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HomeMy WebLinkAboutPW11-306 - Original - Grundfos CBS, Inc. - Green River Natural Resources Area Irrigation Pump - 12/20/2011 w�a Records Maqn-,'d�geme i = KENW.SHINOTON Document s +a 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: Grundfos CBS, Inc. Vendor Number: ID Edwards Number Contract Number: PG) `' 3C)t rr P This is assigned by City Clerk's Office Project Name: Green River Natural Resources Area Irrigation Pump Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 12/20/11 Termination Date: 6/30/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide a replacement irrigation pump. S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WAS NINGT. GOODS & SERVICES AGREEMENT between the City of Kent and Grundfos CBS, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Grundfos CBS, Inc. organized under the laws of the State of Washington, located and doing business at 3113 S. Pine St., Unit C2, Tacoma, WA 98409, Phone: (206) 433-2600/Fax: (206) 433-0263, Contact: Matt Gjerstad (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: The Vendor shall provide a replacement irrigation pump for the Green River Natural Resources Area. For a description, see the Vendor's November 1, 2011 quote which is attached as Exhibit A and incorporated by this reference. 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 Six Thousand, Eight Hundred Fifty Five Dollars and eighty cents ($6,855.80), 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 - 1 (Under$10,000,00, including WSST) i \ l Vendor shall be paid after submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. t B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required GOODS & SERVICES AGREEMENT - 2 (Under $10,000.00, including WSST) 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. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. GOODS & SERVICES AGREEMENT - 3 (Under$10,000.00, including WSST) 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 t 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 IF under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. GOODS & SERVICES AGREEMENT - 4 (Under$10,000.00, indudIng WSST) r , X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. z 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. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. GOODS & SERVICES AGREEMENT - 5 (Under$10,000,00, including INSST) 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 XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Under$10,000.00, including WSST) 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 KENT: By: �1 By: (sign re) ( nature) Print Name: zl,*M e!5 i�.�s'r� Print Name: Timothy J. LaPorte, P.E. Its: i✓W_ 4 &�z Its: P blic Works Director (title DATE: 1.2. / / DATE: �2 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Matt Gjerstad Timothy J. LaPorte, P.E. Grundfos CBS, Inc. City of Kent 3113 S. Pine St., Unit 2 220 Fourth Avenue South Tacoma, WA 98409 Kent, WA 98032 (206) 433-2600 (telephone) (253) 856-5500 (telephone) (206) 433-0263 (facsimile) (253) 856-6500 (facsimile) Grunotos-GKNKA Pump/Knox GOODS & SERVICES AGREEMENT - 7 (Under$10,000.00, Including WSST) �f 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. .� Dated this �_ day of F-6&,-'1 /Q , 20-1/. By: For: (,IQ✓�'DFOf C�S Title: /'� �/. �L"�!//Gc� /7�f�✓.¢��7{ Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. 3 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: EEO COMPLIANCE DOCUMENTS - 3 of 3 : K EXHIBIT A I Grundfos CBS, Inc. 3113 South Pine Street Unit C2, Tacoma,Washington 98409 Phone: 206-433-2600 (Ext. 1720) Fax: 206-433-0263 Email: mglerstad(a grtmdfos.com Quotation from the desk of Matt Gierstad To: City of Kent November 1, 2011 Attn: Matt Knox Quote# CK110111 Phone: 253-856-5551 Email: mknox(cDci.kent.wa.us 3-Pages Grundfos CBS Inc, is pleased to offer the following quotation for your review and approval RE, New Paco Pump Model 10-30957 Due to the special shaft required on the motor the new pump has an extended lead time. Line Qty Description Price Total Each 1 1 New Pump Model 10-30957: $6,261.00 $ 6,261.00 The new pump is using a 60 HP motor.This is a complete new pump and motor 8-10 week lead time 2 1 1 Total for Parts and Labor 1 $ 6,261.00 i Prices are FOB Tacoma, and do not include sales tax if applicable. Quotation excludes overtime and any work not specified See above for shipment after receipt of approved order. Standard Grundfos CBS Inc. terms and conditions apply, and credit is subject to approval. Quote is valid for 30 days. I As always, we thank you for the opportunity to quote this project, and look forward to working together in the near future. If you should have any questions, or require any additional Information, please do not hesitate to call me at your earliest convenience. I can be reached at the numbers above Please complete information below to accept and return fax to service department. Sincerely, Customer Signature: Date Signed. Matt Gferstad N W Service Manager Purchase Order• I j $6,261.00 594.80 Sales Tax $6,855.80 Total EXHIBIT A Grundfos CBS, Inc STANDARD TERMS AND CONDITIONS OF SALE i SECTION I.-THE CONTRACT The Contract shall be comprised of the following terns,together with such terms and conditions as are set forth in Setter's written proposal or quotation(the"Quotation"),including any documents,drawings or specifications Incorporated therein by reference, and any additional or different terms proposed in Buyer's purchase order(the"Purchase Order')that are accepted by Seller in writing,which together shall constitute the entire agreement between the parties,provided,however,that preprinted terms on Buyer's purchase order or invoice shall not apply and Seller gives notice of objection to such terms An offer by Seller in its Quotation that does not stipulate an acceptance date Is not binding This Contract shall be deemed to have been entered Into upon written acknowledgment of the Purchase Order by an oficar or authorized representative of Seller,which may not be modified,supplemented,or waived except Ina writing executed by an authorized representative of the party to be bound, SECTION 2: PRICE The price quoted in the Quotation shalt be the Purchase Price unless otherwise agreed In the Purchase Order The Purchase Price for ; equlpmenl shell Include packing for shipment, Field Services shall be provided at Seller's standard rates All other costs,including i packing for storage,freight,insurance,taxes,customs duties and imporUexpott fees,or any other item not specified in the Contract, shall be paid by Buyer unless separately slated in the Quotation and included In the price quoted. Any sales,use,or other taxes and f duties Imposed on the transaction or the equipment supplied shall be paid or reimbursed by Buyer SECTION 3:PAYMENT TERMS Payment shall be due within 30 days of the date of Sellers invoice in U S funds unless otherwise agreed. If Buyer does not observe the agreed dates of payment,Buyer shall pay interest to Seller on overdue amounts at a rate that Is the higher of 9%per annum or a rate 5%in excess of the rate borne from time to time by new issues of six-month United States Treasury bills. Seller shall be entitled to issue its invoice for the Purchase Price for equipment upon the earlier of bhlpment,or notice to Buyer that Seller Is ready to ship,and for services,upon completion, If the Purchase Price exceeds$260,000 USO,Buyer shall pay the Purchase Price In Progress payments as follows, Fifteen percent(150A)upon submittal of general arrangement drawings,thirty five percent(35°%)after receipt of first Bowl Casting,Wenty percent(20%)after first casetbowl hydro test or bowl mactmmng and thirty percent(30%)after notification of ready to ship. SECTION 4:ACCEPTANCE AND INSPECTION All equipment shall be finally inspected and accepted by Buyer within 14 days after delivery or such other period of time as is agreed in (he Purchase Order Buyer shall make all clahns(including claims for shortages),excepting only those provided for under the warranty clause contained herein,in writing within such 14-day period or they are waived Services shall be accepted upon completion Buyar shall not revoke Its acceptance Buyer may reject the equipment only for defects(hat substantially impair its value,and Buyer's remedy for lesser defects shall be in accordance with Section 10,Warranty, If tests are made by Buyer to demonstrate the ability of the equipment to operate under the contract conditions and to fulfill the warranties In Section 10,Buyer is to make all preparations and Incur all expenses incidental to such tests Seller will have the right of representation at such tests at its expense,and the right to I technically direct the operation of the equipment during such tests,Including requiring a preliminary run for adjustments SECTION 6:TITLE AND RISK OF LOSS Full risk of loss(including transportation delays and losses)shall pass to Buyer upon delivery,regardless of whether title has passed to Buyer,transport is arranged or supervised by Seller,or start-up is carried out under the direction or supervision of Seller Delivery shall be ex works,INCOTERMS 2000, Loss or destruction of(he equipment or injury or damage to the equipment that occurs while the risk of such loss or damage is bome by Buyer does not relieve Buyer of its obligation to pay Seller for the equipment SECTION 6. PATENT OR TRADEMARK INFORMATION if the equipment sold hereunder is to be prepared or manufactured according to Buyer's specifications,Buyer shall indemnify Seller and hold It harmtess from any claims or liability for patent or trademark Inidrigement on account of the sale of such goods. SECTION 7: CHANGES i Buyer may request,in writing,changes in the design,drawings,specifications,shipping Instructions,and shipment schedules of the equipment As promptly as practicable after receipt of such request,Seller will acvise Buyer what amendments to the Contract,if any, may be necessitated by such requested changes,including but not limited to amendment of the Purchase Price,specifications, j shipment schedule,or date of delivery. Any changes agreed upon by the parties shall be evidenced by a Change Order signed oy both parties i SECTION e:CANCELLATION OR TERMINATION Buyer shall have the right to cancel the Contract upon 15 days'pdorwrjtleh notice to Sailer,and Seller shall stop Its performance upon the receipt of such notice except as otherwise agreed with Buyer If Buyer cancels the Contract,It shall pay' (a)the agreed unit price for equipment or components completed and delivered,(b) additional material and labor Costs incurred,and for engineonng services supplied by Seller with respect to the canceled items,which shall be charged to Buyer at Seller's rates in effect at the time of cancellation,but which shall net exceed the contract price for such items,and(c)such other costs and expenses,Including cancellation ! charges under subcontracts,as Seller may incur In connection with such cancellation or termination. I Rey 6,8 March 2006 page I of 2 a tUNEDP 1 ;#1 � i I EXHIBIT A i Grundfos CBS, Inc STANDARD TERMS AND CONDITIONS OF SALE SECTION 9:DELIVERY AND DELAYS Seller shall use its best efforts to meet quoted delivery dates,which are estimated based on conditions known at the time of quotation, Seller shall not be liable for any nonperformance,loss,damage,or delay due to war,riots,fire,flood,strikes or other labor difficulty, governmental actions,acts of God,acts of the Buyer or its customer,delays in transportation,inability to obtain necessary labor or materials from usual sources,or other causes beyond the reabonable control of Seller In the event of delay in performance due to any such cause,the date of delivery or time for completion will be extended to reflect the length of time lost by reason of such delay. Seller shall not be liable for any loss or damage to Buyer resulting from any delay in delivery, SECTION 10:WARRANTY Seller warrants that the equipment or services supplied will be free from defects in material,and workmanship for a period of 12 months from the date of initial operation of the equipment,or 18 months from the date of shipment,whichever shall first occur In the case of spare or replacement pails manufactured by Seller,the warranty period shall be for a period of six months from shipment Repairs shall be warranted for 12 months or,if the repair Is performed under this warranty,for the remainder of the original warranty period, i whichever Is ess.buyer shall report any claimed defect in writing to Seller immediately upon discovery and in any event,within the j I warranty period,Seller shall,at its sole option,repair the equipment or furnish replacement equipment or parts thereof,at the original delivery point Seller shall not be liable for costs of removal,reinstallation,or gaining access. if Buyer or others repair,replace,or adjust equipment or parts without Seller's prior written approval,Seller is relieved of any furlhor obligation to Buyer under this section with respect to such equipment or parts,The repair or replacement of the equipment or spare or replacement parts by Seller under this 4 section shall constitute Seller's sole obligation and Buyer's sole and exclusive remedy for all claims of defects SELLER MAKFS NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE F.OUfPMFNT OR i SERVICES OTHER THAN AS SPECIFIED IN THiS SECTION 10.ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, 1 ARE HEREBY DISCLAIMED For purposes of this Section,the equipment warranted shalt not include equipment,parts,and work not manufactured or performed by Seller With respect to such equipment,parts,or work,Sellers only obligation shall be to assign to Buyer any warranty provided to Seller by the manufacturer or supplier providing such equipment,parts or work. I No equipment furnshed by Seller shall be deemed to be defective by reason of normal wear and tear,failure to resist erosive or corrosive action of any fluid or gas,Buyers failure to properly store,install,operate or maintain the equipment In accordance with good Industry practices or specific recommendations of Seller,or Buyers failure to provide complete and accurate information to Seller concerning the operational application of the equipment. SECTION 11:TECHNICAL DOCUMENTS Technical documents furnished by Seller to Buyer,such as drawings,descriptions,designs and the like,shall be deemed provided to Buyer on a confidential basis,shalt remain Sellers exclusive property,shall not be provided In any way to third parties,and%hail only be used by Buyer for purposes of inslaflatlon,operation and maintenance. Technical documents submitted in connection with a Quotation that does not result in a Purchase Order shall be returned to Seller upon request. SECTION 12:LIMITATION OF LIABILITY Seller shall In no event be liable for any consequential,incidental,indirect,special or punitive damages arising out of the Contract,or i out of any breach of any of Its obligations hereunder,or out of any defect in,or failure of,or malfunction of the equipment,including but not limited to,claims based upon loss of use,lost profits or revenue,Interest,lost goodwill,work stoppage,impairment of other equipment,environmental damage,nuclear Incident,toss by reason of shutdown or nonoperatlon,Increased expenses of operation, cost of purchase of replacement paver or clalms of Buyer or customers of Buyer for service interruption whether or not such less or damage Is based on contract,tort(Including negttgenca and strict liability)or otherwise. Setter's maximum liability under this Contract shall not exceed the Purchase Order amount of the equipment or portion thereof upon which such liability is based. All such liability shall terminate upon(he expiration of the warranty period,if not sooner terminated. SECTION 13:THIS COMPANY IS AN EQUAL OPPORTUNITY EMPLOYER This agreement Incorporates by reference applicable provisions and requirements of Executive Order 11246 and FAR Section 52,222• 26(covering race,color,religion,sex and national origin),the Vietnam Era Veterans Readjustment Assistance Act of 1974 and FAR Section 52 222.35(covering special disabled and Vietnam era veterans),and the Rehabilitation Act of 1973 and FAR Section 62 222- 36(covering hand,capped individuals) By occoplance of this agreement Buyer certifies that it does not and will not maintain any facilities in a segregated manner,or permit ds employees to perform their services at any local+on under Its control where segregated facilkies are maintained,and further that appropnote physical facilities are maintained for bosh sexes Buyer agrees that It ill{obtain a i similar certificate prior to award of any nonexempt lower-tier subcontracts SECTION 14:LAW AND ARBITRATION The Contract shall be governed by the law of the Slate of Texas Any disputes arising out of this Contract shall be resolved by Informal mediation In any manner that the parties may agree within 45 days of written request for mediation by one party to the other Any dispute(hat cannot be resolved through mediation shall be resolved by binding arbitration conducted in English in Portland,Oregon under the Commercial Rules of the American Arbitration Association except as otherwise provided in this Section. The arbitration shall be conducted by three arbitrators chosen In accordance with said Rules The arbitrators are not entitled to award damages in excess of compensatory damages. Judgment upon the award may be entered In any court having jurlsdicllon � � I Rov 6,8 March 2006 Paso 2 of ' .� , EXHIBIT A G Flu N n POPS 0`i# Grundfos Quotation System 9.0.1.26 Pump Performance Datasheet Project name I location Tag Number Consulting engineer Service Customer City Of Kent Size 30957 LC Customer ref /PO Quantity 1 i Quote number CK062811 Quoted By(Sales Office) Date last saved 09116/2011 310 PM Quoted By(Sales Engineer) OperatingLiquid Flow,rated 700 0 USgpm Liquid type Water Differential head/pressure,rated(requested) 240 0 ft Additional liquid description Differential head/pressure,rated(actual) 240 3 ft Solids diameter,max 0 00 In Suction pressure,rated/max 0 00/0 00 psi g Solids concentration,by volume 0 00% NPSH available,rated Ample Temperature,max 68 00 deg F Frequency 60 Hz Fluid density,rated/max 1 000/1 000 so Performance Viscosity,rated 1 00 CIO i Speed,rated 3,550 rpm Vapor pressure,rated 0 34 psi a Impeller diameter,rated 8 39 In Impeller diameter,maximum 9 60 In I Material selected Cast iron Impeller diameter,minimum 690In Pressure D . Efficiency 76 54% Maximum working pressure 119.3 psi g NPSH required/margin required 13 20 10 00 ft Maximum allowable working pressure 175 0 psi g nq(imp,eye flow)/S(imp.eye flow) 30/166 Metric units Maximum allowable suction pressure 175 0 psi g MCSF 294 0 USgpm Hydrostatic test pressure 263 0 psi g Head,maximum,rated diameter 275 7 it . Data Head rise to shutoff 14 87°/6 Driver sizing specification Rated power Flow,best off point(BEP) 828 2 USgpm Margin over specification .0 00% Flow ratio(rated/BEP) 84 52 Oro Service factor .1 00 Diameter ratio(rated I max) 87 40% Power,hydraulic 42 41 hp Head ratio(rated die/max die) 71 05% Power,rated 55 41 hp Cq/Ch/Ce [ANS11H19 6 7-20041 1 00/100 100 Power,maximum,rated diameter 62 96 hp Selection status Acceptable Minimum recommended motor rating 60 00 hp 14474 kW 60 60 we n L 40 a 20 0 400 MCSF 9 60 in 64 — 360 57 76 BO 320 2 f 280 83913 7g 240 200 2 160 120 64 57 80 40 0 50 � NPSHr h 25 a z 0 0 100 200 300 400 500 600 700 800 900 1,000 11100 1,200 1,300 1,400 Flow-USgpm Grundfos CBS Inc 902 Koomey Road• Brookshire,Texas 77423 phone 1-800-955-5847•fax 1-800-945-4777 •www pacopumps com 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. 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 it 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. 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 ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. i l ® DATE(MM/DDIYYYY) A�o CERTIFICATE OF LIABILITY INSURANCE 1 212 012 0 1 1 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(les) 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 MARSH USA INC NAME PHONE FAX CHASE TOWER IAIC No Ext), (A/C,No 111 MONUMENT CIRCLE,SUITE 4300 E-MAIL INDIANAPOLIS,IN 46204-2492 ADDRESS INSURERS AFFORDING COVERAGE NAIC R 440282---2011 INSURER Federal Insurance Company 20281 INSURED INSURER B GRUNDFOS CBS INC/PACO PUMPS 3113S PINE STREET INSURER UNIT 02 INSURER D TACOMA,WA 98409 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER- CHI-004343466-03 REVISION NUMBER 3 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 TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DDNYVV A GENERAL LIABILITY 35273386 01/01/2011 0110112012 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE RENTED 2,000000 PREMISE Ea occurrence $ CLAIMS-MADE M OCCUR MED EXP(Any one person) $ 10,000 X $2,000 PC Deductible PERSONAL$ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 + GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 X I POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per acadenl $ 4D UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIA9 CLAIMS-MADE AGGREGATE $ ED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS LIABILITY YINTORY I WITS FR ANY PROPRIETOR PARTNERIEXECUTIVE E L EACH ACCIDENT $ OFFICERWEMBER EXCLUDED? FNI NIA (Mandatory in NH) EL DISEASE EA EMPLOYE $ If yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE POLICY LIMIT If DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) CITY OF KENT IS LISTED AS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT THIS INSURANCE IS PRIMARY AND NON-CONTRIBUTORY CERTIFICATE HOLDER CANCELLATION CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 FOURTH AVE SOUTH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KENT,WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE of Marsh USA Inc Cynthia G Hampton ©1988-2010 ACORD CORPORATION All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD r Liability Insurance Endorsement P0ftyPt3rlod JANUARY 1,2011 TO JANUARY 1,2012 ESedAe Date JANUARY 1,2011 Policy Number 3527-33-86 GAB Insured GRUNDFOS PUMPS CORP. Name of Company FEDERAL INSURANCE COMPANY Date Issued FEBRUARY 11,2011 This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured,the following provision is added: Who Is An Insured Scheduled Person Or Subject to all of the terms and conditions of this insurance,any person or organization shown in the Organization Schedule,acting pursuant to a written contract or agreemembetween you and such person or organization,is an insured,but they are insureds only with respect to liability ansmg out of your operations,or your premises,if you are obligated,pursuant to such contractor agreement,to provide them with such insurance as is afforded by this policy However,no such parson or organization is an insured with respect to any- assumption of liability by them in a contract or agreement-This limitation does not apply to the liability for damages for injury or damage,to which this insurance applies,that the person or organization would have in the absence of such contract or agreement datnages arising out of their sole negligence. Schedule PERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED,PURSUANT TO WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSON OR ORGANIZATION,TO PROVIDE WITH SUCH INSURANCE AS IS AFFORDED BY THIS POLICY,BUT THEY ARE INSUREDS ONLY I AND TO THE MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENT REQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS AS AN INSURED. HOWEVER,NO PERSON OR ORGANIZATION IS AN INSURED UNDER THIS PROVISION WHO IS MORE SPECIFICALLY PESCRB3ED UNDER ANY Reference Coppv GebBRy Insurance Additnal insured-Scheduled Person Or OrganaaWn cnntrnued Form 60-02.2367(Rev 8-04) Endorsement Page t } s Liability Endorsement (continued) OTHER PROVISION OF THE WHO IS AN INSURED SECTION OF THIS POLICY(REGARDLESS OF ANY LIMITAMN APPLICABLE THERETO). All other terra and conditions rerruun unchanged AufhonzedRepresentabve k Reference Copy LfabiRy Insurance Addlbonaf Insured-Scheduled person Or Organrzahon last page Form 80-02-2367(Rev 8-04) Endorsement page 2 i 4 AC RU DATE(MMID01 ) CERTIFICATE OF LIABILITY INSURANCE 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 pollcy(les) 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 °w—r certificate holder In lieu of such endorsement(s) PRODUCER CONTACTNAME AOn Risk Insurance services West, Inc. PHONE FA% Fresno CA Office (AJc Ne Bxt) (559) 449-7200 AIX No (559) 439-0663 5260 North Palm Avenue E-MAILADDRESS 0 Suite 400 Fresno CA 93704 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA Travelers Property Cas CO of America 25674 Grundfos CBS, Inc INSURERS The Travelers Indemnity Co 25658 902 Koomey Road Brookshire TX 77423 USA INSURER [INSURER 0 INSURER E INSURER COVERAGES CERTIFICATE NUMBER 570044672045 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 Limits shown are as requested INSR LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER MMIDONYYY) IMWDDffYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY AMA GE PREMISES Ea occurrence) CLAIMS-MADE ❑OCCUR MED EXP(Anyone person) PERSONAL&ADV INJURY v 0 GENERAL AGGREGATE n GE L AGGREGPTE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG v POLICY PRO JECTLOC o A AUTOMOBILE LIABILITY 8109328BS60 011011201101 0112012 COMBINED SINGLE LIMIT All Other States Ea accident $1,000,000 11 j), ANY AUTO BA8689C406 01/01/201101/01/2012 BODILY INJURY(Perperson) Z ALL OWNED SCHEDULED TX / WA BODILY INJURY(Per accident)B AUTOS AUTOS NON OWNEDBA8728CO06 01/01/2011 01/01/2012 PROPERTY DAMAGEHIRED AUTOS N AUTOS MA only (Peraccident) Y d UMBRELLA LIAR OCCUR EACH OCCURRENCE U EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION WORKERS COMPENSATION AND WC STATU77 EMPLOYERS'LIABILITY YIN TORY LIMITS PNY PROPRIETOR I PARTNER I EXECUTIVE EL EACH ACCIDENT OFFICERIMEMBER EXCLUDED'+ ❑ NIA (Mandatory in NH) E L DISEASE-EA EMPLOYEE Il yas descnbe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS f LOCATIONS[VEHICLES(Attach ACORD 707,Additional Rantarb Schedule,If more space Is required) City of Kent included as Additional Insured W L� �J 1 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE rrF EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS CityOf Kent rLJ AUTHORIZED REPRESENTATIVE 220 Fourth avenue so Kent WA 98032 USA rye Q l� �� Q �JYO M ✓ n7sAwaivGa JsN� AWIl _ A � ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO POLICYNUMBER• 81093288660; BA8728C006; BA8689C406 Effective: 1-1-2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies durance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by this endorsement. SCHEDULED PERSONS OR ORGANIZATIONS Person or orgenfzatlon: City of Kent RE: PROVISIONS A. The following is added to Paragraph c. in A. 1., B. The following is added to Paragraph 5., Other Who is An Insured, of SECTION II-LIABILITY Insurance, in B. General Conditions of SEC. COVERAGE: TION IV—BUSINESS AUTO CONDITIONS: Any person or organization shown above who is Regardless of the provisions of paragraph a. and required under a wnUen contract or agreement paragraph d. of this part 5. Other Insurance, ff between you and that person or organization,that the scheduled person or organization shown is signed and executed by you before the "bodily above has other insurance under which it is the Injury"or"property damage"occurs and that is in first named insured and that insurance also ap- effecl during the policy period,to be named as an plies, then this insurance is primary to and non- additional insured is an"insured"for Liability Cov- contributory with that other insurance when the erage, but only for damages to which this insur- written contract or agreement between you and ance applies and only to the extent that person or that scheduled person or organization, that Is organization qualifies as an "insured" under the signed and executed by you before the"bodily in- Who is An Insured provision contained in Section jury" or "property damage" occurs and that is in II. effect during the policy period,requires this insur- ance to be primary and non-contn'butory. CA T4 42 04 09 02008 The Travelers Compardes,Inc. Page 1 of 1 COMMON POLICY CONDITIONS WASHINGTON Alt Coverage Parts included in this policy are subject to the following conditions: The conditions in this endorsement replace any simi- consecutive days, or at least 65% of the lar conditions in the policy that are less favorable to rental units are unoccupied for more than the insured. 120 consecutive days, unless the struc- A. CANCELLATION ture is maintained for seasonal occu- 1. The first Named Insured shown In the Decla- panty or is under construction or repair; rations may cancel this policy by notifying us b. Without reasonable explanation, progress or the insurance producer in one of the follow- toward completion of permanent repairs ing ways: to the structure has not occurred within 60 days after receipt of funds following a. Written notice by mail,fax or e-mail; satisfactory adjustment or adjudication of b. Surrender of the policy or binder;or loss resulting from a fire, e. Verbal notice. e. Because of Its physical condition, the Upon receipt of such notice, we will cancel structure is in danger of collapse; this policy or any binder issued as evidence d. Because of its physical condition, a vacs- of coverage, effective on the later of the fol- tion or demolition order has been issued lowing for the structure, or it has been declared a. The date on which notice is received or unsafe In accordance with applicable law; the policy or binder is surrendered; or a. Fixed and salvageable Items have been b. The date of cancellation requested by the removed from the structure, indicating an first Named Insured intent to vacate the structure; 2. We may cancel this policy or any Coverage f- Without reasonable explanation, heat, ' Part by mailing or delivering to the first water, sewer and electricity are not fur- Named Insured and the first Named Insured's nished for the structure for 60 consecu- agent or broker written notice of cancellation, live days, or Including the actual reason for the cancella- g. The structure is not maintained In sub. tion, to the last mailing address known to us, stantial compliance with fire, safety and at least- building codes. a. 10 days before the effective date of can- 4. If: cellation if we cancel for nonpayment of a. You are an individual; premium,or b. A covered auto you own Is of the "private b. 45 days before the effective date of can- passenger type", and cellation if we cancel for any other rea- son c. The policy does not cover garage, auto- except as provided in paragraphs 3. and 4. mobile sales agency, repair shop, service station or public parking place operations below hazards, 3. We may cancel the Commercial Property we may cancel the Commercial Automobile Coverage Part, if made a part of this policy, Coverage Part by mailing or delivering to the by mailing or delivering to the first Named In- first Named Insured and the first Named In- sured and the first Named Insured's agent or sured's agent or broker written notice of can- broker written notice of cancellation at least cellation, including the actual reason for can. five days before the effective date of cancella- cellation, to the last mailing address known to tion for any structure where two or more of us: the following conditions exist: a. At least 10 days before the effective date a. Without reasonable explanation, the of cancellation if we cancel for nonpay- structure is unoccupied for more than 60 ment of premium; or IL TO 05 0610 02010 The Travelers compwny,Inc Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. b. At least 10 days before the effective date shop, service station or public parking of cancellation for any other reason if the place operations hazards; and policy is in effect less than 30 days; or (4) The first Named Insured cancels, c. At least 20 days before the effective date the refund will be not less than 90% of of cancellation for other than nonpayment any unearned portion not exceeding If the policy is in effect 30 days or more; $100, plus; 95% of any unearned portion or over $100 but not exceeding $500, and d. At least 20 days before the effective date not less than 97% of any unearned por- of cancellation if the policy is in effect for lion in excess of$500. 60 days or more or is a renewal or con- The cancellation will be effective, even if tinuation policy, and the reason for can- we have not made or offered a refund. cellation is that your driver's license or that of any driver who customarily uses a S. If notice is mailed, proof of mailing will be suf- covered "auto" has been suspended or ficient proof of notice. revoked during policy period B. CHANGES b. We will also mall or deliver to any mortgage This policy contains all the agreements between holder, pledgee or other person shown in this you and us concerning the insurance afforded. policy to have an interest in any loss which The first Named Insured shown in the Declara- may occur under this policy, at their last mail- tions is authorized to make changes In the terms ing address known to us, written notice of of this policy with our consent. This policy's terms cancellation, prior to the effective date of can- can be amended or waived only by endorsement cellation. If cancellation is for reasons other Issued by us and made a part of this policy. than those contained in paragraph A.3. C. EXAMINATION OF YOUR BOOKS AND RE- above, this notice will be the same as that CORDS mailed or delivered to the first Named In- sured. If cancellation Is for a reason con- We may examine and audit your books and re- tained in paragraph A.3. above, we will mail cords as they relate to this policy at any time Jur- or deliver this notice at least 20 days prior to ing the policy period and up to three years after- the effective date of cancellation ward. 6. Notice of cancellation will state the effective D. INSPECTION AND SURVEYS date of cancellation. If the policy is cancelled, 1. We have the right to- that date will become the end of the policy pe- a. Make inspections and surveys at any riod If a Coverage Part is cancelled, that date will become the end of the policy period as time; respects that Coverage Part only. b. Give you reports on tite conditions we T. If this policy is cancelled, we will send the first find;and Named Insured any premium refund due. If c. Recommend changes. we cancel, the refund will be pro rata. If the 2. We are not obligated to make any Inspect first Named Insured cancels, the refund will tions, surveys, reports or recommendations, be at least 90% of the pro rate refund unless and any such actions we do undertake relate the following applies: only to Insurability and the premiums to be a. For Division Two - Equipment Break- charged. We do not make safety inspections. down, if the first Named Insured cancels, We do not undertake to perform the duty of the refund will be at least 75% of the pro any person or organization to provide for the rata refund. health or safety of workers or the public. And b. If: we do not warrant that conditions: 0) If you are an individual; a. Are safe or healthful; or (2) A covered auto you own is of the "prt- b. Comply with laws, regulations, codes or vate passenger type"; standards (3) The policy does not cover garage, 3. Paragraphs 1. and 2. of this condition apply automobile sales agency, repair not only to us, but also to any rating, advisory, rate service or similar organization which Page 2 of 4 02010 TM Travelers Company,Inc. IL TO 05 0610 Includes copyrighted material of Insurance Services Office,Inc.with its permission. makes insurance inspections, surveys, re- b. Anniversary date of this policy ff this pol- ports or recommendations. icy has been written for a term of more 4. Paragraph 2. of this condition does not apply than one year. to any inspections, surveys, reports or rec- Otherwise we will renew this policy unless: ommendations we may make relative to certi- a. The first Named Insured fails to pay the fication, under state or municipal statutes, or- renewal premium after we have ex- dinances or regulations, of boilers, pressure pressed our willingness to renew, includ- vessels or elevators. ing a statement of the renewal premium, E. PREMIUMS to the first Named Insured and the first 1. The first Named Insured shown In the Decla- Named Insured's Insurance agent or bro- rations. ker at least 20 days before the expiration a. Is responsible for the payment of all pre- date; miums; and b. Other coverage acceptable to the insured has been procured prior to the expiration b. Will be the payee for any return premiums date of the policy;or we pay 2. We compute all premiums for this policy in c The policy clearly states that it is not re- p P P Y newabie and is for a specific line, sub- accordance with our rules, rates, rating plans, classification, or type of coverage that Is a premiums and minimum premiums. The pre- not offered on a renewable basis mium shown in the Declarations was com- puted based on rates and rules in effect at the 2. If: time the policy was issued. On each renewal, a. You are an individual; continuation or anniversary of the effective b. A covered auto you own Is of the 'private date of this policy, we will compute the pre- mium in accordance with our rates and rules passenger type'; and then in effect c. The policy does not cover garage, auto- mobile sales agency, repair shop, service F. TRANSFER ER POLICY station or public parking place operations hazards, Your rights and duties under this policy may not the following applies to nonrenewal of the be transferred without our written consent except Commercial Auto Coverage Part in place of In the case of death of an individual Named In- sured. If you die, your rights and duties will be a. We may elect not to renew or continue transferred to your legal representative but only while acting within the scope of duties as your le- this policy by mailing or delivering to you gal representative. Until your legal representative and your agent or broker written notice at Is appointed, anyone having proper temporary least 20 days before the end of the policy custody of your property will have your rights and period, including the actual reason for duties but only with respect to that property, nonrenewal. If the policy period is more G. NONRENEWAL than one year, we will have the right not to renew or continue it only at an anniver- 1. We may elect not to renew this policy by mail- sary of its original effective date If we of- ing or delivering written notice of nonrenewal, fer to renew or continue and you do not stating the reasons for nonrenewal, to the first accept, this policy will terminate at the Named Insured and the first Named Insured's end of the current policy period. Failure to agent or broker, at their last mailing ad- pay the required renewal or continuation dresses known to us.We will also mail to any premium when due shall mean that you mortgage holder, pledgee, or other person have not accepted our offer. shown in this policy to have an interest in any b. We will not refuse to renew Liability Cov- loss which may occur under this policy, at erage or Collision Coverage solely be- their last mailing address known to us, written cause an "insured" has submitted claims notice of ndnrenewal. We will mail or deliver under Comprehensive Coverage or Tow- these notices at least 45 days before the: ing and Labor Coverage. a. Expiration of the policy;or c. If we fail to mail or deliver proper notice of nonrenewal and you obtain other insur- IL TO 05 0610 0 2010 The Trovelers Company,Inc. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. � F ante, this policy will end on the effective On the Common Policy Declarations, the term date of that Insurance. Equipment Breakdown is understood to mean H. EQUIPMENT BREAKDOWN EQUIVALENT TO and include Boiler and Machinery and the term BOILER AND MACHINERY Boller and Machinery is understood to mean and include Equipment Breakdown. This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements fisted in that declarations form. In return for payment of ft premium, we agree with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company indicated as insuring company in the Common Policy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below (each a stock company) has executed this policy, and the policy is counter- signed by the officers listed below: The Travelers Indemnity Company(IND) The Phoenix Insurance Company (PHX) The Charter Oak Fire Insurance Company (COF) Travelers Property Casualty Company of America(TIL) The Travelers Indemnity Company of Connecticut(TCT) The Travelers Indemnity Company of America(TIA) Travelers Casualty Insurance Company of America (ACJ) Secretary President Page 4 of 4 0 tot o The Travelers Company,hra IL TO OS 0610 Includes copyrighted material of Insurance Services Office,Ina with its permission (MWDDNYY ,4�d CERTIFICATE OF LIABILITY INSURANCE DAT12/13/20113/2011� 1 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 NAME CONTACT Genny Hutsell, CISR James G Parker Insurance Associates PHONE (559)241-8903 FAIC No (559)241-7903 License #0554959 AnDRESSghutsell@7gparker com 1753 E Fir Ave PRODUCER 00059407 Fresno CA 93720 INSURERS AFFORDING COVERAGE NAIC Is INSURED INSURERAWELUSaU Underwriters Ins Co 26042 INSURER B Grundfos CBS Ino INSURERC DBA: Paco Pumps INSURERD 902 Koomey Rd INSURER Brookshire TX 77423 INSURER COVERAGES CERTIFICATE NUMBER 11-12 WC Cert 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 rypE OF INSURANCE TOOLSUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDDJYYYY lY MMIDDYYY GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE ( R NTED PREMISESS Ea occurrence) $ CLAIMS-MADE F1 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ POLICY F PROS LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE 5 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION MCCZ91440970011 /20/2011 3/20/2012 X WC STATU- I DTH- AND EMPLOYERS'LIABILITY YIN EEL ANY PROPRIETOR/PARTNEWEXECUTIVE EL EACH ACCIDENT OFRCERIMEMBER EXCLUDED? ❑ NIA $ 1,000,000 (Mandatory in NH) EL DISEASE-EA EMPLOYEd$ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT 1$ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION 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 220 Fourth Ave SO.98032 Kent, WA AUTHORIZED REPRESENTATIVE James Parker III/GDB �—w� v ® �_ ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD