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HomeMy WebLinkAboutPW12-167 - Original - H.D. Fowler Company - 239th Water Main Replacement - 08/15/2012 Records MaAIa- g" -ernentpr;�, KENT Wag„ NG7ON Document s 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: H.D. Fowler Company Vendor Number: ID Edwards Number Contract Number: 1J is - I � 7 This is assigned by City Clerk's Office Project Name: 239th Water Main Replacement Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signatureTermination Date: 90 days Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Steve Craigue Department: PW Operations Detail: (i.e. address, location, parcel number, tax id, etc.): Supply the City's Water Department with materials for the project. _— _ __ 5 Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 . f KENT NA I..N QTON GOODS & SERVICES AGREEMENT between the City of Kent and H.D. Fowler Company THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and H.D. Fowler Company organized under the laws of the State of Washington, located and doing business at 13440 SE 301h St., Bellevue, WA 98005, Phone: (206) 255-4314/Fax: (425) 746-0391, Contact: Ryan Huff (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 the supply the City's Water Department with materials for the S. 2391h St. Water Main Replacement Project. For a list of materials, see the Vendor's July 10, 2012 bid 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 within 90 days. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Six Thousand, Four Hundred Sixteen Dollars and twelve cents ($26,416.12), 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 (Over$10,000,00, including WSST) S After receipt of all materials listed in Exhibit A and receipt 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. 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. ; i 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. GOODS & SERVICES AGREEMENT - 2 (Over $10,000.00, Including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. 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 GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information; 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable 'adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiter. 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 GOODS & SERVICES AGREEMENT - 4 (Over$10,000,00, includng WSST) correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 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. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this 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 (Over$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 OF KENT: By: 4W4 By- (signature) (signature) Print Name: (gya.� v�� Prin a uzette Cooke Its .t►c%aa S,a l.�s Its a or (title) DATE: 81 ea .117, DA r NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Ryan Huff Timothy J. LaPorte, P.E. H.D. Fowler Company City of Kent 13440 SE 301h St. 220 Fourth Avenue South Bellevue, WA 98005 Kent, WA 98032 (206) 255-4314 (telephone) (253) 856-5500 (telephone) (425) 746-0391 (facsimile) (253) 856-6500 (facsimile) APPROVED A TO OR 1 Kent Law Department HD Fowler-239�WM ReOVCrapue GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, Including WSST) th I 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 Co day of y6nv3 , 20 %*7,. By: For: 14 Id Title: MVj14PA l.. Sys I.-s Date: Avin . Co , 20 t"Y EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of H.D. Fower Company Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as S. 239t" St. Water Main Replacement that was entered into on the August 1 ., 2Il12, 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 3 day of l + r 201 Z--. By: -� For: . 1owtt � Title: Date: rt2- EEO COMPLIANCE DOCUMENTS - 1 01 „-...�r_,< ,_ r, - loft 11 T ,, .�.I -A H.D. FOWLER COMPANY Customer: BIDDING CONTRACTORS Bid No: B201503 Estimator: MICHAEL OWENS - Qya�n Bid Date: 7/10/2012 Job Name: 239TH WATERMAIN REPLACEMENT Location: KENT Line City UoM Description Unit Price Extended Price 1 473.2 FT 8"CL 52 DI PIPE TJ,C151/A2151,C104,C/L,18,25'NOM.LGTH,SBR GASKET 20.53 9,714.80 (28,9 LBS/FT) i 270.82 2 18.2 FT 6"CL 52 DI PIPE T1,C151/A21,51,C104,C/L,18 25'NOM,LGTH,SBR GASKET 14.88 (20.6 L55/FT) 3 1 EA 8"DUCTILE IRON MJ X FUG GATE VALVE AWWA C515 RESILIENT SEAT,LESS 757,63 757.63 ACCESORIES(180 LBS) 4 2 EA 10"DUCTILE IRON MJ X FL GATE VALVE AWWA C515 RESILIENT SEAT,LESS 1,204.14 2,408.28 MJ ACCESSORIES(316 LBS) 5 2 EA 6"DUCTILE I RON MJ X FUG GATE VALVE AWWA C515 RESILIENT SEAT,LESS 484.85 969.70 ACCESORIES(111LBS) 6 1 EA 2 COMBINATION AIR VALVE AIR RELEASE&AIR VACUUM VALMATIC 473.73 473.73 ##202 C.2,SS TRIM 7 1 EA 2"S E GATE VALVE AWWA C509 RESILIENT SEAT NRS THREADED END 231.87 231.87 CONNECTIONS 8 1 EA 5-1/4"M&H 929 FIRE HYDRANT 6"MJ BASE,5'6"BURY LESS MJ ACCESS(568 1,816,24 1,816.24 LBS) 9 1 EA 45"NST PUMPER NOZZLE PART#f 23 M&H 929&129 Included 10 1 EA 6"X 5'0"DIP SPOOL,FLX PE,CEMENT LINED,ASPHALTIC COATING OUTSIDE 190.40 190.40 11 2 EA 10"MJ SLEEVE LNG PATTERN DI,AWWA C153 LESS ACCESSORIES(68 LBS) 99.17 198,34 12 1 EA 8"MJ SLEEVE LONG PATTERN DI,AWWA C153 LESS ACCESSORIES(53 LBS) 82.73 82.73 13 1 EA 10"X B"FL TEE DI,AWWA C110,C/L 1254 LBS) 324.12 324.12 14 1 EA 8"MJ X 6"FL TEE D,AWWA C153,C/L,LESS ACCESS(96 LBS) 113.41 11341 15 1 EA 6"FL TEE DI,AWWA C110,C,/L(112 L135) 148.35 148.35 16 1 EA 6"MJ X FL TEE DI,AWWA C153,C/L,LESS ACCESS(68 LBS) 93 69 93 69 17 1 EA 6"MJ X FL ADAPTER DI,AWWA C153,C/L LESS ACC(36 LBS) 44,93 44.93 18 1 EA 6"X 2"TAPT BLIND FLG,DI,AWWA C110,11ORMALLY BARE FINISH(28 LBS) 59.34 59.34 19 2 EA 8"X 2"TAPT BLIND FLG,DI,AWWA C110,NORMALLY BARE FISISH(43 LBS) 90.13 180.26 20 6 EA 18"VALVE BOX TOP,940B 27.99 167.94 21 6 EA 24"VALVE BOX BASE 2435 146.10 22 6 EA WATER LID FOR 940 VALVE BOX,DEEP SKIRT 10.38 62.28 23 1 EA CAST IRON METER BOX WITH LID OFCO SM30 11-3/4"X 23-3/4"X 16"(for 1- 42723 427.23 1/2"and 2" meters) 24 12 EA 12 X 12 X 4 CONCRETE HYDRANT BLOCK 6.67 80.04 25 1 EA 21/2"MNST X 2"MIPT BRASS HOSE ADAPTER 27.27 27.27 26 1 EA 2-1/2"BRASS=NST HOSE CAP WITH CHAIN 16.48 16.48 27 3 EA 10"BLACK BOLT&NUT KIT 12 PER 7/8"X 3 3/4"A 307,GRADE A,IMPORT 19.07 57.21 28 3 EA 8"BLACK BOLT&NUT KIT 8 PER 3/4"X 3 1/2",A 307,GRADE A,IMPORT 8.13 24.39 Bid No:B201503 Page 2 of 2 i Line Qty UoM Description Unit Price Extended Price 29 3 EA 6"BLACK BOLT&NUT KIT 8 PER 3/4"X 31/4",A 307,GRADE A,IMPORT goo 2400 30 3 EA 10"1/8"RING GASKET RED RUBBER,150# 2.27 6.81 31 3 EA 8"1/8"RING GASKET RED RUBBER,150# 181 5,43 32 3 EA 6"1/8"RING GASKET RED RUBBER,1500 128 384 33 6 EA 10"WEDGE ACTION MJ RETAINER GLAND FOR DIP 45.02 270.12 34 5 EA 8"WEDGE ACTION MJ RETAINER GLAND FOR DIP 30.47 152.35 35 6 EA 6"WEDGE ACTION MJ RETAINER GLAND FOR DIP 2006 120.36 36 6 EA 10"GASKET AND T-BOLT KIT FOR C153 MJ FITTINGS 16.72 100.32 37 5 EA B"GASKETAND T-BOLT KIT FOR C153 MJ FITTINGS 12.74 63 70 38 6 EA 5"GASKET ANDT-BOLT SET FOR C153 MJ FITTINGS 11,71 70.26 39 15 EA 9.80 X 1"IP SADDLE ROMAC 202 BODY ONLY 18.96 284.40 40 30 EA 9 80"ROMAC U-BOLT WITH NUTS AND WASHERS,ZINC PLATED 11.95 358.50 41 15 EA FORD F500-41"IP X IP CORP STOP 2680 402.00 42 15 EA FORD C16-441"FIP X IRS PJ ADAPTER 15.82 237.30 43 15 EA FORD C86-34 3/4"MIP X 1"IPS PJ ADAPTER 2059 308.85 44 15 EA 5/8"X 3/4"FORD VH72-15W-11-33 METER SETTER,KEY VALVE INLET,15" 90.89 1,363,35 HIGH,CHECK VALVE OUTLET,DP IN&OUT 45 30 EA 1"IRS STIFFENER FORD#72,ALSO CAN BE USED AS 1-1/4"FORD CTS 151 45.30 STIFFNER#53 46 300 FT 1"SIDR 7 200 PSI POLY PIPE,PE 3408,ASTM 1)2239,IRS SIZE.300FT.COIL 0.47 141,00 47 100 FT 1"SIDR 7 200 PSI POLY PIPE,PE3408,ASTM D2239,IRS SIZE.100FT,COIL 0.47 4700 48 15 EA 13 X 20 METER BOX BASE ONLY 12"DEEP BLACK 1220 CARSON PLASTIC 3200 480.00 49 15 EA BLACK WATER LID FOR 1320 BOX WITH READER CARSON PLASTIC 14.29 214.35 50 2 EA 2"90 ELL,BRASS DOMESTIC 3077 61.54 51 1 EA 2"BRASS BLOWOFF STRAINER 4496 44.96 52 1 EA 2"FORD FB500-7IF X IP BALL CORP STOP 125.85 125.85 53 1 EA 2"X 6"NIPPLE,BRASS,5CH 40 19.11 19.11 54 1 RL 14 GA BLUE WIRE 500'ROLL 35.23 35.23 55 1 EA 2"GALV PLUG,IMPORT 3.36 3.36 56 1 EA 2"GALV TEE,SCH 40,IMPORT 879 8.79 57 3 EA 2"X 6"GALV NIPPLE,STD WT,A53 ERW 3.95 11.85 58 1 EA 2"X CLOSE GAILV NIPPLE,STD WT,A53 ERW 1.65 165 59 2 EA 2"GALV UNION,IMPORT 12.58 25.16 Approximate Total 24,124.31 2,291.81 Sales Tax 26,416.12 Total 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 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. ePP i 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. A�� ® CERTIFICATE OF LIABILITY INSURANCE DATE14/2l12 D os/14/cola 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 certificate holder In lieu of such endorsement(s). PRODUCER 1-253-627-7183 CONTACT NAME Arthur a. Gallagher Risk Management Services, Inc. PHONE FAx A C No P.O. Sox 2925 EMAIL DR 3 t=i_omth-wa@a]g.com Tacoma, WA 98401-2925 INSURERS AFFORDING COVERAGE NAICM INSURERA TRAVELERS PROP CAS CO OF AMER 25674 INSURED INSURER B E D Fowler Company Inc. INSURER C P O Box 160 INSURER Bellevue, WA 98009 INSURER INSURER F. COVERAGES CERTIFICATE NUMBER: 28688308 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 WSR TYPE OFINSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS POLICY NUMBER 0 A GENERAL LIABILITY X Y-630-8373X960-TIL-12 06/20/1 06/20/13 EACH OCCURRENCE $ 1,DOO,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $300,000 CLAIMS-MADE 21 OCCUR MED EXP(Any one person) $10,000 % WA Stop Gap PERSONAL&ADV INJURY $11000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000.000 JFCT % POLICY PRO. LOC $ A AUTOMOBILE LIABILITY Y-810-8373X960-TIL-12 COMBINED SINGLE LIMIT accident) 1,000,000 IANYAUTO BODILY INJURY(Per perecn) $ ALLOWNED SCHEDULED BODILY INJURY(Per ooddent) $AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGEAUTOS Per acoldent A X UMBRELLALIAB �N OCCUR CUP-8373X960-TIL-12 06/20/1 06/20/13 EACH OCCURRENCE $1,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $1,000,000 DED I I RETENTION$BTIL $ A WORKERS COMPENSATION Y-630-8373X960-TIL-12 06/20/1 06/20/13 WCSTATIL X OTH- AND EMPLOYERS'UABILITf ANY PROPRIETORIPARTNERIEXECUTIVE YIN EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMSER EXCLUDED? Y� NIA (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 Oyes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more apace la required) REs S. 239th St. Water Main Replacement The certificate holder is an additional insured as respects their interest in operations of the named insured per form COD 411 04/08 attached 30 days notice of cancellation except 10 days for non payment of premium CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Rent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. I 400 West COWS AUTHORIZED REPRESENTATIVE A Kent, WA 98032 �'r II8A l� 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 1lewis 28688309 i i COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ISSUE DATE. - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Addltlonal Insured Person(s)or Organization(s): City of Kent 400 W Gowe Kent, WA 98032 Project Groundwork, LLC/Coast S Harbor Engineering, Inc. — Joint Venture; Project Groundwork, LLC and Coast and Harbor Engineering, Inc. as separate entities; and Public Utilities District #2 Grant County 110 Main St, Suite #103 Edmonds, WA 98020 Re: S. 239th St. Water Main Replacement Section II—Who Is An Insured Is amended to Include as an additional insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability for"bodily Injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf A. In the performance of your ongoing operations,or S. in connection with your premises owned by or rented to you. CG D4 11 04 08 ®2008 The Travelers Companies,Inc Page 1 of 1 Includes the copyrighted material of Insurance Services Office,Inc with its permission COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section 11) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "wrtter contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but erations hazard". a) Only with respect to liability for"bodily injury", 3. The insurance provided to the additional insured "property damage"or"personal injury",and by this endorsemert is excess over any valid and b) If, and only to the extent that, the injury or collectible "other insurance", whether primary, damage is caused by acts or omissions of excess, contingent or on any other basis, that is you or your subcontractor in the performance available to the additional insured for a loss we of "your work" to which the "written contract cover under this endorsement However, if the of "your insurance"which applies The person or "written contract requiring insurance" specifically organization dons not qualify T e additional requires that this insurance apply on a primary insured with respect to the independent acts basis or a primary and non-contributory basis, or omissions of such person or organization, this insurance is primary to "other insurance" available to the additional insured which covers 2, The insurance provided to the additional insured that person or organization as a named insured by this endorsement is limited as follows for such loss, and we will not share with that a) In the event tnat the Limits of Insurance of "other insurance' But the insurance provided to this Coverage Part shown in the Declarations the additional insured by this endorsement still is exceed the limits of liability required by the excess over any valid and collectible "other in- "written contract requiring irsuiance", the in- surance", whether primary, excess, contingent or surance provided to the additional insured on any other basis, that is available to the addi- shall be limited to the limits of liability re- tional insured when that person or organization is guired by that "written contract requiring in- an additional insured under such "other insur- surance" This endorsement shall not in- ante" crease the limits of insurance described in 4. As a condition of coverage provided to the Section III—Limits Of Insurance additional insured by this endorsement b) The insurance provided to the additional in- a) The additional insured must give us written sured does not apply to"bodily injury", "prop- notice as soon as practicable of an "occur- erty damage" or"personal injury" arising out rence" or an offense which may result in a of the rendering of, or failure to render, any claim To the extent possible, such notice professional architectural, engineering or sur- should include veying services, including f. How, when and where the "occurrence" i. Tne preparing, approving, or failing to or offense took place, prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- if. The names and addresses of any injured ders or change orders, or the preparing, persons and witnesses,and approving, or failing to prepare or ap- M. The nature and location of any injury or prove,drawings and specifications,and damage arising out of the"occurrence"or IL Supervisory, inspection, architectural or offense engineering activities. CG D2 48 08 05 0 2005 The St Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY b) If a claim is made or"suit" is brought against ante provided to the additional insured by the additional insured, the additional insured this endorsement is primary to "other insur must anca" available to the additional insured 1. Immediately record the specifics of the which covets that person or organization as a claim or"suit"and the date received,and named insured as described in paragraph 3. above If. Notify us as soon as practicable 5. The following definition is added to SECTION V The additional insured must see to it that we _DEFINITIONS receive written notice of the claim or"suit" as soon as practicable. "Written contract requiring insurance" means that part of any written contract or agreement c) The additional insured must Immediately under which you are required to include a send us copies of all legal papers received in person or organization as an additional in- connection with the claim or"suit", cooperate sured on this Coverage Part, provided that with us in the investigation or settlement of the "bodily injury" and "property damage"oc- the claim or defense against the "suit", and curs and the"personal injury" is caused by an otherwise comply wit,)all policy conditions offense committed: d) The additional insured must tender the de- a. After the signing and execution of the fense and indemnity of any claim or"suit"to contract or agreement by you, any provider of"other insurance'which would cover the additional insured for a loss we b. While that part of the contract or cover under this endorsement However, this agreement is in effect, and condition does not affect whether the insur- c. Before the end of the policy period Page 2 of 2 0 2005 The St Paul Travelers Companies,Inc CG D2 48 013 D5 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INTERNATIONAL XTEND ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only Limitations and exclusions may apply to these coverages Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered A. Broadened Named Insured K. Bodily Injury to Co-Employees and Co- B. Blanket Additional Insured — Broad Form Volunteer Workers Vendors L. Aircraft Chartered with Crew C. Limited Worldwide Liability Coverage — In- M. Non-Owned Watercraft—Increased from 25 demnity Basis feet to 50 feet D. Damage To Premises Rented To You N. Increased Supplementary Payments Perils of fire, explosion, lightning, smoke, Cost of bail bonds increased to$2,500 water Loss of earnings increased to $500 per Limit increased to$300,000 day E. Blanket Waiver of Subrogation O. Medical Payments—Limit increased to F. Blanket Additional Insured —Owners, Manag- $10,000 per person ers or Lessors of Premises P. Knowledge and Notice of Occurrence or Of- G. Blanket Additional Insured — Lessors of fense Leased Equipment Q Unintentional Omission H. Incidental Medical Malpractice R. Reasonable Force—Bodily Injury or Property I. Personal Injury—Assumed by Contract Damage J. Amended Bodily Injury Definition S. Transportation Expenses For Repatriation or Relocation of Injured Or Sick Employees PROVISIONS a. Coverage under this provision is afforded A. BROADENED NAMED INSURED only until the 180th day after you acquire 1. The following is added to SECTION II—WHO or form the organization or the end of the IS AN INSURED policy period, whichever is earlier, unless reported in writing to us within 180 days. Any organization, other than a partnership or B. BLANKET ADDITIONAL INSURED — BROAD joint venture, over which you maintain owner- FORM VENDORS ship or majority interest on the effective date g is added to SECTION I ll e following a I — WHO IS of the policy qualifies as a Named Insured The However, coverage for any such organization AN INSURED will cease as of the date during the policy pe- Any person or organization that is a vendor and riod that you no longer maintain ownership of, that you have agreed in a written contract or or majority interest in, such organization agreement to include as an additional insured on 2 The following replaces Paragraph 4 a. of this Coverage Part is an insured, but only with re- SECTION II—WHO IS AN INSURED spect to liability for "bodily injury" or "property damage"that* CG 04 58 10 08 C 2008 The Travelers Companies,Inc Page 1 of 9 COMMERCIAL GENERAL LIABILITY a. Is caused by an"occurrence"that takes place client, part or container entering into, accom- after you have signed and executed that con- panying or containing such products, or tract or agreement, and b. Any vendor for which coverage as an addi- b. Arises out of "your products" which are dis- tional insured specifically is scheduled by en- tributed or sold in the regular course of such dorsement vendor's business C. LIMITED WORLDWIDE LIABILITY COVERAGE The insurance provided to such vendor is subject —INDEMNITY BASIS to the following provisions 1. The following replaces the definition of "cov- a The limits of insurance provided to such ven- erage territory"in the DEFINITIONS Section dor will be the limits which you agreed to pro- "Coverage territory"means, vide in the written contract or agreement, or the limits shown in the Declarations of this a. The United States of America (including Coverage Part, whichever are less its territories and possessions), Puerto b. The insurance provided to such vendor does Rico and Canada, not apply to b. International waters or airspace, but only 1 "Bodily injury" or " If ( ) y � ry' property damage" for which the vendor is obligated to pay (1) The "bodily injury" or "property dam- damages by reason of the assumption of age" is caused by an "occurrence" liability in a contract or agreement This that takes place, or exclusion does not apply to liability for (2) The "personal injury" or "advertising damages that the vendor would have in injury" is caused by an offense com- the absence of the contract or agreement, milted, (2) Any express warranty unauthorized by in the course of travel or transportation you, between any places included in Para- (3) Any physical or chemical change in "your graph a above, or products" made intentionally by such c All other parts of the world except the vendor, "prohibited area", but only if the injury or (4) Repackaging, unless unpacked solely for damage arises out of the purpose of inspection, demonstration, (1) Goods or products made, sold, han- testing, or the substitution of parts under dled or distributed by you, or services instructions from the manufacturer, and provided by you to your customers or then repackaged in the original container, clients, in the territory described in (5) Any failure to make such inspections, ad- Paragraph a.above, justments, tests or servicing as vendors (2) The activities of a person whose agree to perform or normally undertake to home is in the territory described in perform in the regular course of business, Paragraph a.above, but is away for a in connection with the distribution or sale short time on your business,or of"your products", (3) "Personal injury" or "advertising in- (6) Demonstration, installation, servicing or jury" offenses committed through the repair operations, except such operations Internet or similar electronic means of performed at such vendor's premises in communication, connection with the sale of "your prod- provided that the insured's responsibility to ucts", or pay damages is determined in a "suit" on the (7) "Your products" which, after distribution merits brought anywhere in the world except or sale by you, have been labeled or re- the "prohibited area", or in a settlement we labeled or used as a container, part or in- agree to gredient of any other thing or substance With respect to"occurrences"that take place, by or for such vendor or "personal injury" or "advertising injury" of- Coverage under this provision does not apply to fenses committed within the territory de- a. Any person or organization from whom you scribed in Paragraph c. above, the following have acquired "your products", or any ingre- conditions apply Page 2 of 9 0 2008 The Travelers Companies,Inc CG D4 58 10 08 COMMERCIAL GENERAL LIABILITY (1) This insurance is excess over any valid (4) We will pay expenses Incurred with and collectible other insurance available our consent for your defense of the to the insured, whether primary, excess, insured against any "suit" seeking contingent or on any other basis damages for"bodily Injury", "property (I!) This insurance is not a substitute for damage", "personal Injury" or "adver- "compulsory admitted insurance" in any using injury" to which this insurance country or jurisdiction included in Para- applies graph c above, regardless of whether (5) We may, at our discretion, participate this insurance would qualify as "compul- in defending the insured against, or in sory admitted insurance" in such country the settlement of, any claim or"suit" or jurisdiction or is accepted by the ap- 2 The following is added to the DEFINITIONS propriate authorities as proof of "compul- Section sory admitted insurance" You agree to maintain "compulsory ad- "Prohibited area" means any country or or mitted insurance"at the limits required by diction while any trade sanction, embargoo,, or similar regulation imposed by the United law Your failure to do so will not invali- date the coverage provided for such "oc- States t America applies t and prohibitsshe the currences" or offenses, but we will only transaction of business with or within such be liable to the same extent we would country orjurisdiction have been liable had you maintained D. DAMAGE TO PREMISES RENTED TO YOU "compulsory admitted insurance" 1. The following replaces the last paragraph of For purposes of this Paragraph (H), "com- Paragraph 2., Exclusions, of SECTION I — pulsory admitted insurance" means in- COVERAGES — COVERAGE A BODILY IN- surance that is JURY AND PROPERTY DAMAGE LIABIL- (1) Required to be in-force to satisfy the ITY legal requirements of a specific ccun- Exclusions c through n. do not apply to dam- try orjurisdiction, and age to premises while rented to you, or tem- (2) Issued by an insurance fund adminis- porarily occupied by you with permission of tered by such country or jurisdiction the owner, caused by or issued by an insurer licensed or a. Fire, permitted by law to do business in b. Explosion, such country orjunsdiction c. Lightning, (III) With respect to defending the insured d. Smoke resulting from such fire, explosion, against, or the investigation or settlement or lightning, or of, any claim or"suit" brought against the insured,the following will apply e. Water (1) The phrase "We will pay " in the A separate limit of insurance applies to such first sentence of Paragraph 1.a. of damage to premises as described in Para- SECTION I — COVERAGES — COV- graph 6.of Section ill—Limits Of Insurance ERAGE A BODILY INJURY AND This insurance does not apply to damage to PROPERTY DAMAGE LIABILITY premises while rented to you, or temporarily and Paragraph 1.a. of SECTION I — occupied by you with permission of the COVERAGES — COVERAGE B owner, caused by PERSONAL AND ADVERTISING a. Rupture, bursting, or operation of pres- INJURY LIABILITY is replaced by the phrase "We will indemnify the in- sured for b. Rupture or bursting due to expansion or (2} You must arrange to defend the in- swelling of the contents of any building or structure, caused by or resulting from wa- sured against, and investigate or set- ter, tle, any claim or"suit (3) Neither you nor any other involved c. Explosion steam boilers, steam pipes, steam engines, or steam turbines. insured will make any settlement without our consent CG D4 58 10 08 02808 The Travelers Companies,Inc Page 3 of 9 COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 6 of SEC- of SECTION IV— COMMERCIAL GENERAL LI- TION III—LIMITS OF INSURANCE ABILITY CONDITIONS Subject to 5 above, the Damage To Prem- We waive any right of recovery we may have ises Rented To You Limit Is the most we will against any person or organization because of pay under Coverage A for damages because payments we make for Injury or damage arising of "property damage" to any one premises out of premises owned or occupied by or rented while rented to you, or temporarily occupied or loaned to you ongoing operations performed by you with permission of the owner caused by you or on your behalf, done under a contract by fire, explosion; lightning, smoke resulting with that person or organization, "your work", or from such fire, explosion, or lightning, or wa- "your products" We waive this right where you ter The Damage To Premises Rented To have agreed to do so as part of a written contract, You Limit will apply to all damage proximately executed by you prior to loss caused by the same "occurrence", whether F. BLANKET ADDITIONAL INSURED —OWNERS, such damage results from fire, explosion, MANAGERS OR LESSORS OF PREMISES lightning, smoke resulting from such fire, ex- The following is added to SECTION II —WHO IS plosion, or lightning, water, or any combina- AN INSURED tion of any of these Any person or organization that is a premises The Damage To Premises Rented To You owner, manager or lessor and that you have Limit will be the higher of agreed in a written contract or agreement to a. $300,000, or name as an additional insured on this Coverage Part as an insured, but only with respect to liability b. The amount shown on the Declarations of for "bodily Injury", "property damage", "personal this Coverage Part for Damage To Prem- injury" or"advertising injury"that- ises Rented To You Limit 4. The following replaces Paragraph a. of the a. "bodily injury" or"property damage"caused 9 P 9ra P b by an "occurrence" that takes place, or "per- definition of'insured contract" in the DEFINI- sonal injury" or"advertising injury' caused by TIONS Section an offense that is committed, after you have a. A contract for a lease of premises How- signed and executed that contract or agree- ever, that portion of the contract for a ment; and lease of premises that indemnifies any b. Arises out of the ownership, maintenance or person or organization for damage to use of that part of any premises leased to premises while rented to you, or tempo- you ranly occupied by you with permission of The insurance provided to such premises owner, the owner, caused by manager or lessor is subject to the following pro- (1) Fire, visions (2) Explosion; a. The limits of insurance provided to such (3) Lightning, premises owner, manager or lessor will be the limits which you agreed to provide in the (4) Smoke resulting from such fare, ex- written contract or agreement, or the limits plosion, or lightning, or shown on the Declarations of this Coverage (5) Water Part,whichever are less is not an"insured contract" b. The insurance provided to such premises 5. The following replaces Paragraph 4 b.(1)(b) owner, manager or lessor does not apply to of SECTION IV— COMMERCIAL GENERAL (1) "Bodily injury" or "property damage" LIABILITY CONDITIONS: caused by an "occurrence" that takes Place, or "personal injury" or "advertising (b) That as insurance for premises rented to injury" caused u e offense that is you, or temporarily occupied by you with permission of the owner, matted, after you cease to be a tenannttn the in p that premises,or E. BLANKET WAIVER OF SUBROGATION (2) Structural alterations, new construction or The following as added to Paragraph 8 , Transfer demolition operations performed by or on Of Rights Of Recovery Against Others To Us, Page 4 of 9 0 2008 The Travelers Companies,Inc CG D4 58 10 08 COMMERCIAL GENERAL LIABILITY behalf of such premises owner, manager H. INCIDENTAL MEDICAL MALPRACTICE or lessor 1. The following is added to the definition of"oc- c. The insurance provided to such premises currence"In the DEFINITIONS Section owner, manager or lessor is excess over any Unless you are in the business or occupation valid and collectible other insurance available of providing professional health care services, to such premises owner, manager or lessor, "occurrence" also means an act or omission unless you have agreed in a written contract committed in providing or failing to provide for this insurance to apply on a primary or "incidental medical services"to a person contributory basis G. BLANKET ADDITIONAL INSURED —LESSORS 2. The following is added to the DEFINITIONS Section OF LEASED EQUIPMENT "Incidental medical services"means The following is added to SECTION II —WHO IS a. Medical, surgical, dental laboratory, x-ray AN INSURED, or nursing service or treatment, advice or Any person or organization that is an equipment instruction, or the related furnishing of lessor and that you have agreed in a written con- food or beverages, tract or agreement to include as an additional in- b. The furnishing or dispensing of drugs or sured on this Coverage Part is an insured, but medical, dental, or surgical supplies or only with respect to liability for "bodily injury", appliances, "property damage", "personal injury" or "advertis- ing injury"that c. First aid,or a. Is"bodily injury"or"property damage"caused d. "Good Samaritan services". by an "occurrence" that takes place, or "per- "Good Samaritan services" means any emer- sonal injury" or"advertising injury" caused by gency medical services for which no compen- an offense that is committed, after you have sation is demanded or received signed and executed that contract or agree- 3. The following is added to Paragraph 2.a.(1)of ment, and SECTION II—WHO IS AN INSURED b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or Unless you are in the business occupation of providing professional health care re services, use by you of equipment leased to you by such equipment lessor Paragraphs (1)(a), (b), (c) and (d) above do not apply to any "bodily injury" arising out of The insurance provided to such equipment lessor any providing or failing to provide "incidental is subject to the following provisions medical services" by any of your "employ- a. The limits of insurance provided to such ees", other than an employed doctor Any equipment lessor will be the limits which you such "employees" providing or failing to pro- agreed to provide in the written contract or vide "incidental medical services" during their agreement, or the limits shown on the Decla- work hours for you will be deemed to be act- rations of this Coverage Part, whichever are Ing within the scope of their employment by less you or performing duties related to the con- b. The insurance provided to such equipment duct of your business lessor does not apply to any "bodily injury"or 4. The following exclusion is added to Para- "property damage" caused by an "occur- graph 2., Exclusions, of SECTION I —COV- rence"that takes place, or"personal injury"or ERAGES —COVERAGE A BODILY INJURY "advertising injury" caused by an offense that AND PROPERTY DAMAGE LIABILITY, is committed, after the equipment lease ex- Sale Of Pharmaceuticals pires "Bodily injury" or "property damage" arising c. The insurance provided to such equipment out of the willful violation of a penal statute or lessor is excess over ary valid and collectible ordinance relating to the sale of pharmaceub- other insurance available to such equipment Gals committed by, or with the knowledge or lessor, unless you have agreed in a written consent of,the insured contract for this insurance to apply on a pri- 5. The following is added to Paragraph 5. of mary or contributory basis SECTION III—LIMITS OF INSURANCE CG D4 5810 08 0 2008 The Travelers Companies,Inc Page 5 of 9 COMMERCIAL GENERAL LIABILITY For the purposes of determining the applica- has also been assumed in the ble Each Occurrence Limit, all related acts or same"insured contract", and omissions committed in the providing or fad- (b) Such attorney fees and litigation ing to provide "incidental medical services" to expenses are for defense of that any one person will be considered one "oc- party against a civil or alternative currence" dispute resolution proceeding in 6. The following is added to Paragraph 4.b., Ex- which damages to which this in- cess Insurance, of SECTION IV — COM- surance applies are alleged MERCIAL GENERAL LIABILITY CONDI- 2. The following replaces the third sentence of TIONS Paragraph 2. of SUPPLEMENTARY PAY- This insurance is excess over any valid and MENTS—COVERAGES A AND B collectible other insurance, whether primary, Notwithstanding the provisions of Paragraph excess, contingent or on any other basis, that 2.b(2) of Section I— Coverage A— Bodily In- es available to any of your "employees" for Jury And Property Damage Liability or Para- "bodily injury" that arises out of providing or graph 2.e. of Section 1 — Coverage B — Per- fading to provide "incidental medical services" sonal and Advertising Injury Liability, such to any person to the extent not subject to payments will not be deemed to be damages Paragraph 2.a(1) of SECTION 11 — WHO IS because of "bodily injury" "property damage" AN INSURED. or "personal injury", and will not reduce the 1. PERSONAL INJURY — ASSUMED BY CON- limits of insurance TRACT 3. The following replaces Paragraph 2.d. of 1. The following replaces Exclusion a., Contrac- SUPPLEMENTARY PAYMENTS — COVER- tual Liability, in Paragraph 2 of SECTION I AGES A AND B. — COVERAGES — COVERAGE B PER- d. The allegations in the "suit" and the in- SONAL AND ADVERTISING INJURY LI- formation we know about the "occur- ABILITY rence"or offense are such that no conflict e. Contractual Liability appears to exist between the interests of "Personal injury"or"advertising injury"for the insured and the interests of the in- which the insured is obligated to pay demnitee. damages by reason of the assumption of 4. The following replaces the first subparagraph liability in a contract or agreement This of Paragraph f. of the definition of "insured exclusion does not apply to contract"in the DEFINITIONS Section (1) Liability for damages that the insured f. That part of any other contract or agree- would have in the absence of the ment pertaining to your business (includ- contract or agreement,or ing an indemnification of a municipality in connection with work performed for a (2) Liability for damages because of municipality) under which you assume the "personal injury" assumed in a con- tort liability of another party to pay for tract or agreement that is an "insured "bodily injury,""property damage"or"per- contract", provided that the 'personal sonal injury"to a third person or organiza- injury" is caused by an offense com- tion Tort liability means a liability that mitted subsequent to the execution of would be imposed by law in the absence the contract or agreement Solely for of any contract or agreement the purposes of liability assumed in J. EXTENSION OF COVERAGE — BODILY IN- an "insured contract", reasonable at- JURY tomeys fees and necessary litigation The following replaces the definition of"bodily in- expenses incurred by or for a party jury"in the DEFINITIONS Section. other than an insured will be deemed to be damages because of "personal "Bodily injury" means bodily injury, mental an- injury", provided that guish, mental injury, shock, fright, disability, hu- miliation,Liability to such party for, or for mdiation, sickness or disease sustained by a per- (a) cost of, that art y's defense son, including death resulting from any of these at any time Page 6 of 9 0 2008 The Travelers Companies,Inc CG D4 58 110 08 COMMERCIAL GENERAL LIABILITY K. BODILY INJURY TO CO-EMPLOYEES AND vehicle to which the Bodily Injury Liability CO-VOLUNTEER WORKERS Coverage applies We do not have to fur- The following is added to Paragraph 2.a.(1) of nish these bonds SECTION II—WHO IS AN INSURED 2. The following replaces Paragraph 1.d. of Paragraph (1)(a) above does not apply to "bodily SUPPLEMENTARY PAYMENTS — COVER- injury"to a co-"employee" in the course of the co- AGES A AND B of SECTION I — COVER- "employee's" employment by you or performing AGES: duties related to the conduct of your business, or d. All reasonable expenses incurred by the to"bodily injury"to your other"volunteer workers" insured at our request to assist us in the while performing duties related to the conduct of investigation or defense of the claim or your business "suit", including actual loss of earnings up L. AIRCRAFT CHARTERED WITH CREW to $500 a day because of time off from The followingis added to Exclusion work g., Aircraft,Auto Or Watercraft, in Paragraph 2 of SECTION O. MEDICAL PAYMENTS—INCREASED LIMITS I — COVERAGES — COVERAGE A BODILY IN. The following replaces Paragraph 7. of SECTION JURY AND PROPERTY DAMAGE LIABILITY III—LIMITS OF INSURANCE This exclusion does not apply to an aircraft that 7. Subject to 5. above, the Medical Expense Is Limit is the most we will pay under Coverage (a) Chartered with crew to any insured C for all medical expenses because of"bod- ily Injury" sustained by any one person, and ( ) Y Y will be the higher of (c) Not being used to carry any person or prop- (a) $10,000, or erty for a charge M. NON-OWNED WATERCRAFT (b) The amount shown on the Declarations of this Coverage Part for Medical Expense 1. The following replaces Paragraph (2) of Ex- Limit clusion g., Aircraft, Auto Or Watercraft, in P. KNOWLEDGE AND NOTICE OF OCCUR- Paragraph 2. of SECTION I — COVERAGES RENCE OR OFFENSE — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or (2) A watercraft you do not own that is Suit, of SECTION IV — COMMERCIAL GEN- (a) Fifty feet long or less, and ERAL LIABILITY CONDITIONS (b) Not being used to carry any person or e. The following provisions apply to Paragraph property for a charge a. above, but only for the purposes of the in- 2. The following is added to Paragraph 2. of surance provided under this Coverage Part to SECTION II—WHO IS AN INSURED you or any insured listed In Paragraph 1 or 2. of Section 11—Who Is An Insured Any person or organization that, with your ex- (1) Notice to us of such "occurrence" or of- press or implied consent, either uses or is re- sponsible for the use of a watercraft that you Tense must be given as soon as practi do not own that is ble only after the "occurrence" or offense Is known to you (If you are an individual), (1) Fifty feet long or less, and any of your partners or members who is (2) Not being used to carry any person or an individual (if you are a partnership or property for a charge joint venture), any of your managers who N. INCREASED SUPPLEMENTARY PAYMENTS is an individual you are a limited liability o company), any of your trustees who is an 1. The following replaces Paragraph 1 b. of individual (if you are a trust), any of your SUPPLEMENTARY PAYMENTS — COVER- "executive officers"or directors (if you are AGES A AND B of SECTION I — COVER- an organization other than a partnership, AGES joint venture, limited liability company or b. Up to $2,500 for cost of bail bonds re- trust) or any "employee" authorized by quired because of accidents or traffic law you to give notice of an "occurrence" or violations arising out of the use of any offense CG D4 58 10 08 C 2008 The Travelers Companies,Inc Page 7 of 9 COMMERCIAL GENERAL LIABILITY (2) If you are a partnership,joint venture, lim- relied upon in issuing this policy will not prejudice ited liability company or trust, and none of your rights under this insurance However, this your partners, joint venture members, provision does not affect our right to collect addi- managers or trustees are individuals, no- tional premium or to exercise our rights of cancel- tice to us of such "occurrence" or offense lation or nonrenewal in accordance with applica- must be given as soon as practicable only ble insurance laws or regulations after the"occurrence"or offense is known R. REASONABLE FORCE — BODILY INJURY OR by PROPERTY DAMAGE (a) Any individual who is The following replaces Exclusion a., Expected Or (1) A partner or member of any part- Intended Injury, in Paragraph 2. of SECTION I — nership or joint venture, COVERAGES — COVERAGE A BODILY IN- (!I) A manager of any limited liability JURY AND PROPERTY DAMAGE LIABILITY company, a. Expected or Intended Injury or Damage (in)A trustee of any trust, or "Bodily injury" or"property damage" expected (iv)An executive officer or director of or intended from the standpoint of the in- any other organization, sured This exclusion does not apply to "bod- ily injury" or"property damage" resulting from that is your partner, joint venture the use of reasonable force to protect any member, manager or trustee,or person or property (b) Any "employee" authorized by such S. TRANSPORTATION EXPENSES FOR REPA- partnership, joint venture, limited li- TRIATION OR RELOCATION OF INJURED OR ability company, trust or other organi- SICK EMPLOYEES zation to give notice of an "occur- rence"or offense 1. The following is added to SUPPLEMENTARY (3) Notice to us of such "occurrence" or of- PAYMENTS — COVERAGE A AND B of SECTION I —COVERAGES fense will be deemed to be given as soon We will reimburse you for the reasonable as practicable if it is given in good faith as soon as practicable to your workers' "transportation expenses"that you incur, over compensation insurer This applies only if and above "normal transportation costs", for you subsequently give notice to us of the the repatriation or relocation of any of your in- "occurrence" or offense as soon as prac- jured diseased, sick or deceased "employ- ticable after any of the persons described ees" But only if in Paragraphs e.(1) or (2) above discov- a. The injury, disease, sickness, or death ers that the "occurrence" or offense may occurred during the policy period and result in sums to which the insurance while such "employee" was employed or provided under this Coverage Part may assigned to work by you anywhere in the apply world other than However, if this policy includes an endorse- (1) The United States of America (includ- ment that provides limited coverage for "bod- ing its territories and possessions), dy injury" or "property damage" or pollution Puerto Rico and Canada, and costs arising out of a discharge, release or (2) Any country or jurisdiction in the escape of "pollutants" which contains a re- "prohibited area", quirement that the discharge, release or es- cape of "pollutants" must be reported to us b. The relocation or repatriation is neces- within a specific number of days after its sary in the opinion of competent medical abrupt commencement this Paragraph a authorities, and does not affect that requirement c. The relocation or repatriation is from the O. UNINTENTIONAL OMISSION country where the injury, disease, sick- ness, or death occurred to a destination The following is added to Paragraph 6., Repre- in another country sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS The most we will pay as reasonable "trans- portation expenses"for the repatriation or re- The unintentional omission of, or unintentional er- location of any one of your "employees" is ror in, any information provided by you which we Page 8 of 9 0 2008 The Travelers Companies,Inc CG D4 58 10 08 COMMERCIAL GENERAL LIABILITY $25,000. The most we will pay as reasonable 3. The following Is added to the DEFINITIONS "transportation expenses" for the repatriation section or relocation of all of your "employees" is "Normal transportation costs" rneans the $50,000 These payments will not reduce the costs of transporting your"employee" In good limits of insurance health, and in confonnance with your busi- 2. The following is added to Paragraph 4.b., Ex- ness travel policy, from the country of injury, cess Insurance, of SECTION IV — COM- disease, sickness, or death to the country of MERCIAL GENERAL LIABILITY CONDI- relocation or repatriation TIONS "Transportation expenses" includes the fol- This insurance is excess over any valid and lowing expenses collectible other insurance, whether primary, a. Costs of embalming to meet United excess, contingent or on any other basis, that States standards, and is available for the reasonable "transportation b. All reasonable expenses of transportation expenses" that you incur, over and above "normal transportation costs", for the repatna_ to return the remains of the deceased to tion or relocation of any of your injured, dis- eased, sick or deceased "employees" CG D4 58 10 08 0 2008 The Travelers Companies,Inc Page 9 of 9 • SET Nq SNINGT ON Agenda Item: Consent Calendar - 70 TO: City Council DATE: August 7, 2012 SUBJECT: 239t" Street Water Infrastructure Parts Replacement Agreement — Authorize MOTION: Authorize the Mayor to sign a goods & services agreement with H.D. Fowler Company for the purchase of miscellaneous water materials in an amount not to exceed $26,416.12 (including sales tax), subject to the final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Water Utility spends approximately $150,000.00 per year on miscellaneous parts and fittings to fix and replace infrastructure. The infrastructure (a water main pipe and related appurtenances) on South 2391h Place is in need of replacement. Written bids were obtained from three suppliers, and H.D. Fowler Company was the low bidder, the amounts listed below do not include sales tax. H.D. Fowler $24,124.31 HD Supply Waterworks $24,199.64 Ferguson Waterworks $26,563.60 EXHIBITS: H.D. Fowler Company, Goods & Services Agreement, exhibit A RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: There are no unbudgeted fiscal impacts. The Agreement will be paid through the Water Utility capital replacement fund. s, PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P E , Public Works Director Phone. 253-856-5500 KEN Fax 253 856 6500 Wps"1 °GT°" Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 17, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members Special PW Committee Meeting Date: July 23, 2012 From: Dave Brock P.E., Utilities Engineer Through: Tim LaPorte P.E., Public Works Director Subject: Goods & Services Agreement/HD Fowler - 239Th Street Water Infrastructure Parts Replacement Item - 3 Motion: Move to recommend Council authorize the Mayor to sign a Goods & Services Agreement with H.D. Fowler Company for the purchase of miscellaneous water materials in an amount not to exceed $26,416.12 (including sales tax), subject to the final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Water Utility spends approximately $150,000.00 per year on miscellaneous parts and fittings to fix and replace infrastructure. The infrastructure (a water main pipe and related appurtenances) on South 2391h Place is in need of replacement. Written bids were obtained from three suppliers, and H.D. Fowler Company was the low bidder, the amounts listed below do not include sales tax. H.D. Fowler $24,124.31 HD Supply Waterworks $24,199.64 Ferguson Waterworks $26,563.60 Budget Impact: There are no unbudgeted fiscal impacts. The Agreement will be paid through the Water Utility capital replacement fund. b , REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT"NNSHINGTGN This form mast he printed on cherry paper Routing information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Steve Craigue Phone (Originator) 5661 Date Sent �' 701 Date Required $(f�j 2a _ Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 90 days VENDOR NAME: H D Fowler Company DATE OF COUNCIL APPROVAL: 817112 Brief Explanation of Document The attached agreement is for H D Fowler to supply the City's Water Department with materials for the S 239th St Water Main Replacement Project For a summary, see the attached prepared by Dave Brock All Contracts Must Be Routed Through the Law Department 41-iay9rea to be Completed 8y the Law Department) Received Approval of Law DepID ` Law Dept Comments AUG 0 q Z0�t � � ; G1tY Of KeD� ,', e of the f✓�a}7or KENO` LAW DEPT � Date Forwarded to Mayor - I � Shaded Areas to Be Completed by Administration Staff Received- Recommendations & Comments Disposition- CITI 61fi1hQ�flRK Date Returned: tlif urn Iage5870_templatebase 2/07