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HomeMy WebLinkAboutPW14-062 - Original - TMG Services, Inc. - Clark Springs Clorination Equipment - 03/21/2014 Record M -144 , e m eAfl 1 KENT �� W Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: TMG Services, Inc. Vendor Number: JD Edwards Number Contract Number: p- W i Ll' 6)�,, a- This is assigned by City Clerk's Office Project Name: Chlorination Equipment Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 6/30/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Sean Bauer Department: PW Operations Detail: (i.e. address, location, parcel number, tax id, etc.): Provide chlorination equipment at Clark Springs. S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11108 (CENT GOODS & SERVICES AGREEMENT between the City Of Kent and TMG Services, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and TMG Services, Inc. organized under the laws of the State of Washington, located and doing business at 3216 East Portland Avenue, Tacoma, WA 98404, Phone: (800) 562-2310/Fax: (253) 779-4165, Contact: Mary Gazdik (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 provide two automatic chlorinators, two chlorine injectors, and two automatic switchover vacuum regulators for one-ton chlorine containers for the City's Kent Springs water facility. For a description and Vendor's quote, see Exhibit A which is attached 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 by June 30, 2014. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Two Thousand, Four Hundred Ninety Nine Dollars ($22,499.00), 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 (Over$10,000,00, including WSST) The Vendor shall be paid after delivery of chlorination equipment. 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 - Z (Over$10,000,00, including iNSST) 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) 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) 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 VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for 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) I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code, J. 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: �} �d.t� �, . � Ciu By ' ) ... (signatu ) ej 1 / (signature) Print N ,m,.a e: l� d r =� �� Ct ZCI, Pcfnt Narfie: Suzette Cooke Its ( resi ded1- Its Mayor (titlg) / ,,- DATE: G1. /'q DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Mary Gazdik Timothy J. LaPorte, P.E. TMG Services, Inc. City of Kent 3216 East Portland Avenue 220 Fourth Avenue South Tacoma, WA 98404 Kent, WA 98032 (800) 562-2310 (telephone) (253) 856-5500 (telephone) (253) 779-4165 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department TMG Sarvlcas-Chlorination Ewr,/Bauer GOODS & SERVICES AGREEMENT - 7 (Over $10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. For: �r 1f �r �� V1(,CS �. iJ Title: (-rt"_s, C4e w4 Date: o, 1.)e/w 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 [CENT 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A Scope of work: Vendor shall provide to the City of Kent two automatic chlorinators, two chlorine injectors, and two automatic switchover vacuum regulators for one-ton chlorine containers, in an amount not to exceed $22,499.00 Including sales tax. For a detailed description of the scope of work, see the vendor quote which is attached as Exhibit A and incorporated by reference into this agreement. ii I I j II it 3216 E. Portland Avenue Quality Products-Excellent Service Tacoma, WA 98404 tMu 253-779-4160 SERVICES tmginc@tmgservices.net January 17, 2014 Ron Halverson Kent, City of-Water 220 Fourth Avenue S. 6821 South 240th Kent, WA 98032-59BG Reference:Wallace and Tiernan Clorinators Dear Ron: The quote includes two automatic chloinators and injectors and one pair of switchover vacuum regulators for ton containers.Current lead time is 4-6 weeks. 1 Wallace and Tienan V10K Chlorinator -25 PPD Rotameter -SFC-PC Controller -Panel Mounted 1 Wallace and Tienan V1 OK Chlorinator -50 PPD Rotameter -SFC-PC Controller -Panel Mounted 1 Pair Wallace and Tiernan Vacuum Regualtors -Auto Switchover -200 PPD -Heater and Drip Leg 2 Wallace and Tiernan W Injectors -Nozzle ? -Tailway ? PRICE: $18,611 (Includes Freight)* *Does not include Installation or Start-up Terms&Conditions of Sale: -F.O.B.:Kent,WA -Payment Terms: Net 30 Days -This price is In effect for 00 days. -Submittals, if required,will be provided 2 weeks after receipt of all technical data at T M G Services. -Delivery will be made in approximately 4 weeks after receipt of order and/or approvals and resolution of all necessary technical data at T M G Services. -Quotation prices do not include any sales taxes or any other taxes that may apply. -This quotation Is limited to the products and/or services as listed and excludes any Item or service not specifically listed. Sincerely, T M G SERVICES, INC. Dean Brown Siemens Water Technologies, LLC. 10300 Suncrest Drive SIEMENS Brian F. Shugrue Leavenworth, WA 98826 Regional Sales Manager, Western USA PH: 509-548-6408 FAX: 509-548-2382 Brian shugrue(a)siemens.com August 1, 2013 To Whom It May Concern: This is to confirm that TMG Services is the exclusive authorized Manufacturer's Representative for Siemens Wallace&Tiernan products in the States of Washington, Oregon, Idaho, Montana and Alaska. Brian Shugrue i II EXHIBIT 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. 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 City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. EXHIBIT (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. DATE(MMIDD)YYTY) Atai CERTIFICATE OF LIABILITY INSURANCE 3/10/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Karen Ingram NAME: FAX n g HENTSCHELL & ASSOC INC PHONES: (253)272-1151 INC,No:(253)272-1223 One Pacific Building ADOFESkareni@hentschell.com 621 Pacific Ave., Suite 400 INSURERS)AFFORDING COVERAGE NAIC# Tacoma WA 98402 INSURERANOrth Pacific Insurance Co. 23892 INSURED INSURER B: Ti Services, Inc. INSURER C: 3216 E. Portland Ave. INSURERD: INSURER E: Tacoma WA 98404-4929 INSURER F: COVERAGES CERTIFICATE NUMBERRewrite 13/14 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. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR rypE OF INSURANCE A DLSUBR POLICY EFF POLICY EXPW LIMITS LTR v POLICY NUMBER MMlOD/YYYV MP4DOIYVW GENERAL LIABILITY RRENCE $ 1,000,000 R D100ODD X COMPAERCIAL GENERAL LIAeILRY Ea ocwnencel $A CLAIMS-MADE X�OCCUR X Y 20 17-58-90 12/2/2013 12/2/2014 ny one person) $ 5,000 ADV INJURY S 1,000,000 GGRECATE S 2,000,000 GEN'L AGGRECATE LIMIT APPLIES PER'. -COMP/OP AGO S 2,000,000 POLICY X PRO LOC S AUTOMOBILE LIABILITY I COMBIINE�D SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Par person) $ A ALL OWNED SCHEDULED 20 17-58-90 12 2 2013 2/2/2014 AUTOS AUTOS / / BODILY INJURY(Per accitlan0 $ NON-OWNED PROPERTY DAMAO $ HIRED AUTOS AUTOS Per accident Uninsured motorist combinsd $ X UMBRELLA LIAR OCCUR EACH OCCL'RRENC'c $ 2,000,000 A EXCESS UAB CLAIMS-MADE_ AGGREGATE $ 2,000,000 D-D RETENTIONS 20 17-58-90 12/2/2013 12/2/2014 $ A 15YTLAIMTUTSI I"TH- "XEMPLOYERS'LIABILIW YIN ANY PROPRIETOR/PARTNER/EXECUTIVE NIA (WA Stop Gap) E.L.EACH ACCIDENT $ 1 000,000 OFFICERVFMPFR EXCLUDED? 20 17-58-90 12/2/2013 12/2/2014 (Mandatory in NH) EL.DISEASE-F.A EMPLOYE. $ 1:000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONSI VEHICLES (AUach ACORD 101,Additional Remarks Schedule,U more space is required) Blanket Primary Additional Insured and Waiver of Subrogation as required by written contract or agreement per CG8416 12/03 CERTIFICATE HOLDER CANCELLATION nyoshitake@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 400 West Gowe Kent, WA 98032 AUTHORIZED REPRESENTATIVE Tom Duren/KAI ACO RD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved INS025 pmni ni THo Ar:nran r,,erno.nH L,ton pro rordotororl rnark,„r Arnan C20-17-58-90 Th€G SERVICES INCCOMMERCIAL GENERAL LIABILITY SERVICES 12/02/13 CG 8415 12 03 THIS Ei+UOR EU ENT CHANGES THE POIAGY. PLEASE RI!AD IT CAREFULLY. GENERAL LIAEHLITY MASTER PAT( PLUSO FOR CONSTRUCTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX Subject. Page Blanket Additional Insured (Owners, Lessees or Contractors) 2 Fire, Lightning, Explosion and Sprinkler Leakage Damage to Premises You Rent g Non-Owned Watercraft 4 Supplementary Payments(Bail Bonds) 4 Personal And Advertising Injury- Electronic Publication Extension 5 Aggregate Limits (Per Location) 5 Aggregate Limits (Per Project) 5 Voluntary Property Damage Coverage 6 Off Premises Care, Custody or Control Coverage 6 Newly Formed or Acquired Organizations 7 Duties in the Event of Occurrence, Offense, Claim or Suit 7 Bodily Injury (Mental Anguish) 8 Waiver of Transfer of Rights of Recovery Against Others 8 Medical Payments 8 Broad Named Insured 8 Broadened Mobile Equipment 8 Incidental Malpractice Liability . _ ___ .. _. -_._ _ _ 8 Non-Owned Aircraft 9 Property Damage- Elevators 9 CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with Its permission. Page 1 of 9 EsocW 1. BLANKET ADDITIONAL INSURED (Owners, Lessees Or Contractors) (includes a Prima ry/N1 on-Contri bUtory provision) Section 11 - Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract orwritten agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the"bodily injury,""property damage" or"personal and advertising ri The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a written contract or written agreement, that you own, rent, lease or occupy-, or 2. Caused by your ongoing operations performed for the additional insured. The insurance provided the additional insured in I A.2. above does not apply to: a. Coverage A-Bodily Injury and Property Damage Liability, Coverage B - Personal and Advertising Injury Liability ardefense coverage underthe Supplementary Payments arising out of an architect's, engineers or surveyors rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps,shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. l "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) that was performed by or on behalf of the additional Insured(s) at the site where the covered operations have 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 otherthan another contractor or subcontractor engaged in performing operations for a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III -Limits Of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. CC 8416 12 03 Includes copyrighted material of ISO Properties,inc-,wth Its permission. Page 2 of 9 C 001 00 D. As respects the coverage provided to the additional insured under this endorsement, Section JV- Conditions is amended as follows: t. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim, or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence"or an offense,that may result In a claim or"suit" under this insurance to us; b. Tenderthe defense and indemnity of any claim or"suit"to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit'from the additional insured. 3. The following is added to Paragraph a., primary Insurance of Condition 4.Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis,this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover, 4. The following is added to Paragraph b., Excess Insurance of Condition 4.Other Insurance: Except as provided in Paragraph 4,a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional Insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an "occurrence" by virtue of also being an additional insured on other policies, this insurance is excess overthose other policies. 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I- Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c.through n, do not apply to damage by fire, lightning, "explosion"or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner,-A separate limit of insurance-- applies to this coverage as described in Section III - Limits Of Insurance. B. Paragraph 6. of Section III -Limits Of Insurance is replaced by the following: 6. Subject to S. above,the higher of$300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A for damages because of"property damage"to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one tire, lightning, "explosion"or sprinkler leakage incident. CG 8416 12 03 Includes copyrighted mateYral of ISO Propenfes,Inc.,wrath its pennission. Page 3 of 9 E 602 00 C. Paragraph b.(1)(b) of Condition 4. father Insurance (Section IV—Conditions) is replaced by the following: (1) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owns:; D, Paragraph 9.a. of the definition of"insured contract" in Section V-Definitions is replaced by the following: 9. "Insured contract" means: a. A contract for the lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; E. The following definition is added to Section V ®Definitions: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion" does not include any of the following: 1. Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; 2. Rupture or bursting of water pipes; 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal force. 3. NON-OWNED WATERCRAFT Subparagraph g.(2) of Paragraph 2., Exclusions of Section I -Coverage A is replaced by the following: (2) A watercraft you do not own that is: (a) Less than Sl feet long; and (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS In the Supplementary Payments -Coverages A and B provision: The limit for the cost of bail bonds in Paragraph 1.b. is changed from $250 to $1000. CG 8416 12 03 Includes copyrighted material of ISO Praperfes,Inc.,with its permission. Page 4 of 9 fi 603 On 5. PERSOl1AI-AND ADVERTISING HJURY-ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b., d, and e, of Section V-Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14. "Personal and Advertising Injury"of Section v-Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) An insured; or (b) Any"executive officer"director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of section I- Coverage B - Personal And Advertising Injury Liability are replaced by the following: b. Material Published with knowledge Of Falsity "Personal and advertising injury"arising out of oral,written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Period "Personal and advertising injury"arising out of oral, written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. AGGREGATE LIMITS OF INSURANCE(PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 7, AGGREGATE LIMITS OF 14SURANCE(PER PROJECT) — - -The General Aggregate Limit under Section III Limits Of insurance applies separately to each of your projects away from premises owned by or rented to you. CG 8416 12 03 Includes ocpyTighted material of ISO Properties,Inc.,with its permission. Page 6 of 9 E 604 00 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request, we Will pay for"loss"to property of others caused by your business operations. The most we will pay for this coverage is $600 each "occurrence," The "loss" must occur during the policy period. The "occurrence" must take place in the "coverage territory". "Loss" means unintended damage or destruction. "Loss"does not mean disappearance, abstraction or theft. This coverage does not apply to: 1. Damage arising out of the use of any"auto"; 2. Property you own, occupy, rent or lease from others; or 3. Property on your prennises,for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. 9. OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because Of"property damage"to personal property of others while in your or your"employees"care, custody or control or real property of others over which you or your"employees" are exercising physical control if the "property damage" arises out of your business operations. This Coverage is subject to sections B., C., D. and E. below. B. Exclusions This insurance shall not apply to: 1. "Property damage" of property at premises owned, rented, leased, operated or used by you; 2. "Property damage"of property while in transit, 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by YOU, Unless the "properly damage"is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking, or 4. "Property damage" of property caused by or arising out of the "products-completed operations hazard". C. Limits Of Insurance -The most we will pay for"property damage" under this Section 9. is$25:000 for each "occurrence". The most we will pay for the sum of all damages covered under this section 9. because of"property damage" is an annual aggregate limit of$25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it. D. Deductible -We will not pay for"properly damage" in any one "occurrence" until the amount of "property damage" exceeds $250- If the policy to which this endorsement is attached contains a "property damage"deductible, that deductible shall apply if it is greater than $250, E. In the event of"property damage" covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at Your actual cost, excluding profit or overhead charges. GG 8416 12 03 Includes copyrighted material of ISO Properties,Inc,,With its permission. Page 6 of 9 E60500 10. NEWLY FORMED P ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section II -Who Is An Insured is deleted and replaced by the following- 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: a. Coverage underthis provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to "bodily injury"or"property damage" that occurred before the entity was acquired or incorporated or organized by you. c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you. d, Records and descriptions of operations must be maintained by the first Named Insured. D. This section 10. does not apply to newly formed or acquired organizations if coverage is excluded either by provisions of the Coverage Part or by other endorsement(s) attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE,CLAIM OR SUIT A. The requirements in Section IV-Conditions, Paragraph 2.a.,that you must see to it that we are notified of an "occurrence"applies only when the "occurrence" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV-Conditions Paragraph 2.b.that you must see to it that we receive written notice of a claim or"suit" will not be considered breached unless the breach occurs after such claim or"suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you_area_limited liability company; _ 4. An executive officer or designee, if you are a corporation; & A trustee, if you are a trust;or 6, A designee, if you are any other type of organization. Knowledge of an"occurrence,"claim or"suit" by the agent, servant or"employee"of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent,servant or"employee". 12. BODILY INJURY Paragraph 3. of the definition of"bodily injury" in the Section V-Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Gage 7 Of 9 E 606 00 13.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded,the Medical Expense Limit provided by this policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. 15. BROAD NAMED INSURED Paragraph 2,a.(1)(d) of Section 11 -Who Is An insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. BROADENED MOBILE EQUIPMENT Paragraph 12.f.(i) of Section V- Definitions is replaced by the following: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater; 17. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3. of Section V - Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, disease or"Incidental medical malpractice" sustained by a person, including mental anguish or death resulting from any of these at any time. The following is added to Section V -Definitions: 23. 'Incidental medical malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services to your employees, provided you are not engaged in the business or occupation of providing any services referred to in this definition. 18. NON-OWNED AIRCRAFT The following is added to Subparagraph g. of 2., Exclusions of Section I - Coverage A Bodily Injury And Property Damage Liabilftya (6) An aircraft with a paid crew,that is hired, chartered or loaned but is not owned by any insured, CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with Its permisslon. Page 8 of 9 Ea0700 The following is added to :subparagraph j. of 2., Exclusions of Section I -Coverage A Bodily Injury And Property Damage Liability: Paragraphs(3) and (4) of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. cG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,With its permission. Page 9 of 9 E 908 00 7�, 4 � �+ pat RC�821q local�sel ' �,, ' , �, � S&L�l.^ N9P� aqd usetax must be coded -,qn ` ' 'T SE MUST SERENE , a I iD ANNSTAI,LY$y Nb� 715 fot all ua ifiEd s c v ¢ s arv7tthirrth11 c�Ty afe �� .�.,��. JA1�TUrAR-Y, 31 TOAVQIDPENALTY - �en[t '� � z". � � Issuance of,License Doeg,Not Impl;Llcen9gea � ' , Camp lance S'tate'and Lacal Lads- ' �� � �ss� osr�>�mta coNs�zcuoUs Years 20144 -E�tA$ ;E40R'ASSIGNABLE, ' r DREkgS°Qh�BUSINESS E a C �." - r 32�16 ESP©RTikr,�� k AVM �T]1ed r � t AGO �804 ugzonx�n�sa. }a R PM, s''i s K6TP�1'Ag�NC+PON 98m2 ' VWX WR)NtR93},. x u§'S✓.Rrydv..:y^, 4£Yeh diY..n u_aS _ i �NT Agenda Item: Consent Calendar - 7N TO: City Council DATE: March 18, 2014 SUBJECT: Goods & Services Agreement with TMG Services, Inc. for Chlorination Equipment for Kent Springs - Approve MOTION: Authorize the Mayor to sign a Goods and Services Agreement with TMG Services, Inc. for purchase of chlorination equipment in an amount not to exceed $22,499.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Chlorine is used to kill bacteria and other microbes in the drinking water supply. The chlorination equipment at our Kent Springs source is reaching the end of its service life and needs to be replaced. This purchase would include equipment similar to that used at our other four chlorination sites, which would reduce the amount of repair parts maintained in stock. The purchase from TMG Services is for parts only; Water staff will complete the installation of equipment. EXHIBITS: Goods & Services Agreement with TMG Services, Inc. RECOMMENDED BY: Public Works Committee YEA: Fincher - Higgins - Ralph NAY: BUDGET IMPACTS: There is no unbudgeted fiscal impact as this cost was planned; the ($22,499.00) would come from the Water Utility capital budget. REQUEST FOR MAYOR'SI ATE E T Please Fill in All Applicable Boxes,,- -Originator's Name: Sean Bauer De t/Div. PW Operatipins Extension: 56I6 Date Sent + ,;'a.� Date Required !,:f ^, Return to: Nancy Yoshitake CONTRACT TERMINATION SATE: 6/30/14 VENDOR° TMG Services, Inc. DATE OF COUNCIL APPROVAL 3%`3r/ 3L I,.b ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR. - if applicable Brief Explanation of Document: The attached agreement is for TMG Services to provide chlorination equipment to the Clark Springs water facility, For additional information, see the attached Council motion sheet. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: 'g"q fi ..fl AAA Approval of Law Dept: Law Dept. Comments: A :t4j > 1 ++ '`' ; r° •° Date Forwarded to Mayor: t Shaded Areas To Be Completed By Administration Staff, Received: _ n RECEIVED Recommendations and Comments: _ 3"'P 2w- Disposition +G . CrTy OF KEN7 Date Returned: "ID"Rd� PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, RE. 400 West Gowe ''.. ® Kent, WA 98032 KENT Fax: 253-856-6500 V�ASHIIIUTUI! '.. Phone: 253-856-5500 Memo To; Suzette Cooke, Mayor From: Kevin Swlnford, Interim Water Superintendent Through: Tim LaPorte, Public Works Director Date: January 30, 2014 Regarding: Request for Waiver Pursuant to City of Kent Administrative Policy 1.1 For waiver of three (3) bid requirements - TMG Services, Inc. The City's Public Works Department is requesting you waive the procurement requirements set forth in Administrative Policy 1,1 for.the waiver of the three (3) bid requirements to provide chlorination equipment and rebuild services due to the single source nature of this work. This equipment provides disinfection of the public water supply to help protect the health of the citizens of Kent, and Is on an annual maintenance schedule, Purchases may be waived by the mayor upon a finding that either the materials, supplies, equipment, or services are clearly and legitimately limited to a single source of supply within the near vicinity, or that the materials, supplies, equipment, or services are subject to special market conditions, involve special facilities or services, or that a bid or the bidding requirements of KCC 3,70,030, would otherwise not be practicable or In the cty's best Interest under the circumstances, In which Instances the purchase may be best established by direct negotiation. The clty's water division has requested a quote from our local area vendor (TMG Services, Inc,) to replace one water source's chlorination equipment and provide rebuild services and Inspection of existing equipment at four (4) chlorination facilities. The quote from TMG.Services Includes replacement of two (2) automatic chlorinators, two (2) chlorine Injectors, and two (2) automatic switchover regulators at a cost of$22,499,00 including tax, and service and inspection of chlorination equipment at four (4) water sites that includes disassembling the equipment to check for integrity, replacing all internal components with new maintenance kits, testing, and recertification of equipment at a cost of$4,378.36 Including tax, The,total amount of these two projects Is $26,877.36. Tn4 %s �i� c� Sive a,4012xaj r^ fT sc'+&d1.r 4 4he YM�tw�nal0ta�, The Public Works Department will adhere to Kent City Code section 3.70 related to procurement contracts, In addition to the city of Kent administrative policy 1.1 related to the City's procurement policy. If you approve of this waiver under City of Kent Administrative Policy 1,1, the Public Works Department requests that you indicate your approval by signing below. CITY OF KEN.T —;% _ Suzette ok , , May r Date: PUBLIC WORKS Timothy J. LaPorte, P.E., Director OPERATIONS DIVISION Dave Brock, P.E. ® Interim Operations Manager KENT w"s11."°'°" Phone: 253-856-5600 Fax: 253-856-6600 Mailing Address: 220 Fourth Avenue South Kent, WA 98032-5895 Location Address; 5821 South 240th To: Kevin Swinford, Interim Water Superintendent From: Sean M. Bauer, Water Quality Supervisop Date: January 27, 2014 Re: TMG Services, Inc. Contract for Kent Springs Chlorination Equipment Water Quality Staff is planning to replace the chlorination equipment at our Kent Springs water facility utilizing the same chlorination equipment found at our other water sites that use gaseous chlorination. The current equipment at our Kent Springs facility is getting phased out by the manufacture, and is starting to show deformation in the molded pieces of the body on the chlorinator and vacuum regulators. This project was planned for in our 2014 work plan, and is funded by monies in our water capital budget. We are proposing to replace our current Capital Controls equipment with Siemens Wallace and Tiernan equipment. This is the same equipment currently In use at our Clark Springs, Armstrong Springs, East Hill Well, and Seven Oaks Well facilities which will reduce the amount of spare parts to be kept on hand and reduce annual service costs. TMG Services, Inc. out of Tacoma, Washington, is the only factory authorized sales and service company in the Pacific Northwest that distributes and services this equipment. Documentation to that affect is attached to this memo. The cost for this project is $18,611.00 plus tax and shipping, for a total not to exceed $22,499,00. This purchase is for parts only; the equipment will be Installed by Water Staff. i Scope of work: Vendor shall provide to the City of Kent two automatic chlorinators, two chlorine injectors, and two automatic switchover vacuum regulators for one-ton chlorine containers, in an amount not to exceed $22,499.00 including sales tax. For a detailed description of the scope of work, see the vendor quote which is attached as Exhibit A and incorporated by reference into this agreement. i i Siemens Water Technologies, LLC. 10300 Suncrest Drive SIEMENS Brian F. Shugrue Leavenworth, WA 98826 Regional Sales Manager,Western USA PH: 509-548-6408 FAX: 509-548-2382 brian shugruepsiemens.com August 1, 2013 To Whom It May Concern: This is to confirm that TMG Services is the exclusive authorized Manufacturer's Representative for Siemens Wallace &Tiernan products in the States of Washington, Oregon, Idaho, Montana and Alaska. Brian Shugrue 3216 E Portland Avenue ""'GNMGQuality Products-Excellent Service Tacoma, WA 98404 253-779-4160 SERVICES tmginc@tmgservices.net January 17, 2014 Ron Halverson Kent, City of-Water 220 Fourth Avenue S. 5821 South 240th Kent, WA 98032-5985 Reference:Wallace and Tiernan Clorinators Dear Ron: The quote includes two automatic chloinators and injectors and one pair of switchover vacuum regulators for ton containers.Current lead time is 4-6 weeks. 1 Wallace and Tienan V1OK Chlorinator -25 PPD Rotameter -SFC-PC Controller -Panel Mounted 1 Wallace and Tienan V10K Chlorinator -50 PPD Rotameter -SFC-PC Controller -Panel Mounted 1 Pair Wallace and Tiernan Vacuum Regualtors -Auto Switchover -200 PPD -Heater and Drip Leg 2 Wallace and Tiernan '/<" Injectors -Nozzle ? -Tailway? PRICE: $18,611 (Includes Freight)* *Does not include Installation or Start-up Terms&Conditions of Sale: -F.O.B.:Kent,WA -Payment Terms: Net 30 Days -This price is in effect for 60 days. -Submittals,if required,will be provided 2 weeks after receipt of all technical data at T M G Services. -Delivery will be made in approximately 4 weeks after receipt of order and/or approvals and resolution of all necessary technical data at T M G Services. -Quotation prices do not include any sales taxes or any other taxes that may apply. -This quotation is limited to the products and/or services as listed and excludes any Item or service not specifically listed. Sincerely, T M G SERVICES, INC. Dean Brown REQUEST FOR MAYOR'S SIGNATURE T Please Fill in All Applicable Boxes 11 -ff 4WE wed by Director Originator's Name: Sean Bauer/Kevin Dept/Div. PW',Operations Extension: 5616/5610 Swinford' Date Sent: -�)fi J Date Required: e ra s Return to: NancyYoshitake CONTRACT TERMINATION 'DATE: ' VENDOR: TMG Services, Inc. ; DATE OF COUNCIL APPROVAL: ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: I, Attached is a Request for Waiver to the procurement requirements for a sole source vendor, TMG Services, Inc. The city's Water Division would like to enter into two contracts with TMG Services to provide chlorination system service maintenance at four city well sites, as well as provide chlorination equipment for Kent Springs. I All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department)' a Received: i' Approval of Law Dept., Law Dept. Comments: ECEIVED Date Forwarded to Mayor: ti"Y Shaded Areas To Be Completed By Administration staff , n-W CM C EFIK Received: Recommendations and Comments; a Disposition: Z1 14— Date Returned: flicp O