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HomeMy WebLinkAboutPW13-109 - Original - H.D. Fowler Company - Materials for Galvanized Water Mains - 04/19/2013 Records Management, ZKENT Document WASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: H.D. Fowler Company Vendor Number: JD Edwards Number c� Contract Number: '�)t3- l D I This is assigned by City Clerk's Office Project Name: Materials for Galvanized Water Mains Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 90 days Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Steve Craigue Department: PW Operations Detail: (i.e. address, location, parcel number, tax id, etc.): Supp�y materials for_the replacement of five_2" galvanized water mains. S.Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT GOODS & SERVICES AGREEMENT between the City of Kent and H.D. Fowler Company THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and H.D. Fowler Company organized under the laws of the State of Washington, located and doing business at 13440 SE 30th Street, Bellevue, WA 98005, Phone: (206) 255-4314/Fax: (425) 746-0391, Contact: Ryan Huff (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall supply materials for the replacement of five 2 galvanized water mains. For a list of materials, see the Vendor's bid which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services within 90 days. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty One Thousand, Four Hundred Thirty One Dollars and seventy eight cents ($21,431.78), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000,00, including WSST) - , r After receipt of all materials listed in Exhibit A and receipt of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over $10,000.00, Including WSST) r , E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) t , CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes 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 GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) 1 � correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDORS RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, Including WSST) 1 , I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: ABy: (slgnat re) (signature) Print Name: ,w H)j) f rant Na ne: Suzette Cooke Its NlJlni L.,d Da. Sale s Its mayor (title) Iq DATE: 3/l t / i 3 DATE: ZZ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Ryan Huff Timothy J. LaPorte, P.E. H.D. Fowler Company City of Kent 13440 SE 30th Street 220 Fourth Avenue South Bellevue, WA 98005 Kent, WA 98032 (206) 255-4314 (telephone) (253) 856-5500 (telephone) (425) 746-0391 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department HD Fowler-2 In Galy WM Repl/Craigue GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) r , DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 11 tt" day of o r cl/� , 20-13. By: For: FowL&R Go. �04 Title: MQoic-1PAt.- ca41�.5 Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of H.D. Fowler Company Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as 2" Galvanized Water Main Replacements that was entered into on the April 19, 2013, 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 -1,�,,A , 20103 . By: For: �--� , t> • rdw�&f Title: Ku nlL, Sep 5 Date: ASH j Zo i 3 EEO COMPLIANCE DOCUMENTS - 1 EXHIBIT A Bid No.B216312 Page 1 of 2 H.D. FOWLER COMPANY Customer: BIDDING CONTRACTORS Bid No: B216312 Estimator; Jeffrey Emory Bid Date: 2/20/2013 Job Name: 2" GALV MAIN REPLACEMENT PARTS Location: KENT, WA Line Qty UoM Description Unit Price Extended Price 1 10 EA 4"BLACK BOLT&NUT KIT8PER 5/8"X 3",A 307,GRADE A,IMPORT 506 50.60 2 470 FT 4"CL 52 DI PIPETJ,C151/A21 51,C104,C/L,18 25'NOM LGTH,SBR GASKET 1433 6,735,10 (13 1 LBS/FT) 3 5 EA 6"MJ X 4"FL TEE DI,AW WA C153,C/L,LESS ACCESS(54 LBS) 10111 50555 4 5 EA 4"MJ X FL TEE DI,AW WA C153,C/L,LESS ACCESS(38 LBS) 63.72 31860 5 5 EA 4"M190 ELL,DI,AW WA C153,C/L,LESS ACCESS(26 LBS) 36 86 184.30 5 5 EA 6"M15LEEVE LONG PATTERN DI,AWWA C153 LESS ACCESSORIES(39 LBS) 54,77 273.85 7 5 EA 4"MJ SLEEVE LONG PATTERN DI,AWWA C153 LESS ACCESSORIES(24 LBS) 32.65 163 25 8 5 EA 4"MJ PLUG DI,SSB,AW WA C153,LESS ACCESS(8 LBS) 1633 8165 9 5 EA 4"X TO"DIP SPOOL,F X PE,CEMENT LINED,ASPHALTIC COATING OUTSIDE 127.77 63885 10 10 EA 4"DUCTILE IRON MJ X FL GATE VALVE AWWA C515 RESILIENTSEAT,LESS MJ 322.31 3,223.10 ACCESSORIES(75 LBS) 11 5 EA 4"DI BLIND FLANGE X 2"FIPT TAP,AWWA C110,NORMALLY BARE FIN15H 49.50 247.50 (14 LBS) 12 20 EA 6"WEDGE ACTION MJ RETAINER GLAND FOR DIP 2073 41460 13 20 EA 6"GASKET AND T-BOLT SET FOR C153 MJ FITTINGS 1190 238 00 14 40 EA 4"WEDGE ACTION MJ RETAINER GLAND FOR DIP 17.44 697.60 15 40 EA 4"GASKET AND T-BOLT SET FOR C153 MJ FITTINGS 951 38040 16 5 EA 2 1/2"MNST X 2"MIPT BRASS HOSE ADAPTER 2824 14120 17 5 EA 2-1/2"BRASS FNST HOSE CAP WITH CHAIN 17.06 85,30 18 5 EA CAST IRON METER BOX WITH LID OFCO SM30 11-3/4"X 23-3/4"X 16"(for 1- 44665 2,233 25 1/2"and 2"meters) 19 10 EA 13 X 20 X 12 JUMBO METER BOX BASE BLACK,CARSON 24.31 243 10 20 10 EA 13 X 20 JUMBO METER BOX COVER BLACK WITH HINGED PLASTIC READER 934 9340 "WATER',CARSON 21 10 EA 5 40 X 1" IP SADDLE ROMAC 202 BODY ONLY 16.48 16480 22 20 EA 5 40"ROMAC U-80LT WITH NUTS AND WASHERS,ZINC PLATED 777 15540 23 10 EA FORD F500-4 1" IP X IP CORP STOP NO LEAD 3541 354 10 24 10 EA 5/8"X 3/4"FORD VH72-15W-11-33 METER SETTER,KEY VALVE INLET,15" 11888 1,188 80 HIGH,CHECK VALVE OUTLET,DP IN&OUT NO LEAD 25 10 EA FORD C86-34 3/4"MIP X 1"IPS PJ ADAPTER NO LEAD 26.36 263 60 26 10 EA FORD C16-44 1"FIP X IPS PI ADAPTER NO LEAD 2025 20250 27 500 FT 1"SIDR 7 200 PSI POLY PIPE,PE3408,ASTM D2239,IPS SIZE.100FT.COIL 0.51 255 00 28 20 EA 1"IPS STIFFENER FORD#72,ALSO CAN BE USED AS 1-1/4"FORD CTS 1.51 3020 STIFFNER#53 29 10 EA 4"1/8"RING GASKET RED RUBBER,150# 0.88 8.80 Approximate Total 19,572.40 TAX-9.5% 1859.378 Total 21,431.78 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. i COMMERCIAL GENERAL LIABILITY POLICY NUMBER Y-630-8373A960—TIL-12 ISSUE DATE' - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following j COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE i Name of Additional Insured Person(s) or Organization(s): i I City of Rent 400 West Gowe Rent, WA 98032 I Section II —Who Is An Insured Is amended to include as an additional insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for"bodily Injury", "property damage", "personal injury" or "advertising injury" caused, in whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. I CG D4 1104 08 02008 The Travelers Companies,Inc Page 1 of 1 i Includes the copyrighted material of Insurance Services Office,Inc with Its permission I COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifles insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART t. WHO IS AN INSURED--(Section il)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 "wntten contract requiring Insurance" "property damage" causec by "your work" to include as an additional insured on this Cover- and Included in the "products-completed op- age Part,but, erations hazard" a) Orly with respect to liability for"bodily injury", 3. The insurance provided to the additional Insured "property damage"or"personal injury'; and by this endorsement is excess over any valid and b) If, and only to the extent that, the Injury or collectible "other insurance whether primary, damage is caused by acts or emissions of excess, contingent or on any other basis, that Is you or your subcontractor in the performance ava'lable to the additional insured for a loss we of "your work" to which the "written contract cover under this endorsemert However, if the requiring work" apples. The person or "written contract requiring insurance" specifically additional requires that this Insurance apply on a primary organization does not qualify as Insured with respect to the Independent acts basis or a primary and non-contributory"other ins basis, or omissions of such person or organization, this insurance is primary to "other insurance' available to the additional insured which covers i 2. The insurance provided to the additional insured that person or organization as a named insured by this endorsement Is limited as follows. for such loss, and we will not share with that a) In the event that the Limits of Insurance of other insurance". But the insurance provided to the additional Insured b this Coverage Part shown in the Declarations Y this endorsement still is exceed the limits of liability required by the excess over any valid and collectible "other in- "written contract requiting insurance", the in- surance", whether primary, excess, contingent or surance provided to the additional insured on any other basis,that Is avallable to the add!- shall be limited to the limits of liability ra• tlonal insured when that person or organization is quired by that "written contract requiring in- at, additional insured under such "other insur- surance" This endorsement shall not in- ance". crease the units of insurance described in 4. As a condition of coverage provided to the Section III—Limits Of Insurance. additional insured by this erdo�sement b) The Insurance provided to the additional in- a) The additional insured must give us wntten sured does not apply to"bodily injury", "prop- notice as soon as practicable of an "occur- erty damage" or"personal injury" arising out rence" or an offense which may result in a of the rendetmg of, or failure to render, any csun. To the extent possible, such notice professional architectural, engineering or sur- snould include. i veymg services,including. f. How, when and where the "occurrence" f The preparing, approving, or failing to or offense took place, prepare or approve, maps, shop draw- IL The names and addresses of any injured ings, opinions, reports, surveys, field or- poisons and witnesses,and ders or change erects, or the preparing, approving, of fa;hrg to prepare or ap- ill. The nature and location of any Injury or prove,drawings and specifications,and damage arising out of the"occurrence"or It. Supervisory, inspection, architectural or offense engineering activities CG D2 48 08 05 0 2005 The St Paul Travelers Companies, Inc. Page I of 2 i COMMERCIAL GENERAL LIABILITY i b) If a claim is made or 'suit"is brought against ance provided to the additional Insured by the additional Insured, the additional Insured this endorsement Is primary to "other insur- must ance" available to the additional insured 1. Immediately record the specifics of the which covers that person or organization as a claim or"suit"and the date received;and named ;nsured as describes In paragraph 3. above ii. Notify us as soon as practicable, 5. The following definition is added to SECTION V The additional insured must see to it that we —DEFINITIONS: receive written notice of the claim or"suit"as "Written contract requiring insurance" means soon as practicable, that part of any written contract of agreement o) The additional insured must immediately under which you are required to Include a send us copies of all legal papers tecelved in person or organization as an additional in- connection with the claim or"suit", cooperate sured on this Coverage Par;, provided that j with us in the investigation or settlement of the "bodily injury" and "pioporty damage"oc- the claim or defense against tho "suit', and curs and the"personal Injury"is caused by an otherwise comply with all policy conditions. offense committed. d) The additional insured must tender the de- a. After the signing and execution of the fense and indemnity of any claim or"suit"to contract or agreement by you; any provider of"other insurance"which would b. While that part of the contract or cover the additional insured for a loss we cover under this endorsement. However, this agreement is In effect;and condition does not affect whether the insur- c. Before the end of the policy period I I I Page 2 of 2 ®20D5 The St Paul Travelers Companies, Inc. CG D2 48 08 05 70L,�y � Y - , COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by the endorsement GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described In any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only Limitations and exclusions may apply to these coverages Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS 1 D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS I PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily Injury" or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An Insured, of SECTION II — LIABILITY COV- during the policy period, to be named as an addi- ERAGE tional insured is an "insured" for Liability Cover- An organization you newly acquire or form dur- age, but only for damages to which this insurance Y 9 Y Y q applies and only to the extent that person or Or- in the policy period over which you maintain an Y g p y p anizahon qualifies as an "insured under the i 50% or more ownership interest and that Is not g q Who is An Insured provision contained in Section separately insured for BuSiness Auto Coverage. II. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- C. EMPLOYEE HIRED AUTO I ; ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is eai,ier Who Is An Insured, of SECTION Il — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE. The following is added to Paragraph c, in A.1 , An "employee" of yours Is an "Insured" while Who Is An Insured, of SECTION 11 — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing ! Any person or organization who Is required under duties related to the conduct of your busi- a written contract or agreement between you and ness that person or organization, that is signed and CA T3 53 06 09 ©2009 The Travelers Companies,Inc Page 1 of 4 Includes the copyrighted material of Insurance Services Office,Inc with Its permission , i i COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., United States of America applies to and pro- Other Insurance, of SECTION IV — BUSI- hibits the transaction of business with or NESS AUTO CONDITIONS within such country or Jurisdiction, for Liability b. For Hired Auto Physical Damage Cover- Coverage for any covered "auto" that you age, the following ate deemed to be cov- lease, hire, rent or borrow without a Inver for eyed "autos"you own: a period of 30 days or less and that is not an auto' you lease, hire, rent or borrow from (1) Any covered "auto" you lease, hire, any of your "employees", partners (if you ate rent or borrow, and a partnership), members (if you are a limited (2) Any covered "auto" hired or rented by liability company) or members of their house- i your "employee" under a contract in holds that individual "emoloyee's" name, (1) With respect to any claim made or "suit" with your permission, while perform- brought outside the United States of l ing duties related to the conduct of America, the territories and possessions your business of the United States of America, Puerto However, any"auto"that is leased, hired, Rico and Canada, rented or borrowed with a driver is not a (a) You must arrange to defend the covered "auto"' "insured" against, and investigate D. EMPLOYEES AS INSURED or settle any such claim or "suit" The following is added to Paragraph A.1., Who Is and keep us advised of all pro- An Insured, of SECTION II — LIABILITY COV- ERAGE, (b) Neither you nor any other in- Any"employee" of yours is an "Insured"while us- solved "Insured" well make any i ing a covered "auto"you don't own,hire or borrow settlement without our consent. in your business or your personal affairs (c) We may, at our discretion, par- ticipate in defending the"insured" E. SUPPLEMENTARY PAYMENTS — INCREASED against, or in the settlement of, LIMITS any claim or"suit", 1. The following replaces Paragraph A.2.a.(2), of SECTION II—LIABILITY COVERAGE- (1)We will reimburse the"insured" (1) For sums that the "insured" (2) Up to $3,000 for cost of bail bonds (in- legally must pay as damages cluding bonds for related traffic law viola- because of "bodily injury" or ! tions) required because of an "accident" "property damage" to which I we cover, We do not have to furnish this insurance applies, that these bonds the "insured" pays with our 2. The following replaces Paragraph A.2.a.(4), consent, but only up to the of SECTION II—LIABILITY COVERAGE limit described In Paragraph j 4 All reasonable expenses in by the C., Limit Of Insurance, of ( ) SECTION II — LIABILITY "Insured" at our request including actual COVERAGE, loss of earnings up to $500 a day be- cause of time off from work (ii) For the reasonable expenses incurred with our consent for F. HIRED AUTO — LIMITED WORLDWIDE COV- your investigation such ERAGE—INDEMNITY BASIS claims and your defense of The following replaces Subparagraph e. in Para- the "insured" against any graph B.7., Policy Term, Coverage Territory, of such "suit", but only up to and SECTION IV—BUSINESS AUTO CONDITIONS, included within the limit de- e. Anywhere in the world, except any country or scribed in Paragraph C., Limit jurisdiction while any trade sanction, em- Of Insurance, of SECTION II bargo, or similar regulation imposed by the — LIABILITY COVERAGE, Page 2 of 4 ©2009 The Travelers Companies,Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office,Inc,with Its permission. I COMMERCIAL AUTO I and not in addition to such I. PHYSICAL DAMAGE — TRANSPORTATION limit Our duty to make such EXPENSES—INCREASED LIMIT payments ends when we The following replaces the first sentence in Para- have used up the applicable graph A.4.a., Transportation Expenses, of SEC- limit of insurance in payments TION 111—PHYSICAL DAMAGE COVERAGE- for damages, settlements or defense expenses We will pay up to $60 per day to a maximum of $1,500 for temporary transportation expense in- (2) This insurance Is excess over any valid curred by you because of the total theft of a cov- and collectible other Insurance available ered"auto"of the private passenger type. to the "Insured" whether primary, excess J. PERSONAL EFFECTS contingent at on any other basis This Insurance Is not a substitute for re- The following is added to Paragraph A.4., Cover- (3) quired or compulsory insurance in any age Extensions, of SECTION III — PHYSICAL country outside the United States, Its ter- DAMAGE COVERAGE. ritories and possessions, Puerto Rico and Personal Effects Canada We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are. compulsory insurance in any such coun- (1) Owned by an "insured", and i try up to the minimum limits required by (2) In or on your covered"auto local law Your failure to comply with compulsory insurance requirements will This coverage applies only In the event of a total not invalidate the coverage afforded by theft of your covered "auto" this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3, Exclu- (4) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE United States of America, its territories Exclusion 3.a. does not apply to "loss" to one or and possessions, Puerto Rico and Can- more airbags in a covered "auto" you own that In- furnishing We assume no responsibility for the flate due to a cause other than a cause of "loss" for compliance In any wayy with the laws furnishing of certificates insurance, or set forth in Paragraphs A.1.b. and A,1.c., but of other countries relating to insurance only, G. WAIVER OF DEDUCTIBLE—GLASS a. If that "auto" is a covered "auto"for Compre- hensive Coverage under this policy, The following is added to Paragraph D„ Deducti- b. The arrbags are not covered under any war- ble, of SECTION III — PHYSICAL DAMAGE ranty;and COVERAGE c. The airbags were not Intentionally Inflated. No deductible for a covered "auto" will apply to We will pay up to a maximurn of $1,000 for any glass damage if the glass Is repaired rather than one"loss" replaced L. NOTICE AND KNOWLEDGE OF ACCIDENT OR H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF LOSS USE—INCREASED LIMIT The following is added to Paragraph A.2.a., of The following replaces the last sentence of Para- SECTION IV—BUSINESS AUTO CONDITIONS graph A.4.b., Loss Of Use Expenses, of SEC- TION III—PHYSICAL DAMAGE COVERAGE• Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- However, the most we will pay for any expenses plies only when the "accident" or "loss" is known for loss of use is $65 per day, to a maximum of to. $750 for any one"accident". (a) You(If you are an Individual); CA T3 53 06 09 ®2009 The Travelers Companies,Inc Page 3 of 4 Includes the copyrighted material of Insurance Services Office,Inc with its permission COMMERCIAL AUTO (b) A partner(if you are a partnership); tent required of you by a written contract (c) A member (if you are a limited liability com- signed and executed prior to any "accident" pany), or"loss", provided tnat the"accident" or"loss" arises out of operations contemplated by (d) An executive officer, director or Insurance manager (If you are a corporation or other or- such contract The waiver applies only to the ganizaGon), or person or organization designated in such contract (e) Any"employee"authorized by you to give no- N. UNINTENTIONAL ERRORS OR OMISSIONS tice of the"accident"or"loss" M. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of The following replaces Paragraph A.5 , Transfer SECTION IV—BUSINESS AUTO CONDITIONS- Of Rights Of Recovery Against Others To Us, The unintentional omission of, or unintentional of SECTION IV — BUSINESS AUTO CONDI- TIONS error in, any information given by you shall not i prejudice your rights under this insurance. How- 5. Transfer Of Rights Of Recovery Against ever this provision does not affect our right to col- Others To Us lect additional premium or exercise our right of We waive any right of recovery we may have cancellation or non-renewal. against any person or organization to the ex- Page 4 of 4 ®2009 The Travelers Companies,Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office,Inc with its permission. I • KENT SNINGiON Agenda Item: Consent Calendar - 7D N� TO: City Council DATE: April 16, 2013 SUBJECT: H.D. Fowler Goods & Services Agreement - Authorize MOTION: Authorize the Mayor to sign the goods and services agreement with H.D Fowler Co. to supply material needed to upgrade aged water main and water service lines in an amount not to exceed $21,431.78, including sales tax, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: The City's Water Division annually schedules the replacement of deteriorated sections of the City's water mains. These projects are small in nature and are part of our annual work plan. EXHIBITS: Goods & Services Contract RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None - Funding is budgeted out of the operating budget. REQUEST FOR MAYOR'S SIGNATURE Please Fill in All Applicable Boxes 1'p � KEjJl' pp -/"�- �� t4ie ed by Director Originator's Name: Kevin Swinford Dept/Div. PW Operations/Water Extension: 5610 Date Sent: 4/17/13 Date Required: 4/24/13 Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 90 days VENDOR: H.D. Fowler Company DATE OF COUNCIL APPROVAL: 4/16/13 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for H.D. Fowler to supply materials for the replacement of five 2" galvanized water mains. For additional information, see the attached Council motion sheet. All Contracts Must Be Routed Through The Law Department N... " his area to be completed by the Law Department) Received: APR 1 'd 2013 Approval ofWpF . ,4r ° 'f�J� v ." Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: RI VEU Recommendations and Comments: CC�,I�V APR 19 2013 City of Kent Disposition: apR 9 Office of the Mayor Date Returned: G