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HomeMy WebLinkAboutPW12-217 - Original - H.D. Fowler Company - Scenic Hlll Stormwater Pipe Replacement - 09/26/2012 Records Man-agement KENT Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: H.D. Fowler Company Vendor Number: JD Edwards Number Contract Number: & a— 2- 1 '7 This is assigned by City Clerk's-Office Project Name: Scenic Hill Stormwater Pipe Replacement Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: 9.26—lc� 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 materials required to maintain and replace infrastructure for the project. _ _ S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 t , 000000** KENT VVAO HI N GT ON 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 30`h Street, 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 with materials for the Scenic Hill Stormwater Pipe Replacement Project. For a list of materials, see the Vendor's August 6, 2012 bid which is attached as Exhibit A and incorporated by this reference. 6" 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 ninety (90) days. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Five Thousand, Five Hundred Seventy Two Dollars and eighty six cents ($25,572.86), 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) 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. 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) 1 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,gtving 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) i 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: l: 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 W fi' er.. 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, including WSST) . f 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. e}e� 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. s 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$10,000.00, including WSST) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damage$ 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) ti 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: By: (signature) (signature) Print Name: vv. Pr t N Suzette Cooke Its_ c%Pp,L S'&L4 s It Mayor (title) DATE: //1 o / lZ DATE: 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 i City of Kent 13440 SE 30`h 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) APPRO LEDAS T FORM: u Kent Law Department HD Fowler-Scenic Hill Ma[enals/Cralpue GOODS & SERVICES AGREEMENT - 7 (Over $10,000.00, including WSST) 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 10 t- day of Cc.� - , 20 Z. By: t For: H• lb, t'vk/iLAft, �4 kAj" Title: rAyi3tciP4 t- S+ tw, s Date: Q 1 I O Z !2- EEO COMPLIANCE DOCUMENTS - 1 of 3 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. "I 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. Fowler Company Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Scenic Hill Stormwater Pipe Replacement that was entered into on the September 26, 2012, 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 Z- day of �Ln v A A!J , 201 3. By: lZy k^- 14 V For: i7• Fo W.tA f Title: MyAic.iJ?1^) ',;ales Date: t / z- / 2,u 17, I EEO COMPLIANCE DOCUMENTS - 1 I 1 EXHIBIT A i Bid No,B203712 Page i of 1 H.D. FOWLER COMPANY Customer: BIDDING CONTRACTORS Bid No: B203712 Estimator: RYAN HUFF old Date: 0/6/2012 Job Name: MAPLEWOOD AVE&ALEXANDER AVE STORM LINE Location; KENT, WA Line Qty UoM Description Unit Price Extended Price MAPLEWOOD AVE STORM LINE 1 511 FT 12"CL 50 DI PIPE TJ,C151/A 21 51,C104,C/L,18.25'NOM,LGTH,SBR GASKET 25,89 13,229,79 140.3 LB/FT)985 50 IS NOMINAL LENGTH FOR OUR PIPE,54 STICKS 2 6 EA TYPE 1 CONCRETE CATCH BASIN 120,56 723,36 3 6 EA 2D X 24 CB FRAME ONLY CI SM60 123.64 74184 4 6 EA 20"N 24"DI GRATE ONLY SM60 11091 665,46 5 12 EA 5/8"X 1-1/4"ALLEN HEAD 55 CAP SCREW `( 2 72 32,64 6 476 FT 12"PVC SEWER PIPE,GASKETED,ASTM D3034,14'LENGTH 735 3,49860 7 6 EA 12"PSM PVC MANHOLE COUPLING&GASKETFOR PVC SEWER PIPE 71.25 427,50 j Section Subtotal; 19,319,19 ALEXANDER AVE STORM LINE 8 128 FT 12"CL 50 DI PIPE TJ,C151/A 21 51,C104,C/L,18 2S'NOM,LGTH,SBR GASKET 2589 3,313.92 (403 LB/FT) 9 2 EA TYPE 1 CONCRETE CATCH BASIN 120,56 241.12 10 2 EA 20 X 24 CB FRAME ONLY CI SM60 12364 24728 11 4 EA 5/8"X 1-1/4"ALLEN HEAD SS CAP SCREW 2,72 10,88 12 2 EA 20"X 24"DI GRATE ONLY SM60 110,91 221,82 Section Subtotal: 4,035.02 Approximate Total 23,354.21 i 2,218 65 Tax $25,572.86 I( l I EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 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 r 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. 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. r. 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. ACOOR CERTIFICATE OF LIABILITY INSURANCE °09/26/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). 1-253-627-7183 CONTACT PRODUCER NAME Arthur J. Gallagher Risk Management Services, Inc. PHONE FA7C A/C No P.O. Box 2925 AOOANESS tomi smith-wa®aig.com Tacoma, WA 98401-2925 INSURERS AFFORDING COVERAGE NAIL INSURER TRAVELERS PROP CAS CO OF AMER 25674 INSURED INSURER B a D Fowler Company Inc. INSURER C P 0 Box 160 INSURER D. INSURER E' Bellevue, WA 98009 INSURER F COVERAGES CERTIFICATE NUMBER: 29251743 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR DDLTYPE OF INSURANCE INQP B POLICY NUMBER MM OVO-LID/YYY MM/LOD� LIMITS LTR A GENERALIJABIUTY X Y-630-8373X960-TIL-12 06/20/1 06/20/13 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence $300,000 CLAIMS MADE OCCUR MED EXP(Any one person) $10,000 X WA Stop Gap PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPUES PER PRODUCTS-COMP/OP AGG $2,000,000 X POLICY PRO LOC $ A AUTOMOBILE LIABILITY Y-810-8373X960-TIL-12 COMBINED SINGLE LIMB 1,000,000 Ea acodenl Ix ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED 1 BODILY INJURY(Per accident) $ REDSAUTOS X NON OAUTOSWNED Pe�eoaden DAMAGE $ AUTOS $ A X I UMBRELLA LIAR X OCCUR CUP-8373X960-TIL-12 06/20/1 06/20/13 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED RETENTION NILITATU $ A WORKERS COMPENSATION Y-630-8373X960-TIL-12 06/20/1 06/20/13 1 WRY LMLT- I X 2 AND EMPLOYERS'LIASILRY ANY PROPRIETORIPARTNER/EXECU I VE YIN NIA EL EACH ACCIDENT $ 11000,000 MI OFFICEREMBER EXCLUDED? Y (Mandatory in NH) EL DISEASE-EA EMPLOYEE $1,000,000 If YYes,describe under — DEBCRIPTIONOF OPERATIONS belmv EL DISEASE-POLICY LIMIT $ 1,000,ODO DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more apace Is required) RE: Maplewood Ave. & Alexander Ave. Storm Line The certificate holder is an additional insured an respects their interest in operations of the named insured per form CGD411 04/08 attached but only Be required by written contract. Coverage is primary and non-contributory per form CGD24 08/05 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 5821 South 240th Street AUTHORIZED REPRESENTATIVE A Rent, WA 98032 'USA `/4 /VVV� ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD jgreer 29251743 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 Additional Insured Person(s)or Organization(s): City of Kent 5821 South 240th Street Kent, WA 98032 RE: Maplewood Ave & Alexander Ave. Storm Line 306 Alexander Ave to 903 E Cherry Hill Rd or (Alexander Ave between Maclyn St and Cherry Hill Rd) 855 Maplewood Ave to 710 Maplewood Ave or (Maplewood Ave between Walnut St and Woodland Way) 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 B. In connection with your premises owned by or rented to you. CG D4 1104 08 02008 The Travelers Companies,Inc. Page 1 of t Includes the copyrighted material of Insurance Services Offlce,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 "written 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 endorsement 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 requiring insurance" applies The person or "written contract requiring insurance" specifically organization does not qualify as an 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 that 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- "writton contract requiring Insurance", the in- surance", whether primary, excess, contingent or surance provided to the additional insured on any other basis,that Is available to the adds- shall be limited to the limits of liability re- tonal insured when that person or organization is quired by that "written contract requiring in- an additional insured under such "other insur- surance". This endorsement shall not in- ance". 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. t. How, when and where the "occurrence° 1. The preparing, approving, or failing to or offense took place; prepare or approve, maps, shop draw- [I. The names and addresses of any injured ings, opinions, reports, surveys, field or- persons and witnesses;and ders or change orders, or the preparing, approving, or fading to prepare or ap- ill. The nature and location of any Injury or prove,drawings and specifications,and damage arising out of the"occurrence"or II. Supervisory, inspection, architectural or offense engineering activities CG D2 48 08 06 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 once provided to the additional Insured by the additioral Insured, the additional insured this endorsement is primary to "other insur- must ance" available to the additional insured i. Immediately record the specifics of the which covers that person or organization as a claim or"suit"and the date received, and named insured as described in paragraph 3. above. 9i. 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 with all policy conditions, of tons a 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 b. While that part of the contract or cover the additional insured for a loss we 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 08 05 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone, 253-856-5500 KENT Fax- 253-856-6500 WASHING UN Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 6, 2012, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: August 20, 2012 From: Dave Brock, P.E., Utilities Engineer Through: Chad Bieren, P.E., City Engineer Subject: Goods and Services Agreement/HD Fowler Company — Scenic Hill Stormwater Pipe Replacement Item - 2 Motion: Move to recommend Council authorize the Mayor to sign a Goods and Services Agreement with HD Fowler Company, in an amount not to exceed $23,354.21, plus sales tax, for drainage materials related to the Scenic Hill Stormwater Pipe Replacement Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The Drainage Utility spends approximately $135,000 per year on materials required to maintain and replace infrastructure. Some of the drainage systems on Scenic Hill are in excess of 50 years old and in need of replacement. In recent years, the system on Woodland Way north of East Walnut Street was replaced. The drainage systems on Maplewood Avenue South and Alexander Avenue also exhibit deficiencies whereby they are in need of replacement. Written bids were obtained from three suppliers, and H.D. Fowler Company was the low bidder. Budget Impact: ft' There are no unbudgeted fiscal impacts. 'l'h'e Agreement will be paid through the Drainage Utility capital replacement fund. REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENO W ASXINGTON This form mLest be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Steve Craigue Phone (Originator) 5661 Date Sent .9AI Date Required .9 ZeA. Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 90 days VENDOR NAME: H D Fowler Company DATE OF COUNCIL APPROVAL: 9/4/12 Brief Explanation of Document The attached agreement is for H D Fowler to supply materials required for the Scenic Hill Stormwater Pipe Replacement Project For a summary see the attached prepared by Dave Brock a� Cf All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received E C E I V E D Approval of Law Dept SFP 2 6 2012 Law Dept Comments E i � "'� � `I DEr Date Forwarded to Mayor Shaded Areas to Be Completed by Administration Staff Received. ('� 1 Recommendations & Comments: Disposition U v G�- Date Returned: Iage5870_templateba5e 2/07