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HomeMy WebLinkAboutPK12-243 - Original - Stacy Plumbing - Centennial Center Energy Efficient Boiler - 10/11/12 Records M-a-nageme ,4 KENT - Document �NA9HInGTON - - 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: Stacy Plumbing Vendor Number: JD Edwards Number Contract Number: This Is assigned by City Clerk's Office Project Name: Centennial Center — Purchase of Energy Efficient Boiler i Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 10/11/12 Termination Date: 10/31/12 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.): CM t Olt S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT GOODS & SERVICES AGREEMENT between the City of Kent and Stacy Plumbing Supply Co. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Stacy Plumbing Supply Co. organized under the laws of the State of Washington, located and doing business at 2909 S Wilkeson Street, Tacoma, WA 98409-7855, 253 272-3163, Greg Stacy. (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: Purchase only from Stacy Plumbing Supply Co. of a Patterson Kelley Mach C1050 Cast Aluminum Condensing Boiler for the Centennial Center Building located at 400 W. Gowe, Kent, in accordance with Raypak Repl Project Quote, which is attached as Exhibit A. 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 30 days. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $26,225.25, 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: Vendor will invoice upon complete delivery of all goods; Terms, Net 30. GOODS & SERVICES AGREEMENT - 1 (Over_$10 ono nrz mrludlna W.SST) 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. 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. GOODS & SERVICES AGREEMENT - 2 (nvar tin nnn nn inrlirrlino IA/CCT) V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; GOODS & SERVICES AGREEMENT - 3 (Over S10,000,00. includina WSST) 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 Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. 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, GOODS & SERVICES AGREEMENT - 4 (Over $10,000.00, rncludrnq WSST) W sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 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 GOODS & SERVICES AGREEMENT - 5 (Over$10,000 00. includina WSST) conferred by this Agreement in one or more Instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, Including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 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. GOODS & SERVICES AGREEMENT - 6 (Ovar -t10 nnn nn inrioulinn IA/SST) VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Nam 2!!j-- Pr Nam Su ette Cooke Its 11 . It a or DATE: ` ) `Z��-' �, DATE: o NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Greg Stacy Alex Ackley, Superintenaent Parks Facilities Stacy Plumbing Supply Co. City of Kent 2909 S. Wilkeson Street 220 Fourth Avenue South Tacoma, WA 98409-7855 Kent, WA 98032 253 272-3163 (telephone) (253) 856-5081 (telephone) 253 272-1912 (facsimile) (253) 856-6080 (facsimile) APPRO ED AS T FOR Kent Law Department Stacy Plbg Sup Co_Goods and Services Agreement doc r,nn 1C % CFR\/TrFC 4r,PFFMFr\IT _ 7 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. ;y 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, th rime contracto ,\will actively consider hiring and promotion of women and minorities. S 41\fa) 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 20L� By: c For: > L Title: 0 Date: �� CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 STACY PLBG SUP CO From: Greg Stacy Ph 253 272 3163 greg@stacypfbg.com Project Quote Name I Address Ship To CI I Y OF KEt i CE\1 EN\I'.._BLDO 220 FOL RTI I t1 ENUE SOUTH Oho N (,CA E KE-N T.R 1 93032-:395 KLN I. \tA Terms Quoted By Estimated Snip Date FOB PROJECT Net 3J F-ICTORY I F 1 PuWl?iK REP' EQUIP 9 Item Description Q+y Total PKCI1,51) tLL MINLM 1 22,200,00 cf)%DENSTNG BOILER. If'5It\IBIII\PLT.\ATU1-• LG\S I\CLLDI\G THE FOLLOWING 2EA 1 ICTA LIC AC AP ER - its PI-! NEl'iR�l,l'!_EK ILA G)LTDOORa1R� N>ORIENNll IE t 11E kDER 5LNSW IE VI) I[A Ol.TL)OOR KIT (c-13nP)l RCLICF V,AL�E IEA \%TL RAI G.V1 REGL-L:\TOR'_=IN'LET OPTIC)\AL.IF NEEDED 1750,00 J1 L\FR-_'3-6I* JOHN WOOL) 131;GALLO\BLADDER rANk 125, 1 START-UP AND FREIGFIT TO THE JOBS[TE IS fALI L1)EL) LA-€U IDJNC_A\D SLI-H\G L"-QL IPMEN"T ON THi-,ROOF AT THE JOBSITE BY OTHERS "(OTAL--------------------------------------------- 23,950A0 Sales Tax (9.5%) 2275.25 Tote 26,225 25 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. Commercial General Liability insurance shall be written on i ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as 9 additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. A� CERTIFICATE OF LIABILITY INSURANCE �0/l/2012Y"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NA ME g Gin er Carlson Degginger McIntosh and Associates PHONE (425)740-5200 FAC No (425)740-5201 3977 Harbour Pointe Blvd SW ADDRESS ginger@DMAinsurance.com INSURER(SI AFFORDING COVERAGE NAIC# Mukilteo WA 98275 INSUREI SecuritV Insurance Company INSURED INSURERB Ohio Casualty Insurance Company Stacy Plumbing Supply Company INSURER PO BOX 11027 INSURER INSURER E Tacoma WA 98411-0027 INSURER HEd COVERAGES CERTIFICATE NUMBER:12/13 GL BA SG UMB REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR rypE OF INSURANCE AD L UBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDD MWDDNYYY A GENERAL LIABILITY ZS54880355 9/1/2012 9/1/2013 EACH OCCURRENCE $ 1,000,000 AMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $ 300,000 CLAIMS-MADE F—xl OCCUR X MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGO $ 2,000,000 X POLICY PRO- POLICY $ A AUTOMOBILE LIABILITY S54880355 9/1/2012 9/1/2013 COMBINED 1SINGLE LIMIT 11000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ 1AUTOS Per accident Uninsured motonst combined $ B X UMBRELLA LIAB kf�X OCCUR S054880355 9/1/2012 9/1/2013 EACH OCCURRENCE 5 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ CED RETENTION$ $ A JN1081(X.W�AAK ZS54880355 9/1/2012 9/1/2013 WC STATU- X OTH- )W EMPLOYERS'LIABILITY YIN ITORYLIMITS FR ANY PROPRIETOR/PAR-NER/EXECUTIVE STOP GAP EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDE[ NIA (Mandatory In NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes describe under DESCRIPTION OF OPERATIONS 11eI0W E L DISEASE POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) City of Kent is included as Additional Insured per attached form CG2026(0704) with respect to any and all operations of the Named Insured All endorsements apply per required Written Contract. RE: City of Kent - Boiler Contract CERTIFICATE HOLDER CANCELLATION nclary@KentWA.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS Facilities Division Attn: Nancy Clary AUTHORIZED REPRESENTATIVE 400 West Gowe Kent, WA 98032 Ken McIntosh/OGDON ACORD 25(2010105) ©1988.2010 ACORD CORPORATION All rights reserved. INS025r2mnnq�ni The Arnpn nnma anti Innn ara ram¢forerl marlre of Arnpn BUSINESSOWNERS BP 79 96 06 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUBJECT PAGE AGGREGATE LIMITS OF INSURANCE 3 AMENDMENT OF INSURED CONTRACT DEFINITION 4 BAIL BONDS 1 BLANKET ADDITIONAL INSURED(OWNERS,CONTRACTORS OR LESSORS) 2 BODILY INJURY 3 BROADENED COVERAGE FOR DAMAGE TO PREMISES RENTED TO YOU 1 DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 3 INCIDENTAL MEDICAL MALPRACTICE 2 LOSS OF EARNINGS 1 MOBILE EQUIPMENT 2 i NEWLY FORMED OR ACQUIRED ORGANIZATIONS 2 { PERSONAL AND ADVERTISING INJURY 3 SUPPLEMENTARY PAYMENTS 2 1 a I 02009 Liberty Mutual Insurance Company.All rights reserved. BP 79 96 06 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 4 Section II-Liability is amended as follows: 1. SUPPLEMENTARY PAYMENTS Paragraph L(1)(b)of A Coverages is replaced by the following; (b) Up to $3000 for cost of ball bond required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for"bodily injury" applies. We do not have to furnish the bonds. Paragraph 1.f.(1)(d)of A Coverages is replaced by the following; (d) All reasonable expenses incurred by the insured at our request to assist us in the Investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work. 11. BROADENED COVERAGE FOR DAMAGE TO PREMISES RENTED TO YOU With respect to the coverage provided under this endorsement,Section 11-Liability is amended as follows: 1. The final paragraph of 8.1. Exclusions - Applicable To Business Liability Coverage is deleted and replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner,Exclusions c.,d.,e.,9.,h.,k.,I.,m.,n.and o.do not apply to"property damage". 2. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is deleted and replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declaration. 3. Paragraph D.3.Liability And Medical Expenses Limits Of Insurance is deleted. Ill. INCIDENTAL MEDICAL MALPRACTICE Exclusion 1.j.(4)does not apply to Incidental Medical Malpractice Injury coverage. The following is added to F.LIABILITY AND MEDICAL EXPENSES DEFINITIONS: 23. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render,during the policy period,the following services: a. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or bev- erages in connection therewith;or b, the furnishing or dispensing of drugs or medical,dental or surgical supplies or appliances. This coverage does not apply to: 1. expenses incurred by the insured for first-aid to others at the time of an accident and the Duties in the Event of Occurrence,Claim or Suit Condition is amended accordingly; 2. any insured engaged in the business or occupation of providing any of the services described under a.and b.above; 3. injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a.and b.above. IV. MOBILE EQUIPMENT 1. Section C.Who is An Insured is amended to include any person driving"mobile equipment" with your permission. V. BLANKET ADDITIONAL INSURED(OWNERS,CONTRACTORS OR LESSORS) / 1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom / you are required to name as an additional insured on this policy under a written contract or written VV agreement.The written contract or agreement must be: a. currently in effector becoming effective during the term of this policy; and b. executed prior to the"bodily injury", "property damage", "personal and advertising injury". 02009 Liberty Mutual Insurance Company.All rights reserved. BP 79 96 06 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 4 2. The insurance provided the additional insured is limited as follows: a. The person or organization is only an additional insured with respect to liability arising out of (1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy; (2) Caused in whole or in part by your ongoing operations performed for that insured. b. The limits of insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declara- tions,whichever are less.These limits are inclusive of and not in addition to the limits of insurance available under this policy c. The insurance provided the additional insured does not apply to: (1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury", "property damage", "personal and advertising injury"; or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, en- gineer's or surveyor's rendering of or failure to render any professional services including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opin- ions, reports,surveys,field orders,change orders,or drawings and specifications; and (b) Supervisory,inspection,architectural or engineering activities. (3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in the Declarations; or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. ; VI. NEWLY FORMED OR ACQUIRED ORGANIZATIONS The following is added to C.Who Is An insured: 3. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named insured if there is no similar insurance available to that entity. However, a. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period,whichever is earlier; b. Coverages A.Paragraph 1. Business Liability,does not apply to: (1) "Bodily injury" or "property damage" that occurred before the entity was acquired or incor- porated or organized by you; and (2) "Personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you; and c. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations VA. AGGREGATE LIMITS The following is added to Aggregate Limits Paragraph 4. of D. Liability and Medical Expenses Limits of Insurance. The Aggregate Limits apply separately to each of "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, "location" means premises involving the same or connect- ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad. ®2009 Liberty Mutuat Insurance Company.All rights reserved. BP 79 96 06 09 Includes copyrighted material of Insurance Services Office.Inc.,with its permission Page 3 of 4 Vlll.DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 1. The requirement in E.Liability And Medical Expenses General Conditions paragraph 2.a.that you must see to it that we are notified of an "occurrence" or offense which may result in a claim applies only when the "occurrence" is known to any insured listed in Paragraph C.1. Who Is An Insured or any "employee"authorized by you to give or receive notice of an "occurrence"or claim. 2. The requirements in E. Liability And Medical Expenses General Conditions paragraph 2.b. that you must see to it that we receive notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph C.I.Who Is An Insured or any "employee"authorized by you to give or receive notice of an "occurrence"or claim. IX. BODILY INJURY Paragraph 3.of F. Liability And Medical Expenses Definitions is replaced by the following: 3. "Bodily Injury" means a. Bodily Injury, sickness, disease, or incidental medical malpractice injury sustained by a person, including death resulting from any of these at anytime. X. AMENDMENT OF INSURED CONTRACT DEFINITION Paragraph 9.of F.Liability And Medical Expenses Definitions is replaced by the following: 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition oper- ations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for "bodily injury" or"property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construc- tion or demolition operations,within 50feet of any railroad property and affecting any railroad bridge or trestle,tracks,road-beds,tunnel, underpass or crossing; (2) That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,surveys,field orders,change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them,if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect,engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. XI. PERSONAL AND ADVERTISING INJURY Paragraph 14.b.of F.Liability And Medical Expenses Definitions is replaced by the following: b. Malicious prosecution or abuse of process. ,a 02009 liberty Mutual Insurance Company.All rights reserved. SP 79 96 06 09 Includes copyrighted material of Insurance Services Office,Inc,with its permission Page 4 of 4 3 s , q COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 POLICY#: BZ554880355 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 / ✓ a Name Of Additional Insured Person(s) Or Organization(s) CITY OF KENT 400 WEST GROWE KENT, WA 98032 Information required to complete this Schedule, d not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the persons) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" `property damage" or "personal and advertfsmg injury" caused, in whole or in pan, 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_ *ISO Properties, Inc„ 2004 Safi maid me Safi lags art aradomdm 0 Sal= Wpoialiv CG 20 26 07 04 j;p REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Reviewed b CityAttorneyDirector Approved to Route Ori inator: Alex AckleyPhone (Originator): 253 856-5081 Date Sent: 10/09/12 Date Required: 10/11/12 Return Si ned Document to: NancyClaryCONTRACT TERMINATION DATE: 10/31/12 VENDOR NAME: StacyPlumbingSupply DATE OF COUNCIL APPROVAL: 10/02/12 Brief Explanation of Document: I Purchase only from Stacy Plumbing Supply Co. of a new Patterson Kelley Condensing Boiler for the Centennial Center building in the amount of $26,225.25, including WSST. The new energy efficient boiler will replace the current boiler which is now in its 22 year. This replacement will complete the Energy Savings Conservation Operation project for the Centennial Center and is 220/c more efficient that the current boiler. The replacement will be performed by our in-house HVAC/R Specialists representing an additional up-front savings in installation charges. All Contracts Must Be Routed Through The Law Department (This area tt ted by the Law Department) / 1 Received. g ZO1Z RECEIVED ' ✓'��`nY Approval of Law Dept.: �� OCT 10 2012 Law Dept. Comments: *� kn � � KE T L AVV D�_P� wti Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff 1'tY of Ke;7 L7.7,P,a '?T ILr, <lE .ram Received: Recommendations and Comments: 1' Disposition: /0%O�jLi1Lo/ �►?c�y4 - / �� G1Tr CF KE11 Date Returned: