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Home My WebLink AboutPK14-254 - Original - Siemens Industry, Inc. - Contract - 10/16/2014 N Ma, a KENOT'I° Document WA9NI NON ]i 3 tub" 01 I 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. i Vendor Name: Siemen's Industry, Inc. Vendor Number: 33599 JD Edwards Number Contract Number: ?K1* This is assigned by City Clerk's Office Project Name: Update HVAC system components at (6) City of Kent facilities. Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment X❑Contract ❑ Other: Contract Effective Date: 10/10/14 Termination Date: 07/31/19 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Clary Department: Parks Facilities I Contract Amount: $43,912.79 Approval Authority: (CIRCLE ONE) Department Director Mayor /)0ty Council Detail: (i.e. address, location, parcel number, tax id, etc.): I As of: 08/27/14 CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES Jeff Watling, Director KENT 220 4Ch Avenue South w.s o*a Kent, WA98032 Phone: 253 856-5100 parksrecreation@kentwa.gov Memo DATE: October 15, 2014 TO: Mayor Suzette Cooke FROM: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Waiver of Procurement Requirements for Siemens, Industry, Inc. Contract REFERENCE, Section 3.70.080 Kent City Code. Number 1.1.4 City of Kent Administration Policy The Parks Department is asking for a written determination waiving the procurement requirements allowed in the Section 3.70.080 Kent City Code and City of Kent Administration Policy Number 1.1.4, specifically for purchases or services between $25,000 to $50,000 for the city's contract with Siemen's Industry, Inc. to replace outdated Siemen's provided Heating, Ventilation, and Air Conditioning (HVAC) systems components. I Contracts in the amount of $25,000 - $50,000 require written bids under City of Kent Administrative Policy 1.1. This city policy requires that before the city can enter into a contract for materials, supplies, equipment, or services, the cost of which will be between $25,000 - $50,000, city staff must obtain at least 3 written quotes. However, because the Siemen's provided MBC field panels are proprietary HVAC equipment and are not made available to other vendors, Siemens is the only company that can provide service and support to Siemens manufactured equipment. Therefore, Park's Department staff requests your approval to enter into direct negotiations with Siemen's Industry, Inc. If you approve of this waiver under City of Kent Administrative Policy 1.1, the Parks, Recreation, and Community Services Department requests that you indicate your approval by signing below. Thank you. Approved: 1/0 ft r , f, Suzette Cpok�, Mayor Date i SIEMENS Industry April 21st, 2014 Mr. Alex Ackley City of Kent Re: Siemens Automation System Support Dear Alex: This is in regards to the required ongoing service and support for the Siemens Automation System which serves most of the City of Kent Facilities. Modular Building Controllers or MBC field panels are proprietary HVAC equipment and that are not made available to other vendors. Siemens is the only company that can provide service and support to Siemens manufactured equipment. This equipment is very technical in nature and requires factory trained service technicians with access to technical service bulletins and regular system updates to insure proper operation and reliability. Accordingly, software updates are only available through the local Siemens office and can only be installed by Siemens service technicians Warranty coverage for our ongoing project work on site is contingent upon proper maintenance and system updates performed by factory trained personnel. Only Siemens field technicians are factory trained personnel and qualified to perform system updates. As a result, ongoing service and support on the Siemens Automation System can only be provided by the local Siemens office. Sincerely, Matt Smart Account Executive I I Siemens Industry, Inc. 22010 SE 515'St. Tel: (425)507-4300 Building Technologies Division USA Issaquah,WA 98029 Fax:(425)507-4350 i ® II WAS H{N GTON PUBLIC WORKS AGREEMENT between City ®f Kent and Siemens Industry, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Siemens Industry, Inc., organized under the laws of the State of Deleware, located and doing business at 22010 SE 515C St, Issaquah, WA 98029, Matthew Smart (425) 281-2438, (hereinafter the "Contractor"), AGREEMENT The parties agree as follows; I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications; Siemens Industry, Inc, will provide new Heating, Ventalation, and Air Conditioning (HVAC) system components at the following City of Kent facilities; Corrections, City Hail, Fire Station 74, Fire Station 75, Senior Center, and Kent Commons, They will replace outdated Master Building Controller (MBC) and Master Equipment Controller (MEC) field panels with a new Modular field panel in accordance with the proposal dated August 13, 2014, which is attached and incorporated as Exhibit A, Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this.Agreement, Contractor shall complete the work described in Section I within 90 days. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed j $43,912,79, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved.by the City. The City's payment shall not .constitute a waiver of. the City's right to final inspection and acceptance of the project. I PUBLIC WORKS AGREEMENT - 1 (Over$1OK, under$50K, and Performance Bond) A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the j Contractor, shall provide the City a payment and performance bond for the full contract amount. B, Retainage, The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60,28 RCW, whichever Is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work, The City reserves Its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without the City's written approval, If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor 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 Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor, D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. 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 Contractor 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 Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed, i C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than .that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PUBLIC WORKS AGREEMENT- 2 (over$10K, under$50K, and Performance Bond) D. The Contractor 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. j i E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW, G. . The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refuse( or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement, C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the.performance of this Agreement. If the Contractor determines, for, any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the PUBLIC WORKS AGREEMENT - 3 (over$10K, under$50K, and Performance Bond) facts and events giving rise to the requested change. If the Cit y determines that the change increases or decreases the Contractor'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 Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. I The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor 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. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, Including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section, The Contractor 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 Contractor 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 Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor'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 Contractor is asserting a schedule change or .disruption. PUBLIC WORKS AGREEMENT- 4 (Over$1OK, under$50K, and Performance Bond) B. Records. The Contractor 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 Contractor'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. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor 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 Contractor 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 Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, Interpretations, and determination), IX. LIMITATION OF ACTIONS. CONTRACTOR 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 CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED, THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD, X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor 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 parts are repaired or replaced, 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 Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor 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. Contractor 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, I PUBLIC WORKS AGREEMENT - 5 (Over$1OK, under$50K, and Performance Bond) XII. INDEMNIFICATION. Contractor 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 Contractor'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 Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. I Should a court of competent jurisdiction determine that this Agreement 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. In the event Contractor 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 Contractor's part, then Contractor 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 Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor 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. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor 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. XV. 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 PUBLIC WORKS AGREEMENT - 6 (Over$1 OK, under$50K, and Performance Bond) 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 XII of this Agreement, D. Wrltten 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 Contractor, 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 Contractor agrees to comply with all federal, state, and j municipal laws, rules, and regulations that are now effective or in the future become applicable j to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I 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. III I PUBLIC WORKS AGREEMENT- 7 (Over$1OK, under$50K, and Performance Bond) i J. Counterparts, This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. i [Print ONTRACTOR: CITY OF KENT: ri : C. 1, r v.t-% F By: r (signature)a ` (signature) " i Name: Print Name: S6zette Cooke VAMIts" Ma r$ V� MOUNTAIN PACFCZGNE e) r(title) , DATE: C{ t.; ; , DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Matthew Smart Alex Ackley, Facilities Superintendent Siemens Industry, Inc. 22010 SE 515t Street City of Kent Issaquah, WA 98029 220 Fourth Avenue South Kent, WA 98032 (425) 507-4348 (telephone) 253 856 5081 p 877-626-9335 (facsimile) ( ) (telephone) (253) 856-6080 (facsimile) APPR VED AST FOR %, Kent Law Department i 'i i PUBLIC WORKS AGREEMENT - 8 (over$1OK, under$50K, and Performance Bond) 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. i 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 compiled with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: 1ii For: Siemens Industry, Inc. RICHARD BURVANT Title: VICE PRESIDENT-MOUNTAIN PACIFIC ZONE Date: ` C, _ f i EEO COMPLIANCE DOCUMENTS - 1 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. I ICI it i I EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement, I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I compiled 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: I I I EEO COMPLIANCE DOCUMENTS - 3 of 3 Bond No. 8238-47-43 I KENT PAYMENT AND PERFORMANCE BOND T." TO CITY OF KENT KNOW ALL. MEN BY THESE PRESENTS; That we, the undersigned, Siemens Industry, Inc.,22010 SE 51st Street,Issaquah,WA 98029 as Principal, and Federal Insurance Company, 15 Mountain View Road,Warren,NJ 07059 j 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 �olntly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ writr wu.M 0.nuMred Th'e'W1. QNIDd m i kaa , 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 city of Kent Multiple Building Migration Project 2 (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: Siemens Industry, cc. PRINCIPAL (ear principal's n e a6ova}' 3lfl�t3 �� 1 t� George T. Burck,Jr.. T� TITLE: Director, SOX& ICS -- D TEi !r R Z c. f DATE: CORPORATE SEAL: Anthony White PRINT NAME s DATE: 712 Federal Insurance Company SURETY CORPORATE SEAL,: BY: Marisol Mojica DATE;September 25 2014 TITLE: Attorney-in-Fact ADDRESS: 15 Mountain View Road,Warren, NJ 07059 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (As istant) SecretaryRf the Corporation named as Principal In the within Bond; that _ Who signed the said bond on behalf of the Principal _. >,r 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 SE RETARY Noe G. Bermudez Assistant Secretary I i PAYMENT AND PERFORMANCE BOND Page 2 of 2 SURETY ACKNOWLEDGEMENT STATE OF NEW JERSEY COUNTY OF MORRIS On September 25, 2014, before me personally came Marisol Mojiea to me known to be an Attorney-in-Fact of Federal Insurance Company, the corporation described in the within instrument, and she acknowledged that she executed the within instrument as the act of the said Federal Insurance Company in accordance with authority duly conferred upon her by said company. i LEANNE LYNSK[Y ' Notary Public N ry Public State of New Jersey My Gommissloa Expires, Mar 18 2017 i i I i I li I C Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren,NJ 07059 �o Know All by These Presents, Thai FEDERAL INSURANCE: COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY,a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Kristin S. Sender,Therese Giraldo, Mary Lawrence, Marisol Mojica and Krystai L.Stravato of Morristown, New each ee their ime and lawful Attomey-in.Fact to execute under such designation In their names and to elsx their Corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and Center writings obligatory In Ire nalure thereof(other than ball bonds)given or executed In the course of business,and any instruments emending or aitePog the same,and constants to ate modficarl or alteration of any instrument referred to in said bonds or obligations. to Witness Whereof,"to FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY haw each executed and attasted these preUslely�nh and aafxedd their CCoorpo(/rate4seior on this--24th day of April,2014. Dawn M.ChWW.Assistant Secretary .Nome,Jr.,Vice Preside 000 o (D . - STATE OF NEW JERSEY as. County of Somerset On this 24th day of April, 2014 before me,a Notary Public of New JEral personally came Dawn M.C1110M.to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M. Chrome, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corpcoate seals thereof,that the seals arrived to the foregoing Power of Ahomey are such Copwate seals and were thereto affixed by authority of the Sy-Laws of said Cartoonist;and that she signed said Power of Attorney as Assistant Seaefary of said Companies by like authority; and that she is acquainted with David G.Norris,Jr„and knows him to be Vice President of said Companies;and(bat the signature of David S.Norte.Jr.,subscribed to end Power oriattomey is in the genuine handwriting of David B.Norris,Jr.,and was hereto subscribed by authority of field By.Laws and in deponent's presence. Notarial Seel KATHERINE J.ADEUNR OTARY NOTARY PUm o mt231 C OF Jt3ISEY �•••o Co es os E ryrtroe July 16,2014 _ Notary Public CERTIFICATION Extract from the By-caws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'Ate powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Asalstard Secretary, under their respective designations.The signature of such omoers may be engraved,printed or lithographed.The signature of each of the following admire:Chairman,President,any Vita President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seat of the Company may as affixed by facsimile to any power of attorney ar to any certificate musing thereto appointing Assistant Secretaries or Attorneys-in,Fact for purposes only of executing and attesting bonds and uMontahirgs and other mimes obligatory In ilte nature thereof,and any such power of attorney or cemimcate bearing such facsimile signature w racalmlle seal shall be veld and binding upon the Company and any such power ad,exaouted and certified by ouch facsimile sgmdvre and racsimile seat shall be valid and binding upon the Company with respect to any bond of undertaking to which it Is attached.' I,Dawn M.Choice,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the'Compantesl do hereby comfy that (I) the foregoing extract of the Sy-Laws of the Companies is we and correct, (h) the Companies are duty licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further, Fedaml and Vigilant ere licensed in the V.3.Virgin Islands,and Federal is licensed in American Samoa,Guam,Puerto Rio,and each or the Provinces of Canada Except Prince Edward Island;and (ill) the foregoing Power of Attorney Is true,carrect and in full farce and effect Given under my hand and seals or said Companies at Warren,NJ this September 25, 2014 ' ,t • Y Dawn M.Chlaroa,Asslat+nl SeaeWry , IN THE EVENT YOU VASNTO NOTIFY US OFA CLAIM,VERIFY THE AUTHENHCFY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PEEA.SE CONTACT US AT ADDRESS Ills LISTED ADOVF OR eY Teivphar�9[eI9a3-aA93 Pax(ate}6D53fiEa e-melt-cur chbbcom i Farmis-1a0usa-U GENCONSENryrw.02-14) FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS,LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31,2013 (in thousands of dollars) LIABILITIES _. AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments................ $ 352,393 Outstanding Losses and Loss Expenses..... $ 12,129,450 - -United-States Government,State and -- -- - Unearned Premiums. ......:: ....::::....... 3,504,583 Municipal Bonds....................................... 9,295,185 Ceded Reinsurance Premiums Payable....... 338,026 Other Bonds...... 5,535,360 Provision for Reinsurance............................ 61,351 Stocks-....................... ..................... 1,000,938 Other Liabilities............................................. 986,628 Other Invested Assets................................... 1,452,598 TOTAL INVESTMENTS............................... 17,636,474 TOTAL LIABILITIES.................................... 17,020,038 Investments in Affiliates: Chubb Investment Holdings,Inc................ 3,364,996 Capital Stock................................................ 20,980 Pacific Indemnity Company........................ 2,771,422 Paid-In Surplus............................................. 3,106,809 Executive Risk Indemnity Inc........ ...____ 1,218,626 Unassigned Funds....................................... 11,613,523 Chubb Insurance Investment Holdings Ltd.... 1,111,941 CC Canada Holdings Ltd............................ 629,592 Great Northern Insurance Company.......... 476,838 SURPLUS TO POLICYHOLDERS........ 14,741,312 Chubb Insurance Company of Australia Ltd. 449,419 Chubb European Investment Holdings SLP.. 281,312 Vigilant Insurance Company....................... 264,883 Other Affiliates............................................ 472,259 Premiums Receivable................................... 1,686,676 Other Assets................................................. 1,494,913 TOTAL LIABILITIES AND SURPLUS TOTAL ADMITTED ASSETS...................... $ 31,761,350 TO POLICYHOLDERS............................. $ 31,761,350 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31,2013, Investments with a carrying value of$452,687,680 were deposited with government authorities as required by law. State,County&City of New York, — as: Yvonne Baker, Assistant Secretary __ of the Federal Insurance Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31,2013 Is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31,2013. Subscribed and sworn to before me this March 11,2014, ,� JEANETTE SHIPSEY Assistant Secretary __ _ Notary Public,State of New York Notary Public No.02SH5074142 Qualified in Nassau County Commission Expires March 10,2015 Po,m 15-10.0.313A(flee 3f14) Bond No. 8238-09-63 M,AIA Document A312TM - 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Siemens Industry,Inc. of business) 22010 BE 51st Street Federal Insurance Company This document has Important legal Issaquah,WA 98029 - - ---.15.Mountain View Road consequences,Consultation with -- - - - Warren,NJ 07059 an attorney Is encouraged with OWNER: respect to its completion or (Name, legal status and address) modification. City of Kent Any singular reference to 220 4th Avenue S Contractor,Surety,Owner or Kent,WA 98032 other party shall be considered plurCONSTRUCTION CONTRACT ALA wherentA312-2 ALA Document A312-2010 Date: August 13,2014 combines two separate bonds,a Performance Bond and a Amount: Forty Three Thousand Nine Hundred Twelve Dollars and 79/100($43,912.79) Payment Bond,Into one form. This is not a single combined Description: Performance and Payment Bond, (Name and location) New HVAC system components for following City of Kent Facilities:Corrections,City Hall,Fire Station 74,Fire Station 75, Senior Center,and Kent Commons Replace Master Building Controller and Master Equipment Controller. BOND Date: September 2,2014 (Not earlier than Construction Contract Date) Amount: Forty Three Thousand Nine Hundred Twelve Dollars and 79/100($43,912.79) Modifications to this Bond: jo None 11 See Section 18 CONTRACTIR AS PRINCIPAL SURETY Company: //� (Corporate Seal Company: (Corporate Seal) Siemens industry,,tr 1c. Federal Insurance Company Signatur Signature: Name -_ Jr. Name Marisol Mojica George T. Burck, and Title: Director,SOX& C and Title: Attorney-in-Fact (Any additional signatures appear on ( e ast page of this Payment Bond) (FOR INFORMATION ONLY—Marne,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Marsh USA,Inc. (Architect, Engineer or other party:) 445 South Street Suite 210 Morristown,NJ 07962 (873)401.6000 Ink. AIA Document A312'"-2010.The Amencan lnstutectAmbitegs. an'n 6 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors j and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the j Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. i §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. --- - - - - §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5'rhe Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13), §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5,1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant;with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's j fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. ! ! §6 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 73,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the lit performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. Ina. AIA Document A112TM—2010.The Amencan Institute of Archaads. 6 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are Ili unrelated to the Construction Contract,The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. --- --§-12 No-suit-or.action shall be.commenced by a Claimant under this Bond other that in a court of competent jurisdiction In the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which-the-last labor or service was performed by anyone or the last materials or __. .._. equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in tho jurisdiction of the suit shall be applicable. I §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein,When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim,A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy or the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment fumished as of the(late of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. I §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms`labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service ar rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in thojurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Intl AIA Document 1%312° -2010.The Amedcanlnshoea of Architects. 7 §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as requiredI under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor, §18 Modifications to this bond are as follows: I I (.Space is provided below for additional signatures of added parties, other than those appearing on the cover page) II CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seat) i Signature: Signature: Name and Title: Name and Title: Address Address CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. i IDtt AIA Documont A912TM-20%The American Insffiute of Architects. 8 i SURETY ACKNOWLEDGMENT STATE OF NEW JERSEY COUNTY OF MORRIS On this September 2, 2014 before me personally came Marisol Mojica to me known, who, being by me duly sworn, did depose and say that she resides in Morristown, New Jersey that she is the Attorney-in-Fact of Federal Insurance Company that corporation described in and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and she signed her name thereto by like order, (SEAL) LEANWE C(NSKE'f Notary I'll" S1afe of New jersey My commission Expires Mar 16, 2017 I I POWER Federal Insurance Company Attn: Surety Department Chubb OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 cFtuee Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hated Y constitute and as oiHit Kristin S. Sender,Theresa Glraldo, Mary Lawrence, Marlsol Moj ry ica and K stal L. Stravato of Morristown, NewJersey---------• ---• ----------- ------ -- —• ------ ---- _- .__- — - ----- --• - —.._..—....-- --�.._.. I each as their true and lawful Attomey-in-Fad to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon of othemse,bonds and undertakings and other writings obligatory In the nature thereof(other than bail bonds)given or executed in the Course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 24th day of April, 2014. r C� _...Dawn M.Chioros,Assistant Secretary _.. D .Norris,Jr Vice Presider <u M1D�STATE OF NEW JERSEY as. County of Somerset On this 24th day of April, 2014 before me,a Notary Public of New Jersey,personally came Dawn M.Chioros,to me known to be Assistant Secretary Of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M. Chioros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the Corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David S.Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B.Norris,Jr.,and was thereto subserbed by authority of said By-Laws and in deponenPs presence. Notarial Seal KATHERINE J.ADELAAR NOTARY OF NEW JE No 2 RSEY r. OTAR{� No 316885 Dr��r+o � Cofnmiuion Efq»roa July ifS,2014 ,�y�, gLS('j Notry Public °WJERg CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed.The signature of each of the following ofgcefs:Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any cargflcale relating thereto appointing Assistant Secretaries or Attorneys-in-Fad for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certffioate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and cert feed by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or underfaking to which it is attached.' I,Dawn M.Chioros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the'Companiesl do hereby certify that (1) the foregoing extract of the By-Laws of the Companies Is We and correct, (I) the Companies are duty licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in the V.S. Virgin Islands, and Federal is licensed in American Samoa,Guam,Puerto Rim and each of the Provinces of Canada except Prince Edward Island;and (in) the foregoing Paver of Attorney is two,correct and in full force and eBed. Given under my hand and seals of said Companies at Warren,NJ this September 2, 2014 Dawn M.Chioros,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE OR BY Telephone Boa)903 3493 Fax(90m 903-3056 'P N(✓ifr1+ bb I Form1540-0220-U GEN CONSENT(rev.02-14) FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31,2013 (in thousands of dollars) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments $ 352,393 Outstanding Losses and Loss Experlses..... $ 12,129,450 United States Government,State and Unearned Premiums.............. ...................... 3,504,583 Municipal Bonds......................................... 9,295,186 Ceded Reinsurance Premiums Payable....... 338,026 Other Bonds.................................................. 5,535,360 Provision for Reinsurance........................ 61,351 Stocks........................................................... 1,000,938 Other Liabilities.........................................,... 986,628 Other Invested Assets....... ...... ........ 1,452,598 '... TOTAL INVESTMENTS............................... 17,636,474 TOTAL LIABILITIES.................................... 17,020,038 Investments in Affiliates: Chubb Investment Holdings, Inc................ 3,364,996 Capital Stock................................................ 20,980 Pacific Indemnity Company........................ 2,771,422 Paid-In Surplus............................................. 3,106,809 Executive Risk Indemnity Inc...................... 1,218,626 Unassigned Funds....................................... 11,613,523 Chubb Insurance Investment Holdings Ltd.... 1,111,941 CC Canada Holdings Ltd............................ 629,592 Great Northern Insurance Company.......... 478,838 SURPLUS TO POLICYHOLDERS.............. 14,741,312 Chubb Insurance Company of Australia Ltd. 449,419 Chubb European Investment Holdings SLP.. 281,312 Vigilant Insurance Company......... ......... 264,883 Other Affiliates............................................ 472,259 Premiums Receivable................................... 1,586,676 Other Assets................................................. 1,494,913 TOTAL LIABILITIES AND SURPLUS TOTAL ADMITTED ASSETS...................... $ 31,761,360 TO POLICYHOLDERS............................. $ 31,761,350 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. At December 31,2013, investments with a carrying value of$452,687,680 were deposited with government authorities as required by law. State, County&City of New York, — as: Yvonne Baker, Assistant Secretary of the Federal Insurance Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31,2013 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 2011 Subscribed and sworn to before me this March 11, 2014. & �! JEANETE SHIPSEY Assistant Secretary Notary Public,State of New York Notary Public V No.02SH5074142 Qualified in Nassau County Commission Expires March 10,2015 Fo,m 15-10-0313A(Rev.3/14) EXHIBIT A SIEMENS Siemens Industry,Inc. 22010 SE 51"St Issaquah,WA 98029 425-281-2438 Customer: City of Kent Proposal No: MSS-COK-I0-FY14 Location: Date;August 13th2014 Proposal: Siemens Building Automation Field Panel Migration Project Siemens is pleased to provide this proposal to the City of Kent for the update of key system components. Siemens proposes to replace existing MBC and MEC field panels with PXC-Modularfleld panel.Siemens will; provide,Install, and configure the below listed components within the existing field panel enclosure,With the migration of these field panels,the City of Kent will extend the life cycle of their existing building automation system while take advantage of the latest technology and features available. Corrections Facility FLNC MEC to PXCM: Price:$7,189 • Demo(1)existing FLNC and(1)existing MEC and extend FLN and Ethernet to the new PXCM panel, • Provide and install(1) MEC DIN rail kits. • Provide Install,and configure(1)PXC-Modular filed panel. • Provide,install,and configure(1)RS-485 connection module. • Provide,Install,and configure(4)TX/10 modules necessary to control existing field panel points, • Provide,Install,and configure(1)TX/10 power supply and(1)TX/10 bus connection module. • Provide and install(1)set of 1-24 address key set, • Provide Siemens project management and specialist labor hours necessary to migrate (1)MEC field Panel. City Hall MBC to PXCM: Price:k0.291 • Provide and install(1)MBC DIN rail kits. • Provide Install,and configure (1)PXC-Modular filed panel. • Provide, install,and configure(1)RS-485 connection module. • Provide, install,and configure (10)TX/10 modules necessary to control existing field panel points, j • Provide, install,and configure(1)TX/10 power supply and(1)TX/IO bus connection module. • Provide and install(1)set of 1-24 address key set, • Provide Siemens project management and specialist labor hours necessary to migrate(1)MBC field Panel. Kent Commons RBC to PXCM: Price:$7,941 • Provide and Install(1)MBC DIN rail kits, • Provide install,and configure(1) PXC-Modular flied panel. • Provide,install,and configure(1)RS-485 connection module. • Provide,Install,and configure (4)TX/10 modules necessary to control existing field panel points. • Provide,Install,and configure (1)TX/10 power supply and(1)TX/10 bus connection module. • Provide and install(1)set of 1-24 address keyset. • Provide Siemens project management and specialist labor hours necessary to migrate(1) RBC field Panel. Siemens Industry, Inc 22010 SE 61"Street Phone 426,281.2438 �! Issaquah,WA 98029 Fax 877,626,3995 Matthewsmart@siemens,com Quotation good for 30 days '.. SIEMENS Fire Stations 74 FLNC to PXCM: Price:$4,894 • Provide and Install(1)FLNC DIN rail kits. • Provide Install,and configure(1)PXC-Modular flied panel. e Provide, install,and configure(1) RS-485 connection module. • Provide and install(1)class 2 transformer • Provide Siemens project management and specialist labor hours necessary to migrate(1) FLNC, I Fire Stations 75 FLNC to PXCM: Price:$4,894 • Provide and install(1) FLNC DIN rail kits. • Provide Install,and configure(1)PXC-Modular filed panel. • Provide,install,and configure(1)RS-485 connection module. • Provide and install(1)class 2 transformer • Provide Siemens project management and specialist labor hours necessary to migrate(1)FLNC. Senior Center FLNC to PXCM: Price:$4,894 • Provide and Install (1) FLNC DIN rail kits. • Provide install,and configure(1) PXC-Modular filed panel. • Provide,install,and configure(1)RS-485 connection module. • Provide and Install(1) class 2 transformer • Provide Siemens project management and specialist labor hours necessary to migrate(1)FLNC. Project Exclusions: • Washington State sales tax • Premium or overtime work. • Preexisting failed devices, • Assumes that Ethernet drops and IP address will be available before Siemens technicians arrive on-site. Total Price:$40,103 Dollars Proposal Accepted: Proposal Submitted: Siemens Industry, Inc. Is authorized to proceed with the Siemens Building Technologies, Inc, work as proposed. I Signature Signature ��.-- Print Name Print Name Matthew Smart Title Title Sales Executive Date I I I I Siemens Industry, Inc 22010 SE 51"Street Phone 425,281,2438 Issaquah,WA 98029 Fax 877.626.3995 Matthew.smad@slemens.com Quotation good for 30 days i EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance 1 The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or In connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles, Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability. Insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, Independent contractors, products-completed operations, personal Injury and advertising Injury, and liability assumed under an Insured contract, The Commercial General Liability Insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability Insurance policy with respect to the work performed for the City using ISO additional Insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 3. Workers`Comoensatlon,coverage as required by the Industrial Insurance laws of the State of Washington. S. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. i 2. Commercial General Lfabiiity 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 j operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance; 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or Insurance pool coverage maintained by the City shall be excess of the Contractor's Insurance and shelf 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 (lability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL 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. i P. subcontractors Contractor shall include all subcontractors as Insureds under its policies-or shall furnish separate certificates and endorsements for each subcontractor, All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. i I ACC>Ra CERTIFICAT OF LIABILITY INSURANCE DATE(MM1DD/YVYY) v✓ 0911112014 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 INSURERS), 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 endorsements). CONTACT PRODUCER MARSH USA,INC. - _ " 445 SOUTH STREET PHONE o,EXt I tare No)_: MORRISTOWN,NJ 07960-6454 E-MAIL ADDRESS,. INSIRER(S)AFFORDINGCOVERAGE NAIC4 100129 6-78A-SBT1-13114 630 Shaver 0704 N0060 INSURER A:HDI-Getling America Insurance Company _ 41343 INSURED INSURER B;Travelers Property Casually Co.of America 25674 SIEMENS INDUSTRY,GIESDIVISION INCLUDING - - �ce _ BUILDING TECHNOLOGIES DIVISION INSURERc;The Charter Oak Fire insurance Company 25815 1000 DEERFIELD PARKWAY INSURER D: BUFFALO GROVE,IL 60089.4513 -" INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-006917725-05 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -"-- We, TYPE OF INSURANCE INSR AID POLICY NUM BER MMJDDYEFF MMIDDY� LIMITS A GENERAL LIABILITY GLDIIID105 1010112013 101011201,1 EACH OCCURRENCE g 1,000,000 X DAMACOTO RENTED 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISES Ee occurrence S __..._ CLAIMS-MADE [X]OCCUR MED EXP(Any one person} a _ 100,000 PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE S 10,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO S _-. _ _.INCL X POLICYEIJECT PRO- Lac S _- B AUTOMOBILE LIABILITY TC2JCAP7440L34AI3 v 10/0112013 JO1W2014 Eo aid DISINGLE LIMIT $ 2,00_0_,000 X ANY AUTO BODILYINJURY(Perperson) S N/A X ALL OWNED SCHAUTEDULED BODILY INJURY(Per NIA To HIRED AUTOS NONOSWNED PROPERTYDAMAGE X Peraaldent s A X UM13RELLA LIAB X OCCUR CU01110205 1010V2013 10I01(2014 EACH OCCURRENCE a 2,000,000 EXCESS LIAB CLAIMS-MADE .AGGREGATE $ 2,000,000 DED RETENTIONS $ C WORKERS COMPENSATION T020UB744OL27113(AOS) 4 10101/2013 101DWO14 XwC STATU- OTH- AND EMPLOYERS'LIABILITY TRJUB7440L28313 AZ,MA,OR&WI 10101(2013 10161(2014 � 1,000,000 B ANY PROPRIETOWPARTNEWEXECUTIVE YIN ( ) E.L.EACH ACCIDENT $ _ OFFICERNEMBER EXCLU3ED9 ) E.L.DISEASE-EA EMPLOYE S B (Mandatory In NH) N NJA TWXJU87440L33613(OH&WA 70N1(2013 tOtOiI2014 1,000,090 If yes,describe under °"$500K LIMIT 1$500K SIR"" 11000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,It more space is required) RE:440P-159935-CITY OF KENT MULTIPLE BLDGS MIGRATION SEE ATTACHED CERTIFICATE HOLDER CANCELLATION CITY OFKENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:NANCY CLARY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2204TH AVENUE SOUTH ACCORDANCE WITH THE POLICY PROVISIONS. KENT,WA 98032 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee -�1L*x4-au-nr.r- ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 100129 LOC#: Morristown ACC)R" ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA,INC. SIEMENS INDUSTRY,INC.INCLUDING BUILDING TECHNOLOGIES DIVISION POLICY NUMBER 1000 DEERFIELD PARKWAY BUFFALO GROVE,IL 60089-4513 j I CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance I RE:440P-159935-CITY OF KENT MULTIPLE BLDGS MIGRATION CITY OF KENT IS INCLUDED AS ADDITIONAL INSURED UNDER THE ABOVE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES AND THE COVERAGE AFFORDED THE ADDITIONAL INSURED UNDER THESE POLICIES SHALL BE PRIMARY AND NON-CONTRIBUTORY INSURANCE TO THE EXTENT THAT A CLAIM ARISES FROM THE NEGLIGENCE OF SIEMENS INDUSTRY, INC.OR ITS SUBCONTRACTORS WITH RESPECTTO ALL OPERATIONS OF THE INSURED BUT ONLY WITH RESPECT TOALL WORK PERFORMED BYAND ON BEHALF OF THE NAMED INSURED, SIEMENS INDUSTRY,INC.FOR CERTIFICATE HOLDER UNDER CONTRACT. THE OWNER AND CONTRACTOR WAIVE ALL RIGHTS AGAINST EACH OTHER AND ANY OTHER CONTRACTOR,SUBCONTRACTORS,SUB-SUBCONTRACTORS,AGENTS,AND EMPLOYEES,FOR DAMAGES OR INJURIES CAUSED BY PERILS TO THE EXTENT COVERED BY INSURANCE,EXCEPT SUCH RIGHTS AS THEY MAY HAVE TO PROCEEDS OF SUCH INSURANCE HELD BY THE OWNER ASA FIDUCIARY, IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM,THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT,WHICHEVER IS LESS. I I ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICYNUMBER: GLD11101-05 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations ANY PERSON OR ORGANIZATION REQUIRED BY ALL LOCATIONS WHERE THE INSURED IS WRITTEN CONTRACT PERFORMING ONGOING OPERATIONS FOR AN ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule if not shown above w ll be shown in the Declarations. A. Section 11 —Who Is An Insured is amended to B. With respect to the insurance afforded to these Include as an additional insured the person(s) or additional Insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This Insurance does not apply to "bodily Injury"or damage" or "personal and advertising injury" 'property damage"occurring after: caused,in whole or in part,by: 1. Your acts or ornissions;or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been orleted mp ; designated above. co ; 2. That portion of "your work" out of which the 1QThe However: 2. afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CO 2010 04 13 t0 Insurance Services Once, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or I i Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 04 13 i POLICY NUIMER: TC2J-CAP-7440L34A-13 i COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident', provided that the"accident' arises out of operations contem- plated by such contract.The waiver applies only to the person or organization designated in such contract. I i CA T3 40 02 99 Page 1 of 1 i POLIOYNUMBER: GLD11101-05 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US i This endorsement modifies insurance provided under the following: I COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or organization: ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. i i I CG 24 04 05 09 © Insurance Services Once, Inc., 2008 Page I of 1 ❑ Adak TRAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 0313 (00)_ POLICY NUMBER: TC20UB-7990L27-1-13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 the person or organization named in the Schedule. (This agreement applies only to the extent that 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 any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHOM A WAIVER OF SUBROGATION IS REQUIRED BY CONTRACT OR AGREEMENT OR PERMIT, BUT COVERAGE IS LIMITED TO THE SCOPE OF THE WORK PERFORMED BY THE INSURED UNDER SUCH CONTRACT, AGREEMENT OR PERMIT. I DATE OF ISSUE: 09-09-13 STASSIGN: City of Kent • Business License ICENT WAeHINOTON , SIEMENS INDUSTRY,INC. 8440 ALLISON POINTE BLVD,STE 300 INDIANAPOLIS,IN 46250 a _ . . Please tear at perforation BUSINESS LICENSE Per izCws2.usidealsales and use to-must Be coded LICENSE MUST BE RENEWED ANNUALLY BY No,1715 for all qualified //,�,/,.�.�• JANUARY 31 TO AVOID PENALTY sales within the city of TIssuance of License Does Not Imply Licensee's Kent. wASHiNOTON Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS Year : 2014 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLOC-2130028 DUCHARME,MCMILLEN&ASSOCIATES MAYOR 8440 ALLISON POINTE BLVD STE300 The City Of Kent INDIANAPOLIS,IN 46250 A[220 4TEi AYE SO , RENT,WASRINGTON 98m2 '