificate issued on 5/20/11 CERTIFICATE HOLDER CANCELLATION (2 5 3)85 6-6 0 8 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN Attn: Mike Hattrup NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LEFT,BUT FAILURE TO DO SO SHALL 220 Fourth Avenue South Kent, WA 98032 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES AUTHORIZED Jerry Fiser/MICHEL ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION All rights reserved INS025(200901) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing msurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2009/01) IN5025(200901) f fhcrty COMMERCIAL GENERAL LIABILITY Nortlncest. CG 76 35 02 07 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Kent ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following ( CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any "occurrence"which takes place INSURED (Section ll): after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in the Sched- you; ule or for whom you are required by written con (b) This insurance t tract, agreement or permit to provide insurance any structural alterations, new plcon- is an insured, subject to the following additional struction or demolition operations provisions: performed by or on behalf of the w a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in insured; the Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the "bodily injury", "property sured, whether the work is performed damage", or "personal and advertising by you or for you; injury". (3) The maintenance, operation or use by b. The person or organization added as an in you of equipment leased to you by such C sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to: following additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply to that part of premises you own, rent, any "occurrence"which takes place after the equipment lease expires; _- Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 CG 75 35 02 07 Pao 1 of 4 EP r.Ar..i,PRJNm .9;�JII .w (b) This insurance does not apply to This exclusion applies even if the claims "bodily injury" or `property dam- against any insured allege negligence or age" arising out of the sole negli- other wrongdoing in the supervision, humg, gerice of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which ' caused the "bodily injury" or "property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdEvision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision: sured. This insurance does not apply to "bodily This exclusion does not apply to: injury", "property damage", or (1) A watercraft while ashore on premises "personal and advertising injury" arising you own or rent; out of operations performed for the state or municipality. (2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge; "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or lent, pro- professional services by or for you, mclud_ vided the "auto" is not owned by or ing: rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract" for the ownership, mainte- opmions, reports, surveys, change or- nance or use of aircraft or watercraft; or ders, designs or specifications; and (5) "Bodily injury" or "property damage" (2) Supervisory, inspection or engineering arising out of: services. (a) the operation of machinery or equipment that is attached to, or d. This insurance doss not apply to "bodily pp Y Y part of, a land vehicle that would injury" or "property damage" included within qualify under the definition of the "products-completed operations haz- "mobile equipment" if it were not and". subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an insured un- hicle insurance law in the state der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged; or i (b) the operation of any of the machin- No coverage will be provided if,in the absence of this ery or equipment listed in Paragraph endorsement, no liability would be imposed by law on f,(2) or f.(3) of the definition of you. Coverage shall be limited to the extent of your "mobile equipment". negligence or fault according to the applicable princi- ples of comparative fault. (6) An aircraft you do not own provided it is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED TENANTS' PROPERTY DAMAGE LIABILITY AIRCRAFT LIABILITY Exclusion g. of COVERAGE A (Section 1) is replaced When a Damage To Premises Rented To You Limit is by the following: shown in the Declarations, Exclusion J. of Coverage A, Section I is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or 1• Damage To Property entrustment to others of any aircraft, "auto" "Property damage" to: or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- (1) Property you own, rent, or occupy, including ation and "loading or unloading". any costs or expenses incurred by you, or Page 2 of 4 c-nca t-Pnnnum-23 m miv any other person, organization or entity, for WHO IS AN INSURED — MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS reason, including prevention of injury to a AN INSURED (Section II): person or damage to another's property; (2) Premises you sell, give away or abandon, if Paragraph(1) does not apply to executive officers, or the "property damage" arises out of any part to managers at the supervisory level or above. of those premises; SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Property loaned to you; AND B — BAIL BONDS — TIME OFF FROM (4) Personal property in the care, custody or WORK control of the insured; Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — (5) That particular part of real property on which COVERAGES A AND B is replaced by the following: you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to $3,000 for cost of bail bonds required are performing operations, if the "property because of accidents or traffic law violations damage" arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work" was Incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to "property damage" (other than d. All reasonable expenses incurred by the in- damage by fire) to premises, including the con- sured at our request to assist us in the in- tents of such premises, rented to you.A separate vestigation or defense of the claim or "suit", limit of insurance applies to Damage To Prem- including actual loss of earnings up to $500 ises Rented To You as described in Section III a day because of time off from work. — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE I, the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO IS AN INSURED(Section Paragraphs (3), (4), (5) and (6) of this exclusion II) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard". Provision 3.a, of WHO IS AN INSURED (Section II) is " Paragraph 6. of LIMITS OF INSURANCE (Section 111) replaced by the following: is replaced by the following: a. Coverage under this g provision is afforded 6. Subject to 5. above, the Damage To Premises only until the end of the policy period. Rented To You Limit is the most we will pay un- EXTENDED "PROPERTY DAMAGE" e� der Coverage A for damages because of "property damage" to any one premises, while Exclusion a. of COVERAGE A (Section 1) is replaced rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by by the following: you with permission of the owner. a. "Bodily injury" or "property damage" expected The Damage To Premises Rented To You limit is the or intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury higher of the Each Occurrence Limit shown in the or "property damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You Limit. GG 75 35 02 07 _ Page 3 of 4 EP C•AG•11•PflINTGGI.2355-0151•lN EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT 3. °Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to $10,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. The following is added to Paragraph 2. Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph 8. Transfer Of (Section IV): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by tlon IV): your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. make for injury or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard". This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tlons of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex- LOCATION isting at the inception dale of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section 1), and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations LIBERALIZATION CLAUSE at a single "location": The following paragraph 1s added to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): tlon III) apply separately to each of your "locations" owned by or rented to you. 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- e "location" means premises involving the same or mlum, becomes effective during the policy period connecting lots, or premises whose connection is In the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 of 4 C AG-11.PRINT001-7355015241 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) E/ Reviewed by City Attorney Reviewed by Director Originator: Mike Hattrup Phone (Originator): 5082 Date Sent: 6/8/2011 Date Required: 6/13/2011 Return Si ned Document to: Rosalie CONTRACT TERMINATION DATE: 7/3/2011 VENDOR NAME: Bowers Machine Comp DATE OF COUNCIL APPROVAL: Brief Explanation of Document: Bowers Machine will perform annual (Preventive Maintenance), Semi-Annual,-,Qua+t-er-Iy-,-Moi;thay4(Site Inspection) for one year with a Three (:I) year extensions option (Renewable Yearly) for Back up Generators. This Agreement will begin July 1 ,2011 and end June 30, 2012, at the City of Kent City Hall Campus, Public Works Operations, Kent Commons, Kent Corrections and eight Kent RFA Fire Stations, in accordance with the proposal dated December 13, 2010, which is attached and incorporated as Exhibit A. All Contracts Must Be Routed Through Thelra-w Department jkwii are be the Law Department) Received: HEdE ( . Approval of Law Dept.: JUN 10 2Q11 Law Dept. Comments: N�' , 'D_ LAW DEPT Date Forwarded to Mayor: r, !� �� L&) City of Kent t + Off!c.a of the Mayor Shaded Areas To Be Completed By AdministrationfS ff Received: L Recommendations and Comments: Disposition:6//��/ / Date Returned: �� ``� CERTIFICATE OF LIABILITY INSURANCE 7/14/2011' PRODUCER (425)712-3664 FAX: (425)712-3786 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PLC Insurance, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4211 Alderwood Mall Blvd, #210 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW PO Box 6789 Lynnwood WA 98036 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A American States Insurance AXv Bowers Machine Co. INSURER B PO BOX 600 INSURER C INSURER D Kent WA 98032 1 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OFSUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL POLICY NUM POLICY EF FECTIVE POLICY EXPIRATION LIMITS LTR N RD BER MM/DD/YYYY DATE iMM1DD0YYYYI GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 DF AG TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $ 1100,000 A CLAIMS MADE X OCCUR 01-CG-050072 8/20/2011 8/20/2012 MED EXP(Anyone person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO DOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) A ALL OWNED AUTOS 1-CG-050072 8/20/2011 8/20/2012 BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 X OCCUR F7 CLAIMS MADE AGGREGATE $ 2,000,000 A DEDUCTIBLE 01-SU-302880 8/20/2011 8/20/2012 $ X RETENTION $ 10,000 $ A ,b`P(C�IF�frN '�fl WC STATTS X OTH- MPLOYERS'LIABILITY YIN CRY ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E L EACH ACCIDENT $ 11000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 01-CG-050072 8/20/2011 8/20/2012 EL DISEASE-EA EMPLOYEE $ 1,000,000 If yes describe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ 2,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Kent is an additional insured per attached CG7635 (02/07) for work preformed by the named insured only. CERTIFICATE HOLDER CANCELLATION (253)856-6080 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEDBEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN Attn: Mike Hattrup NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 220 Fourth Avenue South Kent, WA 98032 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE � (� J_ Jerry K1ser/SHAN ��+�'TiafA' ACORD 25(2009101) ©1988-2009 ACORD CORPORATION All rights reserved INS025(200901) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing msurer(s),authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2009/01) INS025(200901) �►, LiFicrt?' COMMERCIAL GENERAL LIABILITY north��x+st, CG 76 35 02 07 t THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following I CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any "occurrence" which takes place INSURED (Section II): after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in the Sched- you; ule or for whom you are required by written conThis- y to tract, agreement or permit to provide insurance N) any structural al alterations,rance does new plcon is an insured, subject to the following additional _� struction or demolition operations --� provisions: performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in insured, the Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the "bodily injury", "property sured, whether the work is performed damage", or °personal and advertising by you or for you; injury . (3) The maintenance, operation or use by — b. The person or organization added as an in you of equipment [eased to you by such sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to; fallowing additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply to that part of premises you own, rent, any "occurrence"which takes place after the equipment lease expires; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 CC 76 35 02 07 fags 1 of 4 EP r.naai.onImm"1gMr"Mw (b) This insurance does not apply to This exclusion applies even if the claims "bodily injury" or "property dam- against any insured allege negligence or age" arising out of the sole negll- other wrongdoing in the supervision, hiting, gence of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which caused the "bodily injury" or °property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision: sured. This insurance does not apply to "bodily This exclusion does not apply to: injury", 'property damage", or °personal and advertising injury" arising (1) A watercraft while ashore on premises you own or rent; out of operations performed for the state or municipality. (2) A watercraft you do not own that is: a. The insurance with respect to any architect, (a) Loss than 52 feet long; and engineer, or surveyor added as an insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge; "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or tent, pro- professional services by or for you, mclud- vided the "auto" is not owned by or Ing: rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) liability assumed under any "insured prepare or approve maps, drawings, contract" foi the ownership, mainte- opinions, reports, surreys, change or- nance or use of aircraft or watercraft; or ders, designs or specifications; and (5) "Bodily injury" or "property damage" (2) Supervisory, inspection or engineering arising out of: services. (a) the operation of machinery or equipment that is attached to, or d. This insurance does not apply to "bodily part of, a land vehicle that would injury" or "properly damage" included within qualify under the definition of the "products-completed operations haz- "mobile equipment" if it were not ard" subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an insured un- hicle insurance law in the slate der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged; o, is provided if,in the absence of this (b) [lie operation of any of the machin- No coverage will be N P ery or equipment listed in Paragraph endorsement, no liability would be imposed by law on f.(2) or f.(3) of the definition of you. Coverage shall be limited to the extent of your "mobile equipment". negligence or fault according to the applicable princi- ples of comparative fault. (6) An aircraft you do not own provided it is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED TENANTS' PROPERTY DAMAGE LIABILITY AIRCRAFT LIABILITY Exclusion g- of COVERAGE A (Section 1) is replaced When a Damage To Premises Rented To You Limit is by the following: shown in the Declarations, Exclusion !- of Coverage A, Section I is replaced by the following: g "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or !• Damage To Property entrustment to others of any aircraft, "auto" "Property damage" to: or watercraft owned or operated by or re riled or loaned to any insured. Use includes oper- (1) Property you own, rent, or oncupy, including ation and "loading or unloading". any costs or expenses incurred by you, or Page 2 of 4 '} GAG•11.PItluTWb2drfi0150•ly _ any other person, organization or entity, for WHO IS AN INSURED — MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS reason, including prevention of injury to a AN INSURED (Section If): i person or damage to another's property, (2) Premises you sell, give away or abandon, if Paragraph(1) does not apply to executive officers, or the "property damage" arises out of any part to managers at the supervisory level or above. of those premises; SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Properly loaned to you; AND B — BAIL BONDS — TIME OFF FROM (4) Personal property in the care, custody or WORK control of the Insured; Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — (5) That particular part of real property on which COVERAGES A AND B is replaced by the following; you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to $3,000 for cost of ball bonds required are performing operations, if the "property because of accidents or traffic law violations damage" arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to "property damage" (other than d. All reasonable expenses Incurred by the In- damage by fire) to premises, Including the con- sured at our request to assist us in the in- tents of such premises, rented to you.A separate vestigation or defense of the claim or "suit", limn of insurance applies to Damage To Prem- Including actual loss of earnings up to $500 ises Rented To You as described in Section ill a day because of time off from work. — Limits Of Insurance. Paragraph (2) of this exclusion does not apply ii EMPLOYEES AS INSUREDS — HEALTH CARE I, the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO IS AN INSURED(Section Paragraphs (3), (4), (5) and (6) of this exclusion II) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard". Provision 3.a. of WHG IS AN-TISLIFtED-jSection-Mlis — Paragraph 6. of LIMITS OF INSURANCE (Section III) replaced by the following: is replaced by the following: a. Coverage under this provision is afforded 6. Subject to 5. above, the Damage To Premises only until the end of the policy period. Rented To You Limit is the most we will pay un- der Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, Exclusion a. of COVERAGE A (Section I) is replaced while rented to you or temporarily occupied by by the following' you with permission of the owner, a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. The Damage To Premises Rented To You limit is the This exclusion does not apply to 'bodily injury" v ". higher of the Each Occurrence Limit shown in the or 'properly damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You limit. CC 76 35 02 07 Page 3 014 EP C-AG•11-PGIN7G01-'�ir9151•N/ s EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: INCREASED MEDICAL EXPENSE: LIMIT 3. "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to $10,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime. The following is added to Paragraph 2. Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph & Transfer Of (Section IV): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by lion IV): your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. make for injury or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in [he HAZARDS "products-completed operations hazard". This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex- LOCATION isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section 1), and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE at a single "location": The following paragraph is added to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion III) apply separately to each of your "locations" owned by or rented to you. 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- "Location" means premises involving the same or mium, becomes effective during the policy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide [his additional cov- erage on the effective date of the revision. Page 4 of 4 C-AG-II-PAI NT0111-ZiS5Al62-W / , ® DATE(MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 7/10/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) PRODUCER CONTACT Shannon Starkweather NAME PLC Insurance, LLC PHOAJC.NE (425)712-3664 we o (425)712-3786 4211 Alderwood Mall Blvd, #210 EAI -MESS shannon@plcins.com INSURERS AFFORDING COVERAGE NAIC 9 Lynnwood WA 98036 INSURER A American States Insurance Comp INSURED INSURER B Bowers Machine Co. INSURER PO BOX 600 INSURERO INSURER E Kent WA 98032 INSURER COVERAGES CERTIFICATE NUMBER:12/13 GL REVISION NUMBER_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MWDDIYYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE T AMA ET ENTED 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ A CLAIMS-MADE �X OCCUR ICI481785-1 /20/2012 /20/2013 MED EXP(Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 2,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED 1CI481785-1 /20/2012 /20/2013 BODILY INJURY(Per accident) $ AUTOS NONAUT OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident }{ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE $ 2,000,000 DIED I X I RETENTION$ 10,00C DISU425120 /20/2012 /20/2013 $ A )WOW WAHX WMA)1)4D( WC sTATu- oTHLEL - "F(EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER,'EXECUTIVE❑ NIA E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED 1CI481785-1 (Mandatory In NH) /20/2012 /20/2013E L DISEASE-EA EMPLOYE $ 1,000,000 If yes descnbe under WA Stop 'a 1),SCRIPTION OF OPERATIONS below P P EL DICEASE POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more apace Is requlredl City of Kent is an additional insured per attached CG7635 (02/07) for work preformed by the named insured only. CERTIFICATE HOLDER CANCELLATION (253)856-6080 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS Attn: Mike Hattrup 220 Fourth Avenue SouthAUTHORIZED REPRESENTATIVE Kent, WA 98032 Jerry Kiser/MONICA c-7 ACORD 25(2010105) ©1988-2010 ACORD CORPORATION All rights reserved INS02519rI M Th.Arilpn nnmc and Inn^aim r<rnetarard marlfC of aropri �► Liberty COMMERCIAL GENERAL LIABILITY Nortlnrest. „m.,. CG 76 35 02 07 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: 1 ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions. SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any "occurrence"which takes place INSURED (Section li): after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in the Sched- you; ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations r provisions: performed by or on behalf of the a. The contract, agreemertt or permit rrittst -R.- na 4 person or organization added as an — - in effect during the policy period shown in insured; the Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the "bodily injury", "property sured, whether the work is performed damage", or "personal and advertising by you or for you; injury" (3) The maintenance, operation or use by b. The person or organization added as an in- you of equipment leased to you by such sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to: following additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply to t that part of premises you own, rent, any "occurrence"which takes place after the equipment lease expires; s Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 CG 75 35 02 07 Page t of EP r.nrsa�.amxmm.smc.meari i (b) This insurance does not apply to This exclusion applies even if the claims "bodily injury" or "property dam- against any insured allege negligence or age" arising out of the sole negli- other wrongdoing In the supervision, hiring, gence of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which caused the "bodily injury" or "property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any In- vision: sured. This insurance does not apply to "bodily This exclusion does not apply to: injury", "property damage", or (1) A watercraft while ashore on premises "personal and advertising injury" arising you own or rent; out of operations performed for the state or municipality. (2) A watercraft you do not own that is: c. The Insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an Insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge; "bodily Injury", "properly damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, includ- vlded the "auto" is not owned by or ing: rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract" for the ownership, malnte- opinons, reports, surveys, change or- nance or use of aircraft or watercraft; or ders, designs or specifications, and (5) "Bodily injury" or "property damage" (2) Supervisory, inspection or engineering arising out of: services. (a) the operation of machinery or equipment that Is attached to, or d. This insurance does not apply to "bodily part of, a land vehicle that would injury" or "property damage" included within qualify under the definition of ; the 'products-completed operations haz- "mobile equipment" 1€ it were not ; and". subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an Insured un- hlcle Insurance jaw in the state der this endorsement ends when your operations for where it is licensed or principally that Insured are completed. garaged; or i No coverage will be provided if, in the absence of this (b) the operation of any of the machin- endorsement, no liabilitywould be imposed b law on f.( or equipment listed in Paragraph P Y f.{2) or f.(3) of the definition of you. Coverage shall be limited to the extent of your "mobile equipment". negligence or fault according to the applicable princi- ples of comparative fault. (6) An aircraft you do not own provided it is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY TENANTS' PROPERTY DAMAGE LIABILITY Exclusion g. of COVERAGE A (Section 1) is replaced When a Damage To Premises Rented To You Limit is by the following: shown in the Declarations, Exclusion j. of Coverage A, Section I is replaced by the following• g. "Bodily Injury" or "property damage" arising out of the ownership, maintenance, use or (. Damage To Property entrustment to others of any aircraft, "auto" "Property damage" to: or watercraft owned or operated by or rented or loaned to any insured Use includes oper (1) Property you own, rent, or occupy, including ation and "loading or unloading". any costs or expenses incurred by you, or Page 2 of 4 C-AG-1 I-P A RITWI-2355Al MW any other person, organization or entity, for WHO IS AN INSURED — MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS reason, including prevention of injury to a AN INSURED (Section 11): ( person or damage to another's property; (2) Premises you sell, give away or abandon, if Paragraph(1) does not apply to executive officers, or the "property damage" arises out of any part to managers at the supervisory level or above. of those premises; SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Property loaned to you; AND B — BAIL BONDS — TIME OFF FROM (4) Personal property in the care, custody or WORK control of the Insured; Paragraph I.b. of SUPPLEMENTARY PAYMENTS — (5) That particular part of real property on which COVERAGES A AND B is replaced by the following: you or any contractors or subcontractors working directly or Indirectly on your behalf b. Up to $3,000 for cost of ball bonds required are performing operations, if the "property because of accidents or traffic law violations damage" arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to "property damage" (other than d. All reasonable expenses Incurred by the in- damage by fire) to premises, Including the con- sured at our request to assist us in the in- tents of such premises, rented to you.A separate vestigation or defense of the claim or "suit", limit of insurance applies to Damage To Prem- including actual loss of earnings up to $500 ises Rented To You as described in Section III a day because of time off from work. — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO IS AN INSURED(Section Paragraphs (3), (4), (5) and (6) of this exclusion ll) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard". e Provision 3.a, of WHO IS AN INSURED (Section II) is " — Paragraph 6. of LIMITS_OF INSURANCE (Section 110 _ replaced by the following, v is replaced by the following: a. Coverage under this provision is afforded 6. Subject to 5. above, the Damage To Premises only until the end of the policy period. Rented To You Limit is the most we will pay un- EXTENDED "PROPERTY DAMAGE" der Coverage A for damages because of "property damage" to any one premises, while Exclusion a. of COVERAGE A (Section I) is replaced rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by by the following: you with permission of the owner. a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. The Damage To Premises Rented To You limit Is the This exclusion does not apply to "bodily injury" higher of the Each Occurrence Lund shown in the or "property damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You Limit. CG 75 35 02 07 Page 3 of 4 EP GAVI-PRINTWI-M-0151* t EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT 3. "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to $10,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph 8. Transfer Of (Section IV): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by tion IV): your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization; because of payments we from line agent, servant or employee. make for injury or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard". This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex- LOCATION [sting at the inception date of your policy, we will not deny coverage under this Coverage Form because of " For all sums which the insured becomes legally ob[i- such failure. However, this provision does not affect gated to pay as damages caused by 'occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section 1), and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations LIBERALIZATION CLAUSE at a single 'location": The following paragraph is added to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion III) apply separately to each of your 'locations" owned by or rented to you. 10. If a revision to this Coverage Part, which would x provide more coverage with no additional pre- "Location" means premises involving the same or mium, becomcs effective during the pol;cy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Pags 4 of 4 C A%11-PRINTOOI-235543152-V!