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PK12-221 - Original - Holmes Electric - Riverbend Golf Course Electrical Distribution Panel - 9/14/12
Records Maria„ eme KEN T WASHINGTON - Document , r a4�� 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: Holmes Electric Vendor Number- 277295 JD Edwards Number Contract Number: This Is assigned by City Clerk's Office Project Name: Riverbend Golf Course Main Electrical Distribution Panel Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 09/14/12 Termination Date: 11/14/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Clary Department: Facilities Management Detail: (i.e. address, location, parcel number, tax id, etc.): S Pubhc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 551 83 KENT WAS" "o.o" PUBLIC WORKS AGREEMENT between City of Kent and Holmes Electric THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Holmes Electric organized under the laws of the State of Washington, located and doing business at P.O. Box 338, Kent, WA 98035, 253 479-4000, Briget Caudill (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the p 9 following described plans and/or specifications: Holmes Electric will provide Labor and Materials to upgrade the main electrical distribution panel at Riverbend Golf Course located at 2019 West Meeker Street, Kent, in accordance with Proposal dated July 26, 2012, which is attached as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, the Contractor shall complete the work described in Section I within 60 days. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $20,075.73, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the owner retain the final fifty PUBLIC WORKS AGREEMENT - 1 (nvar (1nK nndar �35K and No Performance Bond) percent (50%) of the Contract amount for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from i the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is l+ unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor 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 Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. 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 Contractor 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 Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be PUBLIC WORKS AGREEMENT - 2 (near t1nK nnr(ar t3JTK and Nn Performance Bond) required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: ` A. The Contractor's refusal or failure to supply a sufficient number of properly i skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. i C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor 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 Contractor'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 Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to PUBLIC WORKS AGREEMENT - 3 (Over 11OK, under$35K, and No Performance Bond) require a change order within the time specified in this paragraph, the Contractor waives Its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor 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 Contractor knew or should have known of the facts or events i 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 Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in j subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following I information: 1. The date of the Contractor'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 Contractor is asserting a schedule change or disruption. B. Records. The Contractor 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 Contractor'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. PUBLIC WORKS AGREEMENT - 4 (Over ,910K under 135K and No Performance Bond) C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor 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 Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR 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 CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor 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 parts are repaired or replaced, 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 i from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. i XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor 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. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor 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 Contractor'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 Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. PUBLIC WORKS AGREEMENT - 5 (nvPr tines tmrlar t35K and Nn PPrfnrmanrP Rnnd) Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF 1 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 Contractor 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 Contractor's part, then Contractor 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 Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and Jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this PUBLIC WORKS AGREEMENT - 6 (Over_tiOK under$35K. and No Performance Bond) Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be I 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 i 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 Contractor. 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 Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. PUBLIC WORKS AGREEMENT - 7 (Over llOK. under S35K and No Performance Bond) 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 l effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: i (si ure) (signature) Print Name: Michae J Holmes P int Na Suzette Cooke I Its President I Mayor , I (title) / DATE: 9/11/2012 DATE: NOTICES TO BE SENT TO: NOTIC S TO BE SENT TO: CONTRACTOR: CITY OF KENT: Briget Caudill Alex Ackley, Superintendent Parks Facilities Holmes Electric City of Kent P.O. Box 338 220 Fourth Avenue South Kent, WA 98035 Kent, WA 98032 (253) 479-4000 (telephone) (253) 856-5081 (telephone) (253) 234-2900 (facsimile) (253) 856-6080 (facsimile) APPRO ED AS TO ORM: Kent Law Department [In this Ileld,you may enter the electronlc Olepath where the contract has been saved] PUBLIC WORKS AGREEMENT - 8 (nvar t IOK [)nder -935K and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY i 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. I 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 i 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 11th day of September 20 12 By: -�\ 10 Mic 1 J. Holmes For: HOL S ELECTRIC COMPANY Title: President Date: 9/11/2012 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 1 I 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 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I i I declare that I complied fully with all of the requirements and obligations as outlined In the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 �V By. For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Xf�l�tr )q HOLM ES ELECTRIC P.O Box 338 *Kent,WA 98035 * (253)4794000 Attn: Alex Ackley Date: 07/26/12 Company: City of Kent Re: Riverbend Golf Course Address 220 Fourth AVE S File Number: 12071064 Kent,WA 98032 From. Briget Caudill Phone: 253-740.7502 E-Mail. brlget.caudill®holmes.com Mai E-Mail: aackleyOkenlWA.gov As requested,we are pleased to offer our electrical proposal for the above referenced project as follows: SPECIFIC INCLUSIONS 1. Coordinate utility shut down and reconnection with PSE. 2 Remove(1)one 800amp main distribution panel 3. Provide and install(1)one 800amp eight circuit 120/208volt three phase with main breaker panel. 4. Refeed existing electrical panels into new 800amp main panel. 5. Provide and install(1)one 150amp 120/208volt feeder from 800amp main to east wall of cart storage. 6. Provide and install (1)one additional 2"conduit from 800amp main to cart storage area, 7. Provide and install(1)one 150amp 1201208volt 84circuit electrical panel with(48)forty-eight single pole 15amp breakers. 8. Provide State of Washington electrical permit. { 9. Work to be performed on graveyard shift, QUALIFICATIONS 1. Our offer is firm for(30)thirty days from the date listed above. 2. Our offer is predicated upon a clear and accessible area that will be made available by others,where our work is to be performed. . 3. Unless noted in the specific inclusions,our work will be performed during our normal working hours and workweek. SPECIFIC EXCLUSIONS , 1. Washington State Sales tax. 4. All work of other crafts. 2. Hazardous materials handling. 5. Standby,overtime, and shift work, 3. Utility charges. 6 Hidden conditions Total Proposal as Outlined Above.. ..........................$18,334.00 Our goal is to provide quality electrical construction and competitive pricing We will accomplish this by peiforming efficiently,timely,safely and to your complete and total satisfaction Thank you for allowing us to proceed by authoiizmg the work in the space provided below. Sincerely, HOLMES ELE 4Caudil C TRIC CO. Briget VV Estimator ACCEPTANCE OF PROPOSAL Authorized Signature: Date: This proposal represents the entire agreement between the parties. There are no representations,promises or other understandings unless expressly included herein PAPP t of t EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for 1 a period of 3 years following Substantial Completion of the work. 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 Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent, providing the Additional Insureds with all policies and j endorsements set forth in this section. 2. Automobile Liability insurance covering all owned, non-owned, i 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. 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. Commercial General Liability insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any EXHIBIT B (Continued) combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. ` 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. I 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: 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 i 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. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. I EXHIBIT B (Continued) E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. j F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. I . x Page 1of1 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504.4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of { fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. .tourney Level Prevailing Wage Rates for the Effective Date; 8/27/2012 County Trade Job Classification Wage IHolidaylOvertime Note King Electrical Fixture Maintenance Journey Level $25.34 5L 1 E Workers King Electricians - Inside Cable Splicer $61.93 7C 2W King Electricians - Inside Cable Splicer (tunnel) $66.55 7C 2W King Electricians--Inside Certified Welder $59.83 7C 2W King Electricians - Inside Certified Welder(tunnel) $64.23 7C 2W King Electricians -inside Construction Stock Person $31.83 7C 2W King Electricians - Inside Journey Level $57,72 7C 2W King Electricians - lnside Journey Level (tunnel) $61,93 7C King Electricians__Motor Shop Craftsman $15.37 1 King Electricians -Motor Shop Journey Level $14.69 1 King Electricians_Powerline Cable Splicer $64.95 5A 4A Construction King Electricians - RDwerhne Certified Line Welder $59.37 5A 4A Construction King Electricians - Powerline Groundperson $42.16 5A AA Construction King Electricians - Powerline Head Groundperson $44.50 5A 4A Construction King Electricians - Powerline Heavy Line Equipment Operator $59.37 5A 4A Construction King Electricians_- Powerline Jackhammer Operator $44.50 5A 4A Construction_ King Electric--ians - Powerline Journey Level Lineperson $54.37 5A Construction King Electricians - Powerline Line Equipment Operator $49.95 5A 4A Construction King Electricians= Powerline Pole Sprayer $59.37 5A 4A Construction King Electricians - Powerhne Powderperson $44.50 5A 4 Construction King Electronic Technicians Journey Level $31,00 1 LLL--- PIP_ . - ,. . , . . . A� ® CERTIFICATE OF LIABILITY INSURANCE DATE11 DDl12 09/11/2o1z 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(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 endorsements) PRODUCER WA#712152 1-206-343-2323 CONTACT NAME Bacic Group, LLC dba MCM-BACIC PHONE FAX Bacic Pacific Insurance Services, LLC #OF82099 AIC.No.Exti IAIC,No 1325 Fourth Avenue, Suite 2100 E-MAIL ADDRESS Seattle, WA 98101 INSURERS AFFORDING COVERAGE NAICA INSURERA PHOENIX INS CO 25623 INSURED INSURERB Travelers Ind CO Of Amer 25666 Holmes Electric Company INSURER C TRAVELERS PROPERTY CAS CO OF AMER 25674 PO Box 338 INSURERD Kent, WA 98035 INSURERE INSURER F COVERAGES CERTIFICATE NUMBER: 29035614 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 TYPE OF INSURANCE ADOL SUER POLICY EFF POLICY EXP LIMITS LTR IN D POLICYNUMBER MM/ODIYYYY MMIDDIYYYY A GENERAL LIABILITY DTC0527DO787PHXll 10/01/1 10/01/12 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ CLAIMS-MADE I-XI OCCUR MED EXP(Anyone person) $ 10,000 X WA Stop Gap 1,000,000 PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2.000,000 POLICY X JEO LOC $ B AUTOMOBILE LIABILITY DT810527DO787TIAll 1 0 COMBINED SINGLE LIMIT 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per acadenl $ X $1000 Comp X $1000 Coll 1$ C X UMBRELLA LIAB X OCCUR DTSMCUP527DO787TIL11 10/01/1 10/01/12 EACH OCCURRENCE $ 3.0,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 10,000,000 DED X RETENTION$10,000 $ WORKERS COMPENSATION WC STATW OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTNE EL EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ N I A (Mandatory mNH) EL DISEASE-EA EMPLOYE $ If yes describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) HEC job #55183 Riverbend Golf Course Per the attached endorsement the following are included as Additional Insuredra: City of Kent, a Washington Municipal Corporation. This insurance is Primary & Non-Contributory 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 2202 4th Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 98032-5895 USA ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD robertatansey 29035614 Policy No. DTC0527D787PHXll COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—Provisions A.-H.and J.-N.of this endorsement broaden coverage, and provision 1. of this endorsement may limit coverage The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured H. Additional Insured—State or Political Subdivisions B. Extension of Coverage—Damage To Premises 1. Other Insurance Condition Rented To You J. Increased Supplementary Payments • Perils of fire,explosion, lightning,smoke,water • Cost of bail bonds increased to$2,500 • Limit increased to$300,000 • Loss of earnings increased to$500 per day C. Blanket Waiver of Subrogation K. Knowledge and Notice of Occurrence or Offense D. Blanket Additional Insured—Managers or Lessors L. Unintentional Omission of Premises E. Incidental Medical Malpractice M. Personal injury—Assumed by Contract F. Extension of Coverage—Bodily Injury N. Blanket Additional Insured—Lessor of Leased Equipment G. Contractual Liability—Railroads PROVISIONS 3. This Provision A. does not apply to any per- A. BROADENED NAMED INSURED son or organization for which coverage is ex- 1. The Named Insured in Item 1.of the Declara- cluded by endorsement tions is as follows B. EXTENSION OF COVERAGE — DAMAGE TO The person or organization named in item 1. PREMISES RENTED TO YOU of the Declarations and any organization, 1. The last paragraph of COVERAGE A BOD- other than a partnership, joint venture or lim- ILY INJURY AND PROPERTY DAMAGE LI- ited liability company, of which you maintain ABILITY (Section I — Coverages) is deleted ownership or in which you maintain the major- and replaced by the following ity interest on the effective date of the policy. Exclusions c.through n. do not apply to dam- However, coverage for any such additional age to premises while rented to you, or tem- organization will cease as of the date, if any, poranly occupied by you with permission of during the policy period, that you no longer the owner,caused by maintain ownership of, or the majority interest a. Fire, in, such organization b. Explosion; 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following, c. Lightning; a. Coverage under this provision is afforded d. Smoke resulting from such fire,explosion, only until the 180th day after you acquire or lightning, or or form the organization or the end of the e. Water policy period, whichever is earlier A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance. CG D3 16 07 04 Copyright,The Travelers Indemnity Company,2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to 5. This Provision B. does not apply if coverage premises while rented to you, or temporarily for Damage To Premises Rented To You of occupied by you with permission of the COVERAGE A BODILY INJURY AND owner,caused by PROPERTY DAMAGE LIABILITY(Section I— a. Rupture, bursting, or operation of pres- Coverages) is excluded by endorsement sure relief devices, C. BLANKET WAIVER OF SUBROGATION b. Rupture or bursting due to expansion or We waive any right of recovery we may have swelling of the contents of any building or against any person or organization because of structure, caused by or resulting from wa- payments we make for injury or damage arising ter; out of- premises owned or occupied by or rented c. Explosion of steam boilers, steam pipes, or loaned to you, ongoing operations performed steam engines, or steam turbines by you or on your behalf, done under a contract with that person or organization, "your work", or 3. Paragraph 6. of LIMITS OF INSURANCE "your products". We waive this right where you (Section 111) is deleted and replaced by the have agreed to do so as part of a written contract, following: executed by you before the "bodily injury" or Subject to 5. above, the Damage To Prem- "property damage" occurs or the"personal injury" ises Rented To You Limit is the most we will or"advertising injury"offense is committed pay under COVERAGE A. for the sum of all D. BLANKET ADDITIONAL INSURED — MANAG- damages because of 'property damage" to ERS OR LESSORS OF PREMISES any one premises while rented to you, or temporarily occupied by you with permission WHO IS AN INSURED (Section II)is amended to of the owner, caused by fire; explosion; light- include as an insured any person or organization ning, smoke resulting from such fire, explo- (referred to below as "additional insured") with sion, or lightning, or water The Damage To whom you have agreed in a written contract, exe- Premises Rented To You Limit will apply to all cuted before the "bodily injury" or"property dam- "property damage" proximately caused by the age" occurs or the 'personal injury" or "advertis- same 'occurrence", whether such damage ing injury" offense is committed, to name as an results from fire, explosion, lightning; smoke additional insured, but only with respect to liability resulting from such fire, explosion, or light- arising out of the ownership, maintenance or use ning, or water, or any combination of any of of that part of any premises leased to you, subject these causes to the following provisions The Damage To Premises Rented To You 1• Limits of Insurance The limits of insurance Limit will be the higher of. afforded to the additional insured shall be the a. $300,000,or limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decia- b. The amount shown on the Declarations rations,whichever are less for Damage To Premises Rented To You 2, The insurance afforded to the additional in- Limit sured does not apply to 4. Paragraph a. of the definition of"insured con- a. Any "bodily injury" or 'property damage" tract (DEFINITIONS — Section V) is deleted that occurs, or"personal injury"or"adver- and replaced by the following tising injury" caused by an offense which a. A contract for a lease of premises How- is committed, after you cease to be a ten- ever, that portion of the contract for a ant in that premises, lease of premises that indemnities any b. Any premises for which coverage is ex- person or organization for damage to cluded by endorsement,or premises while rented to you, or tempo- rarily occupied by you with permission of c. Structural alterations, new construction or the owner, caused by fire, explosion, demolition operations performed by or on lightning, smoke resulting from such fire, behalf of such additional insured. explosion, or lightning, or water, is not an 3. The insurance afforded to the additional in- "insured contract', sured is excess over any valid and collectible Page 2 of 6 Copyright,The Travelers Indemnity Company,2004 CG D316 07 04 COMMERCIAL GENERAL LIABILITY "other insurance" available to such additional together with all related acts or omissions in insured, unless you have agreed in the writ- the furnishing of the services described in ten contract that this insurance must be pn- paragraph 1.above to any one person will be mary to, or non-contributory with, such "other deemed one "occurrence". insurance" 5. This Provision E. does not apply if you are in E. INCIDENTAL MEDICAL MALPRACTICE the business or occupation of providing any of 1. The following is added to paragraph 1. Insur- the services described in paragraph 1. above. mg Agreement of COVERAGE A — BODILY 6. The insurance provided by this Provision E. INJURY AND PROPERTY DAMAGE LIABIL- shall be excess over any valid and collectible ITY(Section I—Coverages) "other insurance" available to the insured, "Bodily injury" arising out of the rendering of, whether primary, excess, contingent or on or failure to render, the following will be any other basis, except for insurance that you deemed to be caused by an"occurrence" bought specifically to apply in excess of the Limits of Insurance shown on the Declara- a. Medical,surgical, dental,laboratory,x-ray tions of this Coverage Part or nursing service, advice or instruction, or the related furnishing of food or bever- F. EXTENSION OF COVERAGE — BODILY IN- ages, JURY b. The furnishing or dispensing of drugs or The definition of "bodily injury" (DEFINITIONS — medical, dental, or surgical supplies or Section V) is deleted and replaced by the follow- appliances, mg c. First aid,or "Bodily injury' means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- d. Good Samaritan services. As used in miliation, sickness or disease sustained by a per- this Provision E., "Good Samaritan ser- son, including death resulting from any of these at vices" are those medical services ren- any time. dered or provided in an emergency and G. CONTRACTUAL LIABILITY—RAILROADS for which no remuneration is demanded or received 1. Paragraph c.of the definition of"insured con- 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- tract" (DEFINITIONS — Section V) is deleted SURED (Section II) does not apply to any and replaced by the following registered nurse, licensed practical nurse, c. Any easement or license agreement, emergency medical technician or paramedic 2. Paragraph f.(1) of the definition of 'insured employed by you, but only while performing contract" (DEFINITIONS — Section V) is de- the services described in paragraph 1. above leted. and while acting within the scope of their em- ployment by you Any "employees" rendering H. ADDITIONAL INSURED — STATE OR POLITI- "Good Samaritan services"will be deemed to CAL SUBDIVISIONS—PERMITS be acting within the scope of their employ- WHO IS AN INSURED (Section 11) is amended to ment by you include as an insured any state or political subdi- 3. The following exclusion is added to paragraph vision, subject to the following provisions 2. Exclusions of COVERAGE A — BODILY 1. This insurance applies only when required to INJURY AND PROPERTY DAMAGE LIABIL- be provided by you by an ordinance, law or ITY(Section I—Coverages) budding code and only with respect to opera- (This insurance does not apply to) "Bodily in- tions performed by you or on your behalf for jury" or "property damage" arising out of the which the state or political subdivision has is- willful violation of a penal statute or ordinance sued a permit relating to the sale of pharmaceuticals com- 2. This insurance does not apply to. miffed by or with the knowledge or consent of a. 'Bodily injury," "property damage," "per- the insured sonal injury" or"advertising injury"arising 4. For the purposes of determining the applica- out of operations performed for the state ble limits of insurance, any act or omission or political subdivision;or CG D316 07 04 Copyright,The Travelers Indemnity Company,2004 Page 3 of 6 COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" in- insured under any other policy, cluded in the "products-completed opera- including any umbrella or excess tions hazard" policy I. OTHER INSURANCE CONDITION When this insurance is excess, we A. COMMERCIAL GENERAL LIABILITY CON- will have no duty under Coverages A a B to defend the insured against DITIONS (Section IV), paragraph 4. (Other Insurance is deleted and replaced b the fol- any suit if any provider other in- Insurance) y surance" has a duty to defend the in- lowing sured against that "suit". If no pro- 4. Other Insurance vider of "other insurance" defends, If valid and collectible"other insurance"is we will undertake to do so, but we will available to the insured for a loss we be entitled to the insureds rights cover under Coverages A or B of this against all those providers of other insurance Coverage Part, our obligations are limited as follows- When this insurance is excess over a. Prima Insurance "other insurance , we will pay only Primary our share of the amount of the loss, if This insurance is primary except any,that exceeds the sum of. when b. below applies. If this insur- (1) The total amount that all such ance is primary, our obligations are "other insurance" would pay for not affected unless any of the "other the loss in the absence of this in- insurance" is also primary. Then, we surance,and will share with all that "other insur- ance" by the method described in c. (2) The total of all deductible and below self-insured amounts under that b. Excessinsurance "other insurance" This insurance is excess over any of We will share the remaining loss, if the "other insurance", whether pn- any,with any"other insurance"that is not described in this Excess Insur- mary, excess, contingent or on any ance provision other basis c. Method Of Sharing (1) That is Fire, Extended Coverage, If all of the "other insurance" permits Builder's Risk, Installation Risk,or similar coverage for your contribution by equal shares, we will work", follow this method also Under this approach each provider of insurance (2) That is Fire insurance for prem- is rented t you Temporarily contributes equal amounts until it has paid its applicable limit of insurance occupied by you with permission or none of the loss remains, which- of the owner, ever comes fast. (3) That is insurance purchased by If any of the "other insurance" does you to cover your liability as a not permit contribution by equal tenant for "property damage" to shares, we will contribute by limits. premises rented to you or tempo- Under this method, the share of each rarily occupied by you with per- provider of insurance is based on the mission of the owner,or ratio of its applicable limit of insur- (4) If the loss arises out of the main- ance to the total applicable limits of tenance or use of aircraft, insurance of all providers of insur- "autos", or watercraft to the ex- ance tent not subject to Exclusion g. of B. The following definition is added to DEFINITIONS Section I — Coverage A — Bodily (Section V) Injury And Property Damage Li- ability, or "Other insurance"* (5) That is available to the insured a. Means insurance, or the funding of losses, when the insured is an additional that is provided by,through or on behalf of. Page 4 of 6 Copyright,The Travelers Indemnity Company,2004 CG D316 07 04 COMMERCIAL GENERAL LIABILITY (1) Another insurance company, 2. Notice of an "occurrence" or of an offense (2) Us or any of our affiliated insurance com- which may result in a claim will be deemed to panies, except when the Non cumulation be given as soon as practicable to us if it is of Each Occurrence Limit section of given in good faith as soon as practicable to Paragraph 5 of LIMITS OF INSURANCE your workers' compensation insurer This ap- (Section III)or the Non cumulation of Per- plies only if you subsequently give notice of sonal and Advertising Injury limit sections the "occurrence" or offense to us as soon as of Paragraph 4 of LIMITS OF INSUR- practicable after you, one of your "executive ANCE(Section III)applies, officers"(if you are a corporation), one of your {3) Any risk retention group, partners who is an individual (if you are a partnership),one of your managers(if you are (4) Any self-insurance method or program, a limited liability company), or an "employee" other than any funded by you and over (such as an insurance, foss control or risk which this Coverage Part applies; or manager or administrator) designated by you (5) Any similar risk transfer or risk manage- to give such notice discovers that the "occur- ment method. rence"or offense may involve this policy. b. Does not include umbrella insurance, or ex- 3. This Provision K. does not apply as respects cess insurance,that you bought specifically to the specific number of days within which you apply in excess of the Limits of Insurance are required to notify us in writing of the shown on the Declarations of this Coverage abrupt commencement of a discharge, re- Part lease or escape of "pollutants" that causes J. INCREASED SUPPLEMENTARY PAYMENTS "bodily injury" or "property damage" which may otherwise be covered under this policy Paragraphs 1.b and 1.d. of SUPPLEMENTARY L. UNINTENTIONAL OMISSION PAYMENTS —COVERAGES A AND B (Section I —Coverages)are amended as follows The following is added to COMMERCIAL GEN- 1. In paragraph 1 b., the amount we will for ERAL LIABILITY CONDITIONS (Section IV), pay the cost of bonds is increased to pay paragraph 6. (Representations) The unintentional omission of, or unintentional 2. In paragraph 1.d.,the amount we will pay for loss of earnings is increased to$500 a day error any information provided by you which we relied upon in issuing this policy shall not K. KNOWLEDGE AND NOTICE OF OCCUR- prejudice your rights under this insurance How- RENCE OR OFFENSE ever, this Provision L does not affect our right to 1. The following is added to COMMERCIAL collect additional premium or to exercise our right GENERAL LIABILITY CONDITIONS (Section of cancellation or nonrenewal in accordance with IV), paragraph 2. (Duties In The Event of Oc- applicable state insurance laws, codes or regula- currence, Offense, Claim or Suit) tions. Notice of an "occurrence" or of an offense M. PERSONAL INJURY — ASSUMED BY CON- which may result in a claim must be given as TRACT soon as practicable after knowledge of the 1. The following is added to Exclusion e. (1) of "occurrence" or offense has been reported to Paragraph 2., Exclusions of Coverage B. you, one of your "executive officers" (if you Personal Injury, Advertising Injury, and are a corporation), one of your partners who Web Site Injury Liability of the Web XTEND is an individual (if you are a partnership), one Liability endorsement of your managers (if you are a limited liability Solely for the purposes of liability assumed in company), or an "employee" (such as an in- an 'insured contract", reasonable attorney surance, loss control or risk manager or ad- fees and necessary litigation expenses in- ministrator) designated by you to give such curred by or for a party other than an insured notice are deemed to be damages because of"per- Knowledge by any other "employee" of an sonal injury"provided "occurrence" or offense does not imply that (a) Liability to such party for, or for the cost you also have such knowledge of, that partys defense has also been as- CG D316 07 04 Copyright,The Travelers Indemnity Company, 2004 Page 5 of 6 COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract"; N. BLANKET ADDITIONAL INSURED — LESSOR and OF LEASED EQUIPMENT (b) Such attorney fees and litigation ex- WHO IS AN INSURED (Section II)is amended to penses are for defense of that party include as an insured any person or organization against a civil or alternative dispute reso- (referred to below as "additional insured") with lution proceeding in which damages to whom you have agreed in a written contract, exe- which this insurance applies are alleged cuted before the "bodily injury" or "property dam- 2. Paragraph 2.d. of SUPPLEMENTARY PAY- age" occurs or the "personal injury" or "adverbs- MENTS— COVERAGES A AND B (Section I ing injury" offense is committed, to name as an — Coverages) is deleted and replaced by the additional insured, but only with respect to their h- following: ability for"bodily injury", "property damage", "per- sonal injury" or "advertising injury" caused, in d. The allegations in the 'suit and the in- whole or in part, by your acts or omissions in the formation we know about the "occur- maintenance, operation or use of equipment rence"or offense are such that no conflict leased to you by such additional insured, subject appears to exist between the interests of to the following provisions the insured and the interests of the m- demnitee, 1. Limits of Insurance. The limits of insurance 3. The third sentence of Paragraph 2 of SUP- afforded to the additional insured shall be the PLEMENTARY PAYMENTS — COVERAGES limits which you agreed to provide in the l- ten contract,or the limits shown on the Decla- A AND B (Section 1 — Coverages) is deleted rations,whichever are less and replaced by the following 2. The insurance afforded to the additional in- Notwithstanding the provisions of Paragraph sured does not apply to any "bodily injury" or 2.b.(2) of Section I—Coverage A—Bodily In- "property damage" that occurs, or "personal jury And Property Damage Liability, or the injury"or"advertising injury"caused by an of- provisions of Paragraph 2.e.(1) of Section I — fense which is commuted, after the equipment Coverage B— Personal Injury,Advertising In- lease expires jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for 3. The insurance afforded to the additional in- "bodily injury" and "property damage", or sured is excess over any valid and collectible damages for"personal injury", and will not re- . "other insurance" available to such additional duce the limits of insurance insured, unless you have agreed in the writ- ten contract that this insurance must be pri- 4. This provision M. does not apply if coverage mary to, or non-contributory with, such "other for "personal injury" liability is excluded by insurance" endorsement Page 6 of 6 Copyright,The Travelers Indemnity Company,2004 CG D316 07 04 Policy DTC0527D787PHX11 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ!T CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED —(Section II) 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" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage"or"personal injury",and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier or omissions of such person or organization 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- written contract requiring insurance specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance" This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of insurance. for such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to sured does not apply e "t oth injury", p the additional insured by this endorsement still is pp y y 7 ry', "prop- excess over any valid and collectible "other in- erty damage" or "personal injury' arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional archdectural, engineering or sur- tional insured when that person or organization is veying services, including- an additional insured under such "other insur- i. The preparing, approving, or failing to ance" prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement ders or change orders, or the preparing, approving, ar failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications, and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a claim To the extent possible, such notice engineering activities, should include CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place, cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement However, this persons and witnesses, and condition does not affect whether the insur- ance provided to the additional insured by Ili. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence"or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must 5. The following definition is added to SECTION V. 1. Immediately record the specifics of the —DEFINITIONS. claim or"suit"and the date received; and "Written contract requiring insurance" means IL Notify us as soon as practicable that part of any written contract or agreement under which you are required to include a The additional insured must see to it that we receive written notice of the claim or"suit"as person organization as an additional in- soon as practicable. sured onn this Coverage Part, provided that the "bodily injury' and property damage" oc- c) The additional insured must immediately curs and the "personal injury' is caused by an send us copies of all legal papers received in offense committed connection with the claim or"suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of the claim or defense against the "suit", and contract or agreement by you; otherwise comply with all policy conditions b. White that part of the contract or d) The additional insured must tender the de- agreement is in effect,and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 �� REQUEST FOR MAYOR'S SIGNATURE `� KENT Please Fill m All Applicable Boxes 1. — Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) R Reviewed by City Attorney Director Approved to Route Orl orator: Alex Ackley I Phone (Originator): 253 856-5081 Date Sent: September 14, 2012 Date Required: September 20, 2012 Return Signed Document to: Nancy Clary CONTRACT TERMINATION DATE: 11/14/12 VENDOR NAME: Holmes Electric DATE OF COUNCIL APPROVAL: N/A Brief Explanation of Document: Holmes Electric will provide Labor and Materials to upgrade the main electrical distribution panel at Riverbend Golf Course in order to provide electrical hookups for g new electric golf carts. DV%C.e J-CA�� w�rti �s C--C> \ A4�t 4- new lr tircS � � G ( C S Fz ov�S , fj�t ro�ccf �S w 6� (P v�r i„ov1� 4r� Ivv-1��..�G t.mr�c l-cs v l{�c� ain �9u,-cir o l( All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: EI Law Dept. Comments: sp JL -1:- KEN T LA NY DEPT Date Forwarded to Mayor: -t ` 0 ( Z /C0 Shaded Areas To Be Completed By Administration Staff 1 F i Received: Recommendations and Comments: CITY OF K_NT Disposition: 9080/' /,Z� c� 2v� Date Returned: