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HomeMy WebLinkAboutPK14-063 - Original - Station 74 IT Data Center Remodel � p Records Mja � emenl� - g KENT ` w.,„,„Cro„ 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: Dutton Electric Co., Inc. Vendor Number: )D Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Station 74 IT Data Center Remodel Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 03/24/14 Termination Date: 05/09/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Clary Department: Parks Facilities Detail: (i.e. address, location, parcel number, tax id, etc.): ai S:Public\RecordsM a nage ment\Forms\ContractCover\adcc7832 1 11/08 - J t { CONTRACT THIS AGREEMENT, made in duplicate, is entered into between the CITY OF KENT, a Washington municipal corporation ("City"), and Dutton Electric Company, Inc. organized under the laws of the State of Washington, located and doing business at 12407 Mukilteo Speedway, A1701 Lynnwood, WA 98087, Bruce Deane, (425) 347- 7600 ("Contractor"). WITNESS: In consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties agree as follows: 1. The Contractor shall do all work and furnish all tools, materials, and equipment for: City of Kent Fire Station 74 Electrical Improvements in accordance with and as described in the Contract and shall perform any alterations in or additions to the work provided under the Contract and every part thereof. The Contract shall include all project specifications, provisions, and plans; the City's general and special conditions; the 2012 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations, if applicable ("Standard Specifications"); the City's bid documents; and the Contractor's response to the City's bid. The Contractor is responsible to obtain copies of the 2012 WSDOT Standard Specifications including the latest amendments issued by WSDOT as of the date of bid opening. Unless otherwise directed by the City, work shall start within ten (10) days after the City issues its Notice to Proceed and be completed within 45 days. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in the Contract and every part thereof, except as mentioned in the specifications to be furnished by the City. 2. The City hereby promises and agrees with the Contractor to employ, and does employ, the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract and the terms and conditions herein contained and hereby contracts to pay for the same according to the Contract and the schedule of unit or itemized prices provided by Contractor in its response to the City's bid, at the time and in the manner and upon the conditions provided for in the Contract. 3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. ti g emnl and hold the City, its officers, officials, 5. Contractor shall defend, ind fy, Y, employees, agents, volunteers and assigns 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 performance of this contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this contract Is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF 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. The provisions of this section shall survive the expiration or termination of this contract. 6. Contractor agrees, upon the City's written demand, to make all books and records available to the City for inspection, review, photocopying, and audit in the event of a contract related dispute, claim, modification, or other contract related action at reasonable times (not to exceed three (3) business days) and at places designated by the City. 7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the "one call" locator service before commencing any excavation activities. 9. Contractor shall fully cover any and all loads of loose construction materials, Including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City. CITY OF KENT BY: TT OOKE, MAYOR D E: ATTE RONALD F. M RE, CLERK APPRO D AS TO rFM: KENT'LAW DEPARTMENT CONTRACTOR BY: PRINT N E: Bruce Deane TITLE: Vice President DATE: 03/10/2014 v K�NT PAYMENT AND PERFORMANCE BOND WA..'..'°" TO CITY OF KENT BOND NO CSB0002832 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Dutton Electric Company, Inc as Principal, and Contractors Bonding and Insurance Company a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ $53 232 33 , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered Into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of Fire Station 74 IT Remodel Electrical Improvements (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified In said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by PAYMENT AND PERFORMANCE BOND Page 1 of 2 law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. TWO WITNESSES: Dutton Electric Company, Inc PRINCIPAL (enter prir}c� 's name above) BY: o e- TITLE: PRINT NAME ? DATE: D3-I I— I q DATE: CORPORATE SEAL: PRINT NAME DATE: 03 —/ 1 7 Contractors Bonding and Insurance Company SURETY CORPORATE SEAL: BY: DATE: 3/10114 X TITLE: Nancy N Hill,Attorney-In-Fact ADDRESS: 3101 Western Ave Suite 300 Seattle WA 98121 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that Who signed the said bond on behalf of the Principal Of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. SECRETARY OR ASSISTANT SECRETARY I:\1MI\Folmfl�razla,aeteun\YertamenceaoiMAa PAYMENT AND PERFORMANCE BOND Page 2 of 2 POWER OF ATTORNEY RL'® cbic an RLI Dompalq RLI Insurance Company P O Box 3967'Peoria,IL 61612-3967 Contractors Bonding and Insurance Company Phone (800)645-2402 1 Fax (309)689-2036 Know All Men by These Presents That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the approving officer if desired That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company,required for the applicable bond That RLI Insurance Company, a Illinois corporation, and/or Contractors Bonding and Insurance Company, a Washington corporation (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint Holly E Ulfers,Mary A Dobbs,Terri L Franklin,Roxana Palacios,Patricia L Russell,Pamela A Jardine, Steven W.Palmer,Nancy N Hill,iomtly or severally in the City of Seattle , State of Washmgton as Attorney in Fact,with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings,and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 )for any single obligation The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation,and now in force,to-wit "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company,as applicable,have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 26 day of November,2013 09 ` o R G AND ,J CE� LI Insurance Company °Qlb . PPpRq ,y°=; syg:•' ••.;ho'' Contractors Bonding and Insurance Company a. GO _Q`7,'CAPPORAT# _ SEAL �_ = ' • SEAL . ---- 1979 �;' Roy C Die Vice President State of Illinois 1 ' I SS ''��0•�K'7SNIN OtOa��`` `` ,,,''• �b��nlrm0� •,` County of Peoria "" CERTIFICATE On this 26th day of 'November 2013 I, the undersigned officer of RLI Insurance Company, a stock before me, a Notary Public, personally appeared Roy C Die who corporation of the State of Illinois, and/or Contractors Bonding and being by me duly sworn, acknowledged that he signed the above Power of Insurance Company, a Washington corporation, do hereby certify Attorney as the aforesaid officer of the RLI Insurance Company and/or that the attached Power of Attorney is in full force and effect and is Contractors Bonding and Insurance Company, and acknowledged said irrevocable, and furthermore, that the Resolution of the Company as j instrument to be the voluntary act and deed of said corporation set forth in the Power of Attorney, is now in force In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company 4iidior Contractors Bonding and Insurance Company this ,day of ! , �"l RLI Insurance Company Jacqu ne M Bockler Notary Public Contractors Bonding and Insurance Company-- 'OFFICIAL SEAL" rarury Roy C Die -Vice President 12 JACQUELINE M BOCKLER BWEOF ILLMbYB COMMISSION EXPIRES 03/1 Bl14 4675439020212 A0059913 EXHIBIT A 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 A (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. 5'v C 'I �`� CERTIFICATE OF LIABILITY INSURANCE 3/10/20°14' 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 NAME Lindsay Guillory PHONE Ex (425)740-5229 NC No (425)740-5201 Degginger McIntosh and Associates -MAILADDRESS Lindsay@DMAinsurance-com 3977 Harbour Pointe Blvd SW INSURERS AFFORDING COVERAGE NAIC* Mukilteo WA 98275 INSURERA Nationwide Mutual 2.3787 INSURED INSURERS Depositors Ins Co 42587 INSURER C Dutton Electric Company, Inc. INSURERD 12407 Mukilteo Speedway, Suite A-170 INSURERE Lynnwood WA 98 0 8 7-1518 INSURERF COVERAGES CERTIFICATE NUMBER:13-14 GL/BA/SG/UM 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE POLICY NUMBER MMIDD�F PMIIDUCY EXP LIMITS TR A GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Eaocc�rrence $ 100,000 CLAIMS-MADE ❑X OCCUR X ALCPGLO7534719467 0/13/2013 0/13/2014 MED EXP(Any one person) $ 10,000 X CONTRACTUAL LIABILITY PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO F7 LOC $ B AUTOMOBILE LIABILITY COMBINLU lEe accident IN L I 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED kCPBAPD7534719467 0/13/2013 0/13/2014 BODILY INJURY(Per accdent) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peracodent Unirsurcd motorist CSL $ 1,000,000 A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS UAB CLAIMS-MADE ALCPCAA7534719467 0/13/2013 0/13/2014 AGGREGATE $ 5,000,000 DED RETENTION$ MORE $ A WC STATU- X ER OTH- ) (p(EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNERIFJECUTIVE❑ NIA PGL07534719467 0/13/2013 0/13/2014 EL EACH ACCIDENT $ 1 000 000 OER OFRCERlMEM EXCLUDED? STOP GAP (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 fyeS describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) The City of Kent is included as Additional Insured per form CG7157(0804) with respects to any and all operations of the Named Insured. Coverage is Primary and Non-Contributory per the same form Completed Operations applies per form CG7160(0804) . RE: City of Kent Fire Station 74IT Remodel - 24611 116th Ave SE, Kent, WA 98031. 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 ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S Kent, WA 98032 AUTHORIZED REPRESENTATIVE Steven Kelly/LG ACORD 25(2010105) O 19B8-2010 ACORD CORPORATION. All rights reserved. INS025(201101 The ACORD name and logo are registered marks of ACORD f�_ v COMMERCIAL GENERAL LIABILITY CG71570804 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION CONTRACT PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 1. "Bodily injury", "property damage" or "personal include as an additional insured any person or or- and advertising injury" arising out of the ren ganization for whom you are performing opera- dering of, or the failure to render, any profes- tions when you and such person or organization sional architectural, engineering or surveying have agreed in a written contract that such person services, including- or organization be added as an additional insured a. The preparing, approving, or fading to pre- on your policy Such person or organization is an pare or approve, maps, shop drawings, additional insured only with respect to liability for opinions, reports, surveys, field orders, "bodily injury", "property damage" or "personal and change orders or drawings and specifica- advertising injury" caused, in whole or in part, by: tions; or 1. Your acts or omissions; or b. Supervisory, inspection, architectural or 2. The acts or omissions of those acting on your engineering activities behalf; 2. "Bodily injury" or "property damage" occurring in the performance of your ongoing operations after- -for the additional insured a. All work, including materials, parts or A person's or organization's status as an addi- equipment furnished in connection with tional insured under this endorsement ends such work, on the project (other than ser- when your operations for that additional m- vice, maintenance or repairs) to be per- sured are completed formed by or on behalf of the additional in- No such person or organization is an addi- sured(s) at the location of the covered tional insured for liability arising out of the operations has been completed; or "products-completed operations hazard". b. That portion of "your work" out of which the injury or damage arises has been put to its B. The following is added to SECTION III — LIMITS intended use by any person or organization OF INSURANCE: other than another contractor or subcon- tractor engaged in performing operations The limits of insurance applicable to the additional for a principal as a part of the same project. insured are those specified in the written contract D. With respect to the insurance afforded to these between you and the additional insured, or the lim- additional insureds, Condition 4. Other Insur- its available under this policy, whichever are less ance is replaced by the following. These limits are part of and not in addition to the limits of insurance under this policy 4. Other Insurance If other valid and collectible insurance is avail- C. With respect to the insurance afforded to these able to the insured for a loss we cover under additional insureds, the following additional exclu- Coverages A or B of this Coverage Part, our sions apply:I obligations are limited as follows- This insurance does not apply to: CG 71 57 08 04 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 2 a CG 71 57 08 04 a. Primary Insurance When this insurance is excess over other This insurance is primary except when it is insurance, we will pay only our share of the excess as provided under part b , below. amount of the loss, if any, that exceeds the When this insurance is primary, we will not sum of: seek contribution from other insurance (1) The total amount that all such other in available to the person or organization surance would pay for the loss in the shown in the Schedule of this endorsement. absence of this insurance; and b. Excess Insurance (2) The total of all deductible and self- This insurance is excess over insured amounts under all that other in- (1) Any of the other insurance, whether surance primary, excess, contingent or on any We will share the remaining loss, if any, with other basis: any other insurance that is not described in (a) That is Fire, Extended Coverage, this Excess Insurance provision and was not Builder's Risk, Installation Risk or bought specifically to apply in excess of the similar coverage for"your work"; Limits of Insurance shown in the Declara- (b) That is Fire insurance for premises tions of this Coverage Part rented to you or temporarily occu- c. Method Of Sharing pied by you with permission of the owner; If all of the other insurance available to (c) That is insurance purchased by you the additional insured permits contribu- to cover your liability as a tenant for ton by equal shares, we will follow this "property damage" to premises method also Under this approach each rented to you or temporarily occu- insurer contributes equal amounts until it pied by you with permission of the has paid its applicable limit of insurance owner; or or none of the loss remains, whichever comes first. (d) n the loss apses out of the"autos" or If any of the other insurance available to Hance or use a aircraft, "autos" ct the additional insured does not permit watercraft n the extent not subject contribution by equal shares, we will e Exclusion g. of Section I — rov- contribute by limits. Under this method, erty A — Bodily Injury And Prop- each insurer's share is based on the ra- erty Damage Liability do of its applicable limit of insurance to When this insurance is excess, we will have the total applicable limits of insurance of no duty under Coverages A or B to defend all insurers the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the addi- tional msured's rights against all those other insurers All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 Includes copyrighted matenal of ISO Properties, Inc., with its permission. CG 7157 08 04 POLICY NUMBER:ACP GLDo 7534719467 COMMERCIAL GENERAL LIABILITY CG 7160 08 04 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 SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations City of Kent City of Kent Fire Station 741T Remodel 24611 116th Ave SE Kent,WA 98031 Information required to complete this Schedule, if not shown above,will be shown in the Declarations A. Section If — Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tions) 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 endorse- ment performed for that additional insured and included in the "products-completed operations hazard" B. With respect to the insurance provided to the person or organization shown in the Schedule of the Endorse- ment the following provisions apply: 1. We will have the right and duty to defend the additional insured against any "suit" seeking damages to which this endorsement applies However, our duty to defend the additional insured is limited to defending only those claims or "suits" specifically pertaining to "bodily injury" or "property damage" caused by "your work' at the location designated and described in the schedule of this endorsement performed for that ad- ditional insured and included in the "products-completed operations hazard". We will have no duty to de- fend any claims or"suit' pertaining to any other liability on the part of the additional insured. 2. This insurance does not apply to liability arising out of the sole negligence or willful misconduct of the addi tional insured. All terms and conditions of this policy apply unless modified by this endorsement CG71 60 08 04 Includes copyrighted material of Insurance Services Office, Inc with permission. Page 1 of 1 © ISO Properties, Inc ,2004 a 3 KENT Nis HinotoH ' Agenda Item: Consent Calendar - 73 TO: City Council DATE: March 4, 2014 SUBJECT: Fire Station #74 Data Center Remodel Agreement with Dutton Electric Company, Inc. - Authorize 9 MOTION: Authorize the Mayor to sign the contract with Dutton Electric Company, Inc. to perform all work for the new city-wide Data Center at Fire Station #74 in the amount of $53,232.33, including WSST, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: This contract is to provide the electrical capacity to run an uninterrupted power supply unit that backs u power to the city-wide Data Center housed at Fire P PP Y P P Y i Station 74 in the event that main utility power is lost. The completion of this Data Center is a high priority project for the IT Department. EXHIBITS: Draft Agreement RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Budgeted in the IT Data Center Upgrade Project Budget. i REQUEST FOR MAYOR'S SIGNATURE �1 KENT Please Fill in All Applicable Boxes w.,eenoio. Reviewed by Director Originator's Name: Alex Ackley Dept/Div. Parks Facilities Extension: 5081 Date Sent: March 17, 2014 Date Required: 03/24/2014 Return to: Nancy Clary x5084 CONTRACT TERMINATION DATE: 05/09/2014 VENDOR: Dutton Electric Co. Inc. DATE OF COUNCIL APPROVAL: 03/04/2014 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: Dutton Electric Co., Inc. to perform all work to provide the electrical capacity to run an uninterrupted power supply unit that backs up power to the city-wide Data Center housed at Fire Station 74 in the event that main utility power is lost. The completion of this Data Center is a high priority project for the IT department. The contract amount of $53,232.33 including WSST is being funded out of the IT Data Center Upgrade Project Budget. P sis e, l a CCf3 Se ►v Pz, All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: RECEIVED Approval of Law Dept.: Law Dept. Comments: MAR 18 2014 KENT LAW DEFT. Date Forwarded to Mayor: ,/��� t �l 1 1 ,rCltv of Kant 109 Of the Mayor Shaded Areas To Be Completed By Administration Staff Received: RECEIVED ED Recommendations and Comments: MAR 21 2014 Disposition: CITY OF KENT CITY CLERK Date Returned: —; J