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HomeMy WebLinkAboutPW12-080 - Original - UPM - Pump Bearing Inspections 2012 - 01/20/2012 Records M agerne-hfmi KENO Document W AlNINOTON 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: UPM Vendor Number: 34956 ID Edwards Number Contract Number: P(,) 19--bga This is assigned by City Clerk's Office Project Name: Pump Bearing Inspections 2012 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 1/20/2012 Termination Date: 12/31/2012 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment 1 Contract Manager: Tom Iverson Department: Public Works Operations Detail: (i.e. address, location, parcel number, tax id, etc.): Bi-Annual inspections of 7 Storm and 8 Sewer pump bearings during 2012 S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT W.s HI. T I GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE between the City of Kent and UPM THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and UPM organized under the laws of the State of Washington, located and doing business at 14500 260th SE,Issaquah, Washington 98027; phone: 425-392-2975 (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: Contractor will inspect pump bearings for noise twice during 2012--the first visit will consist of infrared and ultrasound testing; the second visit will be ultrasound testing only. Testing of the pump bearings will take place at the following lift stations: Sewer: Storm: 1) Lindental 1) Union Pacific 2) Horseshoe Sanitary 2) 81st Avenue 3) Kentview 3) 3r`t Avenue 4) Skyline 4) Washington Avenue 5) Victoria Ridge 5) Lagoons 6) Linda Heights 6) James Street 7) Frager Road 7) 84t' Ave 8) Mill Creek Contractor will also use an infrared device to test wiring and connection points for excessive heat. This inspection is done semi-annually and this contract covers both inspections in 2012. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2012. GOODS&SERVICES AGREEMENT FOR ORDINARY MAINTENANCE- 1 (Under$10,000 00, including WSST) III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Seven Hundred Dollars ($700.00), 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: Contractor will be paid for the services described herein within thirty (30) days of receipt of an 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. THE MAKING 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 and that 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. 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. GOODS&SERVICES AGREEMENT FOR ORDINARY MAINTENANCE-2 (Under$10,000 00, including WSST) 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 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 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. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items I 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. GOODS&SERVICES AGREEMENT FOR ORDINARY MAINTENANCE-3 (Under $10,000 00, including WSST) 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 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. XL 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 GOODS&SERVICES AGREEMENT FOR ORDINARY MAINTENANCE-4 (Under•$10,000 00, including WSST) all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW. SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement. 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 A 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 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, 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. GOODS& SERVICES AGREEMENT FOR ORDINARY MAINTENANCE-5 (Under$10,000 00, including WSST) I E Assig_nment. 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. Y IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print ame: Print Name: David A. Brock Its: Its: Public Works Operations Manager (Title) (Title) DATE: l"!j "A!91oZ DATE: 2 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Stuart Gribble Tom Iverson,Utilities Supervisor UMP City of Kent 14500 2601h SE 220 Fourth Avenue South Issaquah, WA 98027 Kent, WA 98032 (425) 392-2975 (telephone) (253) 856-5600 (telephone) (facsimile) (253) 856-6600 (facsimile) P Operations\PWOpsContracts\Utdities�UPMContract201llnspechonPumpBearmgsFourteen LiftStations GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE-6 (Under$10,000 00, including WSST) 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- 1 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_ By: For- G !U fe'e5?5 Title: -- Date: EEO COMPLIANCE DOCUMENTS-2 N-18-2012 00:03 FROM:FARMERS INSURANCE 2064025859 T0:12538566600 P.1 Commercial Certificate of Insurance, F ARM E R S• Agency . Isabelle B Oehsner Agency Inc j 1 Nanto . 3217 W Smith St Ste2 Issue Date (MM/DDNY) 01/12/12 & a Scathe.WA 98199 Addren m This certicate 13 issued as a matter of information only and confer;no rights it I upon the certificate holder This certificate does not amend,extend or alter the f I coverage afforded by the policies shown below st 79 Dist 47 Agent 354 l Companies Providing Coverts . Insured I Company A Truck Insurance Exchirige Stuart Gribble lane( Name - dbc- Ultrasonic ProdictublcMi. i,i llor B harmers insurance Exchange R - 14$00 260ih Ave SE GIngianv C Mid-Century Insurance Company Address • IcsailI WA 9R027 Irnf D company Ih I,rllrr Coverages Tlds Is to certify that the policies of insurance listed below have,been lssa► [l to the insured named above for the policy luaiod Indlraited.Notwithstanding any requirement,term or condition of any con react or other ducumenlI,Jloth respect to which this certificate may be issued or may pertain,the insurance afforded by the,pokles described herein is subject to all the terms,excl ns and conditions of such policies.limits shown may have been reduced by paid Claims _ i,' C0' a of Insurance Poll Number Po f?fiecrive Policy F.xplradon Policy Limits Ltr P Dar IMmlimir Y) Daie(saeimnnv) Y B General liability ''� General Aggregate $300,000 K Commercial General Products-Canip/OPS 60045 13 27 3/09112 03/09/13 Aggregate $ 100,000 L Personal& -Occurmnce Version Advertising Injury $ 300,000 Contractual-Incidental �; Each Occurrence $ 300.000 Only Fire Damage Sj (Any one fin) $ 50,000 Owners&Contractors Prot I Medical hxpense (Any one person) $5,000 Automobile Liability Combined Single All Owned Commercial -I Limit $ t Autos li Bodily In]ury Schedulyd Autos I ) (PerperuN = Hired Autos I i I Bodily Injury $ Non-Owned Aunts (Per accident) Garage wbaity ,I Property Damage Garage Aggregate $ Umbrella Liability -- limit $ Workers' Compensation M Y statutory Each Accident S and Disease-Esrh Eaij oe $ Employers' Liability Disease-Policy 1-iirut S Description of Operaria»sNehieies/Restrictions/SpeeW Items, li Certificate Holder Incellation . City of Rent ould any of the above dewribed policies be cancelled brfnre the expiration date. Name . 220 4th Ave S crcnr,the,Issuing company will endeavor to[nail 30 days wriltcn notice to Ilia & • Kent,WA 98032 rtillcata holder named to the left,but failure to mail such notice dull impost no Address Aim.Kristin Lykken ligation or liability of any kind upon the cnmpany,irs agents nr reprekenrarives. uthorized Repnuattarive Gc-2ea7 .-aa Copy Distribution:Service ,inter Copy and Agent's Copy r� �I JAN-18-2012 00:03 FROM:FARMERS INSURANCE 20641025859 TO:12538566600 P.2 i' k POLICY NUMBER: 600451327 COMMERCIAL GENERAL LIABILITY CO 20 10 10 01 THIS ENDORSEMENT CHAGES THE P LICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS SCH, :DULED PERSON OR ORQrAN#ZATION 1-{ This endorsement modifies insurance provided I rider the following, �I COMMERCIAL GENE1tAL LIA1311TY COVERAGE PART BCT ULV Name of Person or Organization- l City Of Kent � I (If no entry appears above, information required to plete this endorsement will be shown m the Declaratinns as applicah)e In this endnrsement) F �,, A. Section I1 Who is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to li+i such work on the project (other than ability arising out of your ongoing operations per-'I service, maintenance or repairs) to be formed for that insured, a� pet-formed by or on behalf of the addi- tional insureds) at the site of the cov- B, With respect to the insurance afforded to these ered operations has be completed, or additional insureds, the following exclusion is added: If! (2) That portion of"your work" out of which F the injury or damage arises has been put 2- Exclusions to its intended use by any person of or- This insurance does not apply to*bodily injuryl.l ganization other than another contractor Or'property damage"occurring after: or subcontractor engaged in performing p' operations for a principal as a part of the ;i same project.. I� Ii I I I� s lil I ( { I � h i CG 20 10 10 01 Copyright,Insurance 89ivloes Offices, Inc„20M Page 1 of 1 FI VI tlI� Exhibit A 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. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a$1,000,000 products-completed operations aggregate limit. P Operations\PWOpsContracts\ExhibitAInsuranceRequuementsUPM2005Bearmglnspectwn8PumpstationLocabons EXHIBIT A (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 (M) days prior written notice by certified mail, return receipt requested,has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor P Operations\PWOpsContracts\ExhibitAInsuranceRequirementsUPM2005Bearmglnspection8PumpStationLocations