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HomeMy WebLinkAboutPW14-329 - Original - Ferguson - Lindetal Pump Station Isolation Valve Installation Project - 12/16/2014 ,Records , anaeme*vile KENT �.. Document r $ 42 T;xrx .r -3 CONTRACT COVER SHEET i 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: Ferguson Vendor Number: JD Edwards Number Contract Number: Vw i Li - '"6�y 3 This is assigned by City Clerk's Office Project Name: Lindental Pump Station Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Rob Lovell Department: PW Operations Contract Amount: $23,169.04 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide a 24-inch stainless steel knife valve, extension stem/supports, and a 24" x 10"_ SDR 35 spool for the Lindental Pump Station Isolation Valve Installation Project. As of: 08/27/14 i C t�Et�T G®►ODS & SERVICES AGREEMENT between the City of Kent and Ferguson THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Ferguson organized under the laws of the State of Washington, located and doing business at 3517 Pacific Highway E., Tacoma, WA 98424, Phone: (253) 922-9060/Fax: (253) 922-2813, Contact: Marshall Moffat (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall provide a 24-inch stainless steel knife valve, extension stem/supports, and a 24" x 10" SDR 35 spool for the Lindental Pump Station Isolation Valve Installation Project. For a description and Vendor's quote, see the Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. i II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2014. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Three Thousand, One Hundred Sixty Nine Dollars and four cents ($23,169.04), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: it I i GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) I I The Vendor shall be paid after delivery of supplies that are listed in the Vendor's quote and attached as Exhibit A. j i If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. i F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. i i VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY I GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. PRODUCT WARRANTY. Full manufacturer's warranty and service obligations, if any, shall be for the benefit of Buyer and/or end user. Supplier shall coordinate manufacturer warranty service with the end user at Buyer's request. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, I i GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's negligent acts in performance of this Agreement. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. In addition, the City agrees to the following terms provided by the Vendor: Vendor agrees to maintain 1) Worker's Compensation coverage as required by applicable state law, 2) $2 million in general liability insurance, and 3) $1 million in automobile liability coverage. At any time, Buyer may request certificate of insurance indicating coverage in effect. Buyer hereby acknowledges and agrees that any certificate of insurance provided by Supplier to Buyer meets any Buyer insurance requirements in the Contract or otherwise. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. I I I GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) I A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and j municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Over$10,000,00, including WSST) I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: (signature) ( ' ture) Print Name: �AA', Print Name: Suzette Cooke Its 4S c;.9_¢-.s lM.04A -F EA, Its Mayor DATE: 1 �z�1r/ tle) DATE: fit ` NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Marshall Moffat Timothy J. LaPorte, P.E. Ferguson City of Kent 3517 Pacific Highway E. 220 Fourth Avenue South Tacoma, WA 98424 Kent, WA 98032 (253) 922-9060 (telephone) (253) 856-5500 (telephone) (253) 922-2813 (facsimile) (253) 856-6500 (facsimile) APPR VED AS TO FO M, t Kent Law Department I I Ferguson-Lidental PS/Lovell III i GOODS & SERVICES AGREEMENT 7 (Over$10,000.00, including WSST) i 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 complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: i For: Z Wow Title: C J�4 mho S Date: Ir,l i I EEO COMPLIANCE DOCUMENTS - 1 of 3 EXHIBIT A Lindental Pump Station Isolation Valve Installation Scope of work This is a Good &Services Agreement for a 24 inch stainless Steele knife valve, Extension stem/supports and a 24"x 10"sdr35 spool to connect to the existing pipe.These are the key components of this project. I requested that the valve and all Its components be SS316 grade or higher.These parts will be exposed to the corrosive environment of a sewer manhole. Installing a quality valve will ensure proper operation,dependability and will allow a longer replacement cycle. The valve stem will be brought to the surface.This will allow operation of this valve without having to make a confined space entry.This valve will also allow isolation of the incoming flows to the station without having to use a pneumatic plug. Failure of a plug could cause engulfment for those employees in the stations wet well. My Solicited bids are as follows. Ferguson Tacoma/Proposed Contractor HD Fowler/did not return bid HD Supply/did not bid a comparable product/incomplete bid. ICI i I I! Lovell, Rob From: Marshall Moffat-3006 SEATTLE <marshall.moffat@ferguson.com> Sent: Friday,September 26,2014 1:19 PM To: Lovell, Rob Subject: Email Bid#B105706 THANK YOU -- — MARS14ALL j Price Quotation # B106706 I FEI - TACOMA #3006 3517 PACIFIC HIGHWAY,EAST TACOMA,WA 98424 Phone:253-922-9060 Fax:253-922-2813 i Bid No.......: B105706 Bid Date...: 09/26/14 Cost Phone: 253-856-5230 Quoted By: MOM Terms.........: NET 10THPROX Customer.: CITY OF KENT Ship To.......: CITY OF KENT 220 4TH AV ,S 220 4TH AVE S KENT,WA 98032-5895 KENT,WA 98032-5895 Cust POd1..: Job Name.: Item Description Quantity Net Price UM Total FNW68BB24 �0214 24 SS 316 BONA LUG 13D KG V `' 13636.360.1 EA 13636.36 rSP-FNW36OSSSEXT 360"SS STEM EXTENTION 1 4206.000�F� 4206.00 SP-2"SQUAREOPNUl' T"SQUARE OP.NUT '1 I 0.000 EA I- 12 SUPPORTS REQUIREDr �— ��� I TOP&1 HALF WAY DOWN �DELTVERY 12 WORKING DAYS WIDEST PART OF VALVE 8' 5-24XSDR35FASSBR 24"FLGX 24SDR35 ADAPT WSS RING 1 3316.580 F.A. 3316.58 W/24"PUP Subtotal: $21158.94 Inbound Freight: $0.00 Tax: $2010.10 Order Total: $23169.04 Quoted prices are based upon receipt of the total quantity for immediate shipment(48 hours).SHIPMENTS BEYOND 48 I it EXHIBIT S 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. i 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. 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. 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. I i EXHIBIT B (Continued) i 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested; has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. i ® II A�RD DATE CERTIFICATE OF LIABILITY INSURANCE page 1 of 3 12/(05/2014) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsoment(s). PRODUCER CONTACT NAME Willis of Maryland, Inc. PHONE FAX c/o 26 Century Blvd. 4.(A(C,Nn FXm -,945-73-7.8 .. pl. 888-467-2378 P. O. Be. 305191 E-MAIL Nashville, TN 37230-5191 iADORESP' certificates@wi_llis.com _,. ... INSURER(S)AFFORDING COVERAGE NAIC$ INSURERA: National Union Fire Ina. Co. of Pittsburg 19445-002 INSURED -_ _._. __ ..._ _. _ ......LINSURER B: National Union Fire Ins. Co. of Pittsburg 19445-000 Ferguson Enterprises, Inc, and Subsidiaries (See Attached Named Insured Schedule) _INSURER C:Kati ona l Union Fire Ins. Co. of Pittsburg 19445-001 12500 Jefferson Avenue INSURERS:New Hampshire Insurance Company 23841-001 Newport News, VA 23602 INSURER E: INSURER F: COVERAGES CERTIFICATE N UMBER:22406246 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR�, TVPE OFINSURANCE IADDL SU0 POLICY NUMBER POLICYEFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY I y GL2047420 8/1/2014 8/1/2015 EDpAApCMMHpGOOFFCICT'UUR�RENCE S 2,000 000_...-. CLAIMS-MADE_ .,OCCUR Ili YHEMISES(ca Deco�nce) 5 1.s000 000.._ ! MED EXP(Anynnoperson) $ 10.,000 PERSONAL B ADV INJURY _..$ 2000,.000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 5,0Q0 000 POLICY I XJ JECCT ..J LOC PRODUCTS-COMPtOPAGG_ $ 2,000 000 OTHER: $ COINE g AUTOMOBILE LIABILITY I 'A OS CA5873983 8/1/2014 8/1/2015 JEa acM0cidenDSROLE LIM ITt)- -5 5,000,000 B X ANY AUTO Y IMA CA5873984 8/1/2014 '8/l/2015 BODILY WJURY(Perpersun) IS Lr ALL OWNED F ISCHEDULED y 'VA CA5873965 8/1/2014 8/1/2015 BODILY INJURY(Peraasded) IS AUTOS - E % HIRED AUTOS X NON CS {PRorOa RT 0 I A� S -._- _. AUTOS X self- -X X Physical $ Insured Dame e UMBRELLALIAB OCCUR EACHOCCURRENCE $ EXCESS LIAR CIAIMS MADE AGGREGATE 6 DED ! RETENTIONS $ D WORKERS COMPENSATION WC037083115 8/1/2014 S/1/2015 X PER AND EMPLOYERS'LIABILITY STATUTE_ ANY PROPRIETOR/PARTNERfEXECUTIVE YIN E.L.EACH ACCIDENT $ 2,OOOr 000 OFFICEWMEk1 DER EXCLUDED? �INfA ryMi ndatoryin NH) EL DISEASE-EA EMPLOYEE $ 2,000,000 �r yas,describe under DE SC RIPTIONOFOPERAlONSILNbw EL DISEASE-POLICYLIMIT $ 2,000,000 - -7 DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES(ACORD i0i,Additonal Remarks Schodulo,may In attached It more space P required) Store 2439 Seattle See Attached for Additional Workers' Compensation Policies: CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent AUTHORIZED REPRESENTATIVE Attn: Nancy Yoshitake 220 4th Ave. S. Kent, WA 98032 � Co11:4576317 Tp1:1843352 Cart: 06246 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD i AGENCY CUSTOMER ID: 031419 LOC#: _..... ..._. `'u ADDITIONAL REMARKS SCHEDULE Page-2-of AGENCY NAMED INSURED Ferguson Enterprises, Inc, and Subsidiaries Willis of Maryland, Inc. _.. (See Attached Named insured Schedule) POLICY NUMBER ue Newport News, VA 23602 See First Page CARRIER NAIC CODE See First Page EFFECTIVEDATE: See First Page ADDITIONAL REMARKS i THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 ._..FORM TITLE: ,CERTIFICATE OF LIABILITY INSURANCE Workers' Compensation - ME Policy No. WC0370 83119 Plirrio001/2 14sur8/01/20pp any Policy Period: 0 0 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Employee 2 000,000 EL Disease - Policy Limit $ ,600,000 Workers' Compensation - CA Policy No. WC037083120 of Policy Period:arrier: Ins. 008/01/2014S ta08/01/2015 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Emplo ee gg2 000 000 EL Disease - Policy Limit $2,800,600 Workers' Compensation - FL Policy No. WC037083121 Carrier: New Hamppgghi a Insurance Corn any Policy Period: 08(012014 - 08f01f2015 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Emplo ee 2 000 000 EL Disease - Policy Limit $ ,600,600 Workers' Compensation - OR Policy No. WC037083122 Carrier: New Hamppshire Insurance Comppany Policy Period: 08/01/2014 - 08/01/2015 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Employee gg2 000 000 EL Disease - Policy Limit $2,600,600 Workers' Compensation - WI j Policy No. WC037083123 Carrier: Illinois Na ional Inayyranee Company Policy Period: 08/0V2014 - 08{01f2015 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Emplo ee 2 000 000 EL Disease - Policy Limit $ ,600,600 Workers' Compensation - MA Policy No. WC037083124 Carrier: Ins. Co. of the State of PA Policy Period: 06/01/2014 - 08/01/2015 Statutory Limits: EL Each Accident $2,000,000 e - Each Eppgg EL Disease - PolicymLimite$2, 00,6000 000 Workers' Compensation - AK, AZ, GA & VA Policy No. WC0037083118 Carrier: New Hanrp a Insurance Com any Policy Period: 0 /01 2014 - 08/01/2035 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Employee $2,000,000 ACORD 101 (2008101) Coll:4576317 Tpl:1843352 Cert:22406246 ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 031419 LOC#: "l�® ADDITIONAL REMARKS SCHEDULE Page 3_of _3_ . AGENCY NAMED INSU REO i Ferguson Enterprises, Inc. and Subsidiaries Willis of Maryland, Inc. _ (See Attached Named Insured Schedule) POLICY NUMBER 12500 Jefferson Avenue Newport News, VA 23602 See First Page_ CARRIER NAIL CODE See First Page EFFECTIVE DATE: See First Page ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, 'I FORM NUMBER: 25 ._....FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE _ EL Disease - Policy Limit $2,000,000 , Workers' Compensation - NJ & PA I, Policy No. WC037083117 Carrier: New Ham rrhira Insurance Com any Policy Period: N 01/2014 - 08/01/2015 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Employee 2 000 000 EL Disease - Policy Limit $ ,b00,b00 Workers' Compensation - IL, KY, NC, NH, UT & VT Policy No. WC037083116 Carrier: New Hamppshi a Insurancqe Company Policy Period: 08/01 2014 - 08/0 2015 Statutory Limits: EL Each Accident $2,000,000 EL Disease - Each Employes 2 000 000 EL Disease - Policy Limit $ ,600600 City of Kent is included as an Additional Insured under General and Auto Liability as required by written contract but only with respect to liability arising out of Named Insured's operations. General Liability policy shall be Primary and Non-Contributory with any other insurance in force for or which may be purchased by Additional Insured. i i i ACORD 101 (2008101) Coll:4576317 Tp1:1843352 Cert:22406246 ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD i Willis Ferguson Enterprises, Inc. and Subsidiaries. List of Named Insureds Air Cold Supply Ferguson Enterprises NY—Metro, Inc. Air Cold Supply/Webb Distributors Ferguson Fire &Fabrication, Inc. Alamo Pipe& Supply Ferguson Fire & Fabrication, Inc. (fka Sierra Alaska Pipe & Supply Craft, Inc.) Build.com, Inc. Ferguson Full Service Supply CAL-STEAM, a Wolseley Company Ferguson Heating &Cooling Camellia Valley Supply Ferguson Holdings, Inc. Castle Supply Company, Inc. Ferguson Hospitality Sales CastleNorth Ferguson Industrial Plastics and Pump CFP Division Chadwick Ferguson Integrated Systems Division, Inc. Clayton Group, Inc. Ferguson Intermountain Piping Clayton International, LLC Ferguson International Cline Contract Sales Ferguson Process Services Colgan Cabinets Ferguson Valve& Automation Colgan Distributors Ferguson Waterworks Crow Company Ferguson Waterworks -Midwest Pipe D & C Plumbing&Heating Supply Ferguson Waterworks -Municipal Pipe Davis &Warshow, Inc. Ferguson Waterworks - Red Tied Davidson Electric Wholesale Supply Ferguson Waterworks EPPCO The Davidson Corporation, a Delaware Ferguson Waterworks International Corporation Frischkorn, Inc. The Davidson Group Companies,Inc Galleria Bath &Kitchen Showplace Davidson Group Leasing Gilmour Supply Company, Inc. Davidson Pipe Company Inc., a New York Ferguson Enterprises, Inc. dba Groeniger & Corporation Company Davidson Pipe Supply Company, Inc. Gulf Refrigeration Supply Davies Water HP Logistics, Inc. Decorative Product Source, Inc. HP Products Corporation E & J Plumbing &Heating Supply Co. High Country Plumbing Supply Economy Plumbing and Heating Supply Co. Home Equipment Company, Inc. Endries International of Canada,Inc. Indiana Plumbing Supply Co., Inc. Endries International, Inc. Industrial Hub of the Carolinas Energy& Process Corporation J&G Products Factory Direct Appliance J.D. Daddario Company Ferguson Bath Kitchen and Lighting Gallery Joseph G. Pollard Co., Inc. Ferguson Enterprises IV,Inc. Kandall Fabricating Ferguson Enterprises of Montana, Inc. Karl's Appliances, A Ferguson Enterprise Ferguson Enterprises of Virginia, Inc. Lane Piping Co. Ferguson Enterprises V, Inc. Lawrence Plumbing Supply Co. Ferguson Enterprises, Inc. Lincoln Products Ferguson Enterprises, Inc. dba WPCC Linwood Pipe and Supply Forwarding Louisiana Utilities Supply Company Ferguson Enterprises, Inc. A Corp of Louisiana Chemical Pipe, Valve &Fitting, Virginia Inc, dba Wolseley Industrial Group i Willis Ferguson Enterprises, Inc. and Subsidiaries. List of Named Insureds LUSCO Wolseley North American Services, Inc. Lyon Conklin & Co., Inc. WPCC Forwarding Mastercraft Cabinets i Monotube Pile Corporation Northern Water Works Supply, Inc. Onda-Lay Pipe and Rental, Inc. Page's Appliances Palermo Supply Park Supply Pipe Products Plumbing Decor Plumb Source Powell Pipe& Supply Company Power Equipment Direct Inc. R Supply Company Record Supply Company Reese Kitchen, Bath & Lighting Gallery S.G. Supply Company S.G. Supply Company dba SG Supply Co., a Ferguson Enterprise Sierra Craft, Inc. SOS Sales Specialty Pipe & Tube, Inc. Specialty Pipe& Tube of Texas, Inc. Summer&Dunbar Supply North Central Group Stock Loan Services LLC Tarpon Wholesale Supplies T &A Valve Industries, Inc. The Parnell-Martin Companies LLC The Plumbers Warehouse The Stock Market Tubeco Fabrication, Inc. United Automatic Water Works Supplies Webb Distributors Western Air Systems and Controls, Inc. WIA of California, Inc. Wolseley Industrial Group Wolseley Industrial Plastics Wolseley Investments Acquisitions, Inc. Wolseley Investments, Inc. Wolselely NA Construction Services, LLC Wolseley North America, Inc. Wolseley North American Consulting, LLC I I I i i ENDORSEMENT This endorsement, effective 12:01 A,M, 08/0).J2014 forms a part of policy No.GL 2047420 Issued to WOLSELEY INVESTMENTS, INC i by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA I THIS ENDORSEMENT CHANGES THE.POLICY. PLEASE READ IT CAREFULLY. i I ADDITIONAL INSURED-OWNERS, LESSEES, OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies'Insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION: AND ANY OTHER ENTITY AS REQUIRED IN THE OgNF.R%CONTRACTOR AGREEMENT i fit no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) - A. SECTION II-WHO IS AN INSURED is amended to include as an insured; - The person or organization shown in the schedule, but only with respect to liability arising out of your ongoing operations performed for that additional insured. B. With respect to the Insurance afforded to these additional insureds, SECTION I COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2, Exclusions, is amended to include the following additional exclusion; This insurance does not apply to "bodily injury" or"property damage"occurring after: (1) all work, Including materials, pares or equipment furnished in connection with such - work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional inaured(s) at the site of the covered operations has been completed; or, 121 that portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the some Project. All other terms and conditions remain unchanged. �rized Re resentative o� CountersigQnature go States Where Applicable) 97838 (4108) Includes copyrighted materiel or Page 1 of 1 Insurance Sewicss union,Inc.,with its permission. I ENDORSEMENT This endorsement, effective 12:01 A.M. 08/01/2014 forms a part of Policy No. GL 2047420 Issued to: Ferguson Enterprises, Inc. and Subsidiaries (See Attached Named Insured Schedule) by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA ADDITIONAL INSURED — OWNERS, LESSEEES, OR CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION: AND ANY OTHER ENTITY AS REQUIRED IN THE OWNER/CONTRACTOR AGREEMENT LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: ADDITIONAL PREMIUM: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) SECTION II—WHO IS AN INSURED is amended to include as insured: The person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". All other terms and conditions remain unchanged. ,41 d AUTHORIZED EPRESENTATIVE 97837 04108 Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 1 of 1 REQUEST FOR`MAYOR'S SIGNATURE �T Please Fill in All Applicable Boxes xiiAewed by Director r' Originator's Name: Rob Lovell Dept/Div. PW Operations Extension: 5641 Date Sent: rat�rr �_ Date Required: a1,F m Return to. Nan CONTRACT TERMINATION DATE. 12/31/14 VEN1)ORa Fer uson DATE DE COUNCIL APPROVAL: 11J4j14 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable B e Explanation of Document: The attached agreement is for Ferguson to provide rovide a 24-inch stainless steel knife 'valve, extension stem/supports, and a 24" x 10" SDR 35 spool for the Lindental Pump Station isolation Valve installation Project. For additional information, see the attached Council motion sheet. All Contracts Must Be Routed Through The Law Department (This area to be completed by.the Law Department) W 'n VIZ .. Received: w t r. / :fL w r rr:t s � Approval of Law Dept.: Law Dept. Comments: { f a Y 9 Ao t y} Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: 4 _ Ei Recommendations and'Cornt�t 's� *'''` � s Disposition: th Date Returned: i Lindental Pump Station Isolation Valve Installation Scope of work This is a Good &Services Agreement for a 24 inch stainless Steele knife valve, Extension stem/supports and a 24"x 10"sdr35 spool to connect to the existing pipe. These are the key components of this project. I requested that the valve and all its components be SS316 grade or higher.These parts will be exposed to the corrosive environment of a sewer manhole. Installing a quality valve will ensure proper operation, dependability and will allow a longer replacement cycle. The valve stem will be brought to the surface.This will allow operation of this valve without having to make a confined space entry.This valve will also allow isolation of the incoming flows to the station without having to use a pneumatic plug. Failure of a plug could cause engulfment for those employees in the stations wet well My Solicited bids are as follows. Ferguson Tacoma/Proposed Contractor HD Fowler/did not return bid HD Supply/did not bid a comparable product/incomplete bid. i I I I i KEN1' Agenda Item: Consent Calendar- 7G TO: City Council DATE: November 4, 2014 SUBJECT: Lindental Pump Station Isolation Valve & Hardware Purchase Ferguson N.W. - Authorize I MOTION: Authorize the Mayor to sign an agreement with Ferguson N.W. to purchase an isolation valve for the Lindental Pump Station in an amount not to exceed $23,169.04, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Lindental sanitary sewer pump station is the largest pump station within the Kent sewer system. The pump station, located on the east hill, pumps approximately 10,000 gallons of sewage per day. The wet-well collects materials (including fats, oils, and greases) that do not pass through the pumps. The build-up of this material requires entry by personnel for cleaning and removal, numerous times throughout the year. The installation of an isolation valve upstream of the wet-well will provide a mechanical method to isolate incoming sewage flow. This improvement will reduce potential engulfment of employees working within the wet-well. EXHIBITS: Goods & Services Agreement with Ferguson N.W. RECOMMENDED BY: Public Works Committee YEA: Fincher - Ralph - Higgins NAY: BUDGET IMPACTS: Currently accounted for in the 2014 sewer budget. I i