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HomeMy WebLinkAboutPW13-172 - Original - Greenman-Pedersen, Inc. - 640 Tank Coating Inspection - 06/25/2013 3 4ecords MwIleme KENO Document W•9NINGTON 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. Greenman Pedersen, Inc Vendor Number: JD Edwards Number Contract Number: 19213- / 7oZ This is assigned by City Clerk's Office Project Name: 640 Tank Coating Inspection Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 6/25/2013 Termination Date: 12/31/2013 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Sean Bauer Department: Public Works Ops - Water Detail: (i.e. address, location, parcel number, tax id, etc.): Coating inspection for interior of 640 tank. s•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT Hl f5 HiN4TON GOODS & SERVICES AGREEMENT between the City of Kent and Greenman-Pedersen, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Greenman-Pedersen, Inc organized under the laws of the State of Washington, located and doing business at 620 North I Street Tacoma, WA 98403 Attn: Alec Angus (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: Vendor will provide labor and materials necessary to perform a coating inspection of the City of Kent 640 zone Water reservoir located at 12525 SE 2481" St. Upon completion of the inspection a written report will be provided to the city with all findings documented during the inspection. For more information see vendor quote dated May 10, 2013 attached to the document and incorporated by this reference 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 by December 31, 2013. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $616.00, 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 (Under$10,000.00, including WSST) Upon completion of work with receipt of written report and invoice the vendor will be paid in full within 30 days. 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 GOODS & SERVICES AGREEMENT - 2 (Under$10,000.00, including WSST) 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 CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. GOODS & SERVICES AGREEMENT - 3 (Under$10,000.00, including WSST) 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 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. GOODS & SERVICES AGREEMENT - 4 (Under$10,000.00, Including WSST) X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 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. GOODS & SERVICES AGREEMENT - 5 (Under$10,000.00, Including WSST) 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 (Under$10,000.00, Including WSST) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: Qze'z-','z ° By: (Z) - (signatkki (signatur Print Name: Alec- 13• At-ju3 Print Name: Bradley Lake Its: As te s 'r ska %lt4w r<51.6d-L-N-* Its: Operations Manager (title) ( DATE: S H- I3 DATE: L NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Greenman-Pedersen, Inc Sean Bauer Alec Angus City of Kent 620 North I Street 220 Fourth Avenue South Tacoma, WA 98403 Kent, WA 98032 253-212-3502 (telephone) (253) 856-5600 (telephone) 253-301-1643 (facsimile) (253) 856-6600 (facsimile) GOODS & SERVICES AGREEMENT - 7 (Under$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this / V day of 12013 . By: For: r,,rrWaN perSe-n Ti c Title: /4691 s 7-01tT J%Ce, r/tiS,Gts. Date: C. y 13 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 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 EX141 �b1TA GPI Greenman - Pedersen, Inc. Engineering and Construction Services May 10, 2013 Mr Sean Bauer Water Quality Supervisor Water Section/Public Works Operations City of Kent 220 Fourth Avenue South Kent, WA 98032 Subject: Quotation for One Year Inspection of Zone 840 Water Tank Dear Sean. Thank you for the opportunity to perform the 1-year anniversary coating inspection on the 640 Tank. We would propose to do a visual Inspection,followed by adhesion testing should there be any signs of delamination We will identify any areas of corrosion such as missed holidays or pinholes, and perform a Shore D hardness test. Unless there are areas that require it, we will do no destructive testing without your authorization. I anticipate that this inspection would take approximately 1 day(8 hours) if the tank has no anomalies that need to be addressed Our fee schedule would be as follows: Mileage-$.50 per mile at approximately 100 miles=$50.00 NACE Certified Inspector-$85 00/hour X 6 hours= $510 00 Total-$560.00 Craig Kuns, NACE Certified Inspector, will be on site Craig was the inspector that did the initial inspection when the tank was coated. I will not be in the country so Craig will do the inspection alone. Assumptions: City of Kent will provide fighting and a hole watch during the inspection. i We will provide a concise report with photos and recommendations as needed. If you have any questions regarding this quotation, please do not hesitate to contact me on my cell,which is 253-886-7383 or via e-mail We look forward to working with the City of Kent again. GPI Alec Angus,NACE 7521 Assistant Vice President Greenman-Pedersen, Inc. Engineering and Construction Services 620 North J Street,Tacoma,WA 98403 p 253 212 3502 1 f 253 301 1643)c 253 886 7383 aangus@gpmet com I mwyMinetxom An Equal Opportunity Employer 620 North J Street,Tacoma,WA 98403 Phone•253-212-3602,Cell:253-886-7383,Fax:253-301-1543 www gpinet.com An Equal Opportunity Emplqyer 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 A:VII. 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. 1 ® DATE(MMIDDIYYYYJ ACORLO CERTIFICATE OF LIABILITY INSURANCE Iiii 6/20/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(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 NAME -706-2973 PG Genatt Grou LLC PHONE p N0, o Ext - - A/C No -516 3333 NEW HYDE PARK RD E-MAIL SUITE 409 ADDRESS NEW HYDE PARK NY 11042 INSURERS AFFORDING COVERAGE NAIC# INSURER A AGCS Marine Insurance CQmpany INSURED GREENMAN INSURER Liberty Insurance r Greenman Pedersen, Inc INSURER Ironshore Indemnity 325 West Main Street(Albany) INSURER Liberty Mutual Insurance Co Babylon NY 11702 INSURER 2aay Mutual Insurance C INSURER F COVERAGES CERTIFICATE NUMBER 477080192 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSRI ICY NUMBER MM/DD/YYYY MM/DD/YYVVI LIMITS B GENERAL LIABILITY TB7Z11260851012 12/31/2012 2/31/2013 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $300,000 CLAIMS-MADE K OCCUR MED EXP(Any one person) $25,000 X Contractual Liab PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $2,000,000 POLICY X PRO- X LOC $ D AUTOMOBILE LIABILITY AS1Z11260851262 12/3112012 2/31/2013 Ea accident $1,000000 Ix ANYAUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ALT NON OWNED PeraccRTYI AMAGE $ HIRED AUTOS X AUTOS B X UMBRELLA LIAR X OCCUR TH7Z11260851022 12/31/2012 2/31/2013 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS MADE AGGREGATE $10,000,000 DED X I RETENTION 10,000 $ p WORKERS COMPENSATION A1Z10260851252 12/31/2012 2/31I2013 X WC STATU- CTH- CRY AND EMPLOYERS LIABILITY YIN FR ANY PROPRIETOR/PARTNER,FXECUTIVE❑ NIA EL EACH ACCIDENT $1,000,000 D OFFICERWEMBER EXCLUDE (Mandatory in NH) E L DISEASE-EA EMPLOYEE S1,000,000 If yes tlescribe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLI CY LIMIT $1,000,000 A Property MX 193046878 2/31/2012 2131,12013 Valuable Papers $25,000 C Professional Liability 00,546100 2/3112012 /30/2014 Each Claim $5,000,000 Aggregate $10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) *WORKERS COMPENSATION NOT APPLICABLE IN MONOPOLISTIC STATES-OH, ND, WA,WV,WY* FOREGOING PER POLICY FORM RE Zone 640 Tank One Year Inspection Additional Insured Status Encompasses General Liability&Automobile Coverage as required by written contract Primary Insurance Status Encompasses General Liability&Automobile Coverage on a Primary and Non-Contributory Basis City of Kent,Water Section/Public Works Operations is included as additional insured as required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent,Water Section/Public Works Operations ACCORDANCE WITH THE POLICY PROVISIONS 220 Fourth Avenue South Kent WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Policy Number TB7-Z11-260851-012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured - Owners, Lessees or Contractors- Scheduled Person or Organization This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. 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"or"personal and advertising injury" caused,in whole or in part,by 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after 1. All work,including materials,parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2. That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project Schedule Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s) ALL PERSONS OR ORGANIZATIONS ALL LOCATIONS AS REQUIRED BY WITH WHOM YOU HAVE ENTERED WRITTEN CONTRACT OR AGREEMENT INTO A WRITTEN CONTRACT OR ENTERED INTO PRIOR TO AN AGREEMENT, PRIOR TO AN "OCCURRENCE" OR OFFENSE. "OCCURRENCE" OR OFFENSE, TO PROVIDE ADDITIONAL INSURED STATUS. ®ISO Properties,Inc.,2004 CC 20 10 07 04 Page 1 of 1 07-04 Policy Number T137-Z11-260851-012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured - Owners, Lessees or Contractors - Completed Operations This endorsement modifies insurance provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE PART 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"or"property damage"caused, in whole or in part,by"your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products-completed operations hazard" Schedule Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization ALL PERSONS OR ORGANIZATIONS WITH ALL LOCATIONS AS REQUIRED BY WHOM YOU HAVE ENTERED INTO A WRITTEN CONTRACT OR AGREEMENT WRITTEN CONTRACT OR AGREEMENT, ENTERED INTO PRIOR TO AN PRIOR TO AN "OCCURRENCE" OR "OCCURRENCE" OR OFFENSE. OFFENSE, TO PROVIDE ADDITIONAL INSURED STATUS. i C ISO Properties, Inc,2004 CG 20 37 07 04 Page 1 of 1 07-04 023201300026300067 Policy Number. T87-Z1 1-260851-012 Issued by: LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY—SCHEDULED ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization: As specified In a written agreement which is signed in advance of the "Occurrence"or offense for which the additional Insured seeks coverage. If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule that is an additional insured on this policy, this policy will apply solely on the basis required by such written agreement If the applicable written agreement does not specify on what basis the liability insurance will apply, this insurance shall be excess over any other valid and collectible insurance available to the additional Insured,whether such insurance is on an excess, oontingenl or primary basis. Condition 4 Other insurance of Section IV is revised accordingly LD 2410 0611 O 2011 Liberty Mutual Group of Companies.AN rights reserved Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Policy NO: AS1-Zll-260651-262 Issued By: Liberty Mutual Insurance Co. Effective Date: 12/31/2012 Expiration Date: 12/31/2013 Sales Office: 0102 CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 DESIGNATED INSURED SCHEDULE Applicable to: CA 20 48 02 99 , MM 99 50 09 98 Name of Person(s) or Organization(s) Any person or organization where the named insured has agreed by written ; contract to include such person or organization as a designated insured. z Page 1 of 1 POLICY NUMBER:T87-Z11-260851-012 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- obligated to pay as damages caused by rences" under Section I — Coverage A, and for all "occurrences" under Section I — Coverage A, and medical expenses caused by accidents under for all medical expenses caused by accidents Section I — Coverage C, which can be attributed under Section I — Coverage C, which cannot be only to ongoing operations at a single designated attributed only to ongoing operations at a single construction project shown in the Schedule below: designated construction project shown in the 1. A separate Designated Construction Project Schedule below: General Aggregate Limit applies to each des- 1. Any payments made under Coverage A for ignated construction project, and that limit is damages or under Coverage C for medical equal to the amount of the General Aggregate expenses shall reduce the amount available Limit shown in the Declarations. under the General Aggregate Limit or the 2. The Designated Construction Project General Products-completed Operations Aggregate Aggregate Limit is the most we will pay for the Limit, whichever is applicable; and sum of all damages under Coverage A, ex- 2. Such payments shall not reduce any cept damages because of "bodily injury" or Designated Construction Project General "property damage" included In the "products- Aggregate Limit. completed operations hazard", and formed!- C. When coverage for liabilityarising out of the cal expenses under Coverage C regardless of the number of: "products-completed operations hazard" is prov- ided, any payments for damages because of a. Insureds; "bodily injury" or"property damage" included in the b. Claims made or"suits"brought; or "products-completed operations hazard" will . Persons or organizations making claims or reduce the Products-completed Operations Agg- regate Limit, and not reduce the General Agg- regate Limit nor the Designated Construction 3. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the Designated Con- has been abandoned, delayed, or abandoned and struction Project General Aggregate Limit for then restarted, or if the authorized contracting that designated construction project. Such parties deviate from plans, blueprints, designs, payments shall not reduce the General Ag- specifications or timetables, the project will still be gregate Limit shown in the Declarations nor deemed to be the same construction project shall they reduce any other Designated Con- struction Project General Aggregate Limit for E. The provisions of Section III — Limits Of Insurance any other designated construction project not otherwise modified by this endorsement shall shown in the Schedule below. continue to apply as stipulated. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit CG 25 03 05 09 0 Insurance Services Office, Inc„2008 Page 1 of 2 Policy NumberTB7-Z1 1-26085 1-01 2 Issued by Liberty Insurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Personal and Advertising Injury Redefined - Definition of Publication This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraphs d.and a of the definition of"personal and advertising injury"are replaced by the following: "Personal and advertising injury"means injury,including consequential "bodily injury",arising out of one or more of the following offenses: d. Oral or written "publication" directly to tire public at large of material that slanders or libels a person or organization or disparages a person's or organization's goods,products or services. e. (1) Oral or written "publication"directly to lire public at large of material that violates a person's right of privacy; (2) Oral or written "publication"of material that violates a person's right of privacy by misappropriation of that person's name or likeness The following definition is added to the Definitions Section: "Publication"means an insureds act of disseminating or broadcasting material orinformation. Publication does not include the wrongful appropriation,interception or retrieval of material or information by a third party or the insureds dissemination or broadcasting of material or information to a person who is the subject of the material or the information. LC 29 04 08 08 Page 1 of 1