Loading...
HomeMy WebLinkAboutPK15-034 - Original - Rainier Glass Co., Inc. - Replace Centennial Main Entry Doors - 02/10/2015 ; I 40 ,0 } .ae x, nl- KEN T , Document W G9HINOTOtl f �I�l�� i ,6. � �. ��• x ,.u=4 x CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Rainier Glass Co. Vendor Number: 204480 ID Edwards Number Contract Number: 441197 This is assigned by City Clerk's Office Project Name: Replace existing main entry doors — Centennial Center Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment X❑ Contract ❑ Other: Contract Effective Date: 02/17/2015 Termination Date: 05/15/15 i Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager. Nancy Clary Department: Parks, Facilities Contract Amount: $45,354.90 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 e KENT PUBLIC WORKS AGREEMENT between City of Kent and Rainier Glass Co., Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Rainier Glass Co., Inc., organized under the laws of the State of Washington, located and doing business at 22429 72"d Ave. So., Kent, 98032, Shawn Walker, (253)872-8697, (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: Rainier Glass Co., Inc. shall provide material and labor to remove and replace three (3) existing pairs of doors at City of Kent, Centennial Center, 400 West Gowe, Kent, in accordance with Quote dated 12/2/2014, which is attached as Exhibit A. This is a Lifecycle replacement project, these doors require excessive maintenance and are in need of replacement. 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 $45,354.90, 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, PUBLIC WORKS AGREEMENT - 1 (Over$1OK, under$50K, and Performance Bond) A. Payment and Performance Bond, Pursuant to Chapter 39,08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retafnage. 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. 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) I 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. 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 refusal 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 City 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 falls 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. 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 S. 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$IOK, 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. PUBLIC WORKS AGREEMENT - 5 (Over$10K, 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, 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. Nan-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 I PUBLIC WORKS AGREEMENT - 6 (Over$10K, 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. 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 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 theCity, 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 municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations, 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. PUBLIC WORKS AGREEMENT - 7 (Over $10K, under$50K, and Performance Bond) 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. CONTRACTOR: CITY OF KENT: By: By: r yY (signature) (signature) Print Name4 : Bryan Anderson Prim N Suzette Cooke Its Vice-President ItsL F Mayor (title) - DATE: 2/4/15 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Shawn Walker Nancy Clary Rainier Glass Co., Inc, 22429 721d Ave. So, City of Kent Kent, WA 98032 220 Fourth Avenue South Kent, WA 98032 (253) 872-8697 (telephone) (253) 893-0008 (facsimile) (253) 856-5084 (telephone) (253) 856-6080 (facsimile) APPRO EO AS 7 FORM: Kent Law Department PUBLIC WORKS AGREEMENT - 8 (Over$10K, under$50K, and Performance Bond) 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, 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: fG1i For: Bryan Anderson Rainier Glass Co. , Inc. Title: Vice-President Date: 2/4/15 i EEO COMPLIANCE DOCUMENTS - 1 Bond 4339308P • KENT- PAYMENT AND PERFORMANCE BAND W A.XIXYTCM TO CITY OF KENT KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Rainier Glass Company,Inc. as Principal, and Indemnity Company of California a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT In the penal sum of$ $45.354.90------------- 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 Cityof Kent, Kin County, Washington, the Mayor of the It 9 tY, 9 Y Y I of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of replacement of three existing pairs of doors at Centennial Center (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 ail 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 it law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. TWO WITNESSES: Rainier Glass Company, Inc. PRINC (enter princlpa'¢ name above) Shawn Walker BY: Mix P TITLE: ce-President DATE: 12/11 /14 DATE: 12/11 /14 j CORPORATE SEAL: n Cindy L. Ramsdell PRINT NAME DATE: 12/11 /14 Indemnity Company of California _ SURETY CORPORATE SEAL: BYE" — ` { — 5 �,VOOPPN O DATE: December 4th, 2014 = OCT.a r°`o TITLE: Troy Haskell,Attorney-in-Fact W 1967 cg41po?k ADDRESS: 17771 Cowan. Suite 100 Heine, CA 92614 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal In the within Bond; that Bryan Anderson Who signed the said bond on behalf of the Principal Rainier Glass Co. , Inc. 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. ----�14:ly�.� -- SECRETARY OR ASS TANT SECRETARY rnawme,w\eenu.a,ai.emvaram.M.aanneee PAYMENT AND PERFORMANCE BOND Page 2 of 2 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Roxanne McCloud, Rita Filbeck,Alexa DeBoer, Joy Rustia, Kerry McDaniel, Mimi Matheis, Dan Dahlberg, James Fritts, Troy Haskell, Greg GudBranson, Ronald Thorneycroft,Tim Dickerson, Roger Chamberlin,jointly or severally*** as their true and lawful Attomey(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety. ship giving and granting unto said Againey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of '.. said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney Is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the altornay(s)named In the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary a any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Paver of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this December 1,2014. By. Danielr�Vice Pre O7� ,c'pQ'�S�pOR"��F GO�AND PPO V O.O '. q,F40N AT % GOP R,qT T 'wi 10 @ c Z = OCT.6 y 13 j 936 0 LU 1967 Z B . Zu Mark J.Lansdon,Vice-President .1 State of California °'•,e,,, * * '... County of Orange On December 1,2014 before me, Lucille Raymond,Notes Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young Mark J.LansdonMark J.Lansdon Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s)whose camels)istare subscribed to the within instrument and acknowledged to me that helshelthey executed the same In hiAerltheir authorized capacity(ies),and that by hismeritheir signature(s)on the instrument the person(s),or the entity upon behalf of LUCILLE RAYMOND which the person(s)acted,executed the instrument Commission N 2081945 g 1 certify under PENALTY OF PERJURY under the laws of the State of California lhalthe foregoing paragraph is •e Notary Public-California $ We and cores. Orange County /t My Comm. Expires Oct 13 2018+ WITNESS my hand and official seal, Place Notary Seal Above Signature (.•Q,f'G..Ir/-Y/LJ __ Vdlk Raymond,Notary Public 1 CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in face as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this An day of December , 2014 By: T. Cassie J.Berrisfor , ssistant Secretary ID.1380(Rev.12/14) � r✓ rw !' aTA?B l 0 2 BUSINESS LICENSE x RECD JUN 1:`7 Z014 Iq qMIl 8e9 SPA STATE OF WASHINGTON ay 7; Unified Business ID #: 600 202 089 ? °k. Business ID #: 1 4?' Domestic Profit Corporation - Location: 2 P Expires: 06-30-2015 7 RAINIER GLASS COMANY, INC. 22429 72ND AVE S p r KENT WA 980321905 I : TAX REGISTRATION INDUSTRIAL INSURANCE UNEMPLOYMENT INSURANCE CITY LICENSES/REGISTRATIONS: B" OLYMPIA GENERAL BUSINESS COVINGTON GENERAL BUSINESS t LICENSING RESTRICTIONS: � Not licensed to hire minors without a Minor Work Permit. of ............tj 9 ` 7P d" A r,K t � gP c� t I h" This document lists the registrations,endorsements,and licenses authorized forthe business - r named above.By acceptingthisdocument thehcensee cemfiesthe mformationonthe apphcauon � was complete,true,and accurate to the best of his or her knowledge and thatbustness wtll be conductedmcomphance with all applicable Washington state county and city regufatwns Director Depanment of Revenue � i EXHIBIT A PROPOSAL RAINIER GLASS CO., INC. 22429 72ND AVENUE SOUTH PO BOX 717 BENT,WA 98032 PHONE: (253)872-8697 FAX: (253)893-0008 • RAINIG232R2 . Attn: Tony Thiessen SUBM/TTED TO: PHONE: 253.508.9461 DATE.8/20/14 City of Kent FAX: 253.856.6080 REY1115174 STREET: JOB NAME: 400 West Gowe Re lacementEntrydoors CITY,STATE,ZIP: JOB LOCATION: Kent,WA98032 CentenialBuilding ARCHITECT: DATE OF PLANS: JOB PHONE: Per revisions from Nate on 8/13/14 SCOPE OF WORK PROVIDE ALL SUPERVISION,SERVICES,MATERIALS,FOR THE FOLLOWING: 1) REMOVE EXISTING PAIRS OF DOORS IN THREE (3)LOCATIONS. 2) EXISTING SUBFIZAMES TO REMAIN. 3) REPLACE WITH NEW KAWNEER,MEDIUM STILE DOORS WITH 10"BOTTOM RAH,S, 4) FINISH WILL BE PAINTED 2-COAT KYNAR,ALMOND MATCHED TO EXISTING. 5) HARDWARE INCLUDES OFFSET PIVOTS WITH INTERMEDIATE, CONCEALED VERTICAL ROD EXIT DEVICES WITH EL FUNCTION,MORTISED ELECTRIC POWER TRANSFER,STAINLESS STEEL OFFSET PULL HANDLE,NEW SURFACE CLOSERS, THRESHOLD AND SWEEPS. 1 LEAF AT 2 PAIRS WILL HAVE LOW ENERGY OPERATORS WITH WALL SWITCHES, EXISTING POWER SUPPLY FOR PANICS TO BE REUSED-NYE WOULD LIKE A CUT SHEET TO CONFIRM COMPATIBILITY AHEAD OF TIME. 6) RIP THRESHOLDS FOR CARPET AS PER THE EXISTING. 7) EXISTING DOOR SUB-FRAME TO BE REMOVED AND REPLACED,MAIN CURTAIN WALL TO REMAIN. FRAMES ARE PAINTED TO MATCH. 8) DOOR GLASS IS TINTED(TO MATCH EXISTING),INSULATED,LOW-E,TEMEPRED. 9) SET THRESHOLD IN BED OF SEALANT, 10) SHOULD THERE BE ANY EXISTING HOLES WE WILL FILL OR COVER. 11) HOOD-UP OF OPERATORS AND EL PANICS,PENDING THE EXISTING WIRING AT THE ENTRANCES IS IN GOOD ORDER. 12) WORK SHOULD PROBABLY BEGIN EARLY MORNING AND AN ALTERNATE ENTRY USED UNTIL COMPLETED, PROBABLY PLAN ON ONE SET OF DOORS PER DAY. PRICE $41,420.00 Clarifications/exclusions: ITEMS NOT INCLUDED:POWER FOR DOOR OPERATORS,WINDOW FILM,PERMITS,SALES TAX,BREAK METAL,FINAL ICEYED CYLINDER,PROTECTION AND FINAL CLEANING. BREAKAGE BY OTHER THAN OUR EMPLOYEES WILL NOT BE REPLACED WITHOUT ADDITIONAL CHARGES. ^, )—u' G.,�I�J�IIII-1 ACCEPTANCE SIGNATURE AUTHORIZED SIGNATURE Note: This proposal may be withdrawn by us if not accepted within 30 days Shawn Walker Estimator/Sales EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, Insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2, Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles, Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Comoensation 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: i 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. i EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's Insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional Insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each Insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with Insurers with a current A.M. Best rating of not less than 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 Clary, Nancy From: Sandi Jones <Sandi@riceinsurance.com> Sent: Friday, February 06, 2015 9:48 AM To: Clary, Nancy Subject: RE: Rainier Glass Hi Nancy, All the information you've added is correct. Thank you, Sandi J Jones, CISR Commercial Account Manager Rice Insurance, LLC Serving our clients since 1946 sandi(ariceinsurance.com www.riceinsurance.com P: 360.734.1161 ext. 1330 F: 360.734.1173 From: Clary, Nancy ImaHto:NClary@kentwa eovj Sent: Friday, February 06, 2015 9:40 AM To:Sandi Jones Subject: RE: Rainier Glass Sandi, Since our Legal department requires that the Policy number and Company name appear on the C297 10 09 & C363 01 10, I have gone ahead and added that information per your email instruction. Please respond to this email that all information as I have added to the two forms is correct. Thank you, Nancy Clary Nancy Clary, Facilities Assistant Facilities Management I Parks, Recreation and Community Services 400 West Gowe, Kent, WA 98032 Main 253-856-5080 1 Direct 253-856-5084 nclarv@KentWA.00v CITY OF KENT, WASHINGTON I'I KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT UZPo RE PRINTING THIS E-MAIL .....-._..r_ __- ...,.-..__.. .. _ ...��........_-......_..._.... .........w.a..... .._»._ ,._._...-..____..__.--__..-----..,.._..�._..... __-_..-._.._.._-...�.,.......,..._. From: Sandi Jones fmailto:SandiCcbriceinsurance.com] Sent: Wednesday, February 04, 201S 12:14 PM To: Clary, Nancy Cc: Sandi Jones Subject: Rainier Glass Nancy, 1 A CERTIFICATE ®F LIABILITY INSURANCE DATE(MMr 014 ) 1215/2D14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). c,N PRODUCER AME: ACT Sandi Jones N Rice Insurance LLC PHONE . (360)734-1161 Me No: (360)734-1173 1400 Broadway E-MAIL ss:sandi@riceinsurance.com P.Q. Box 639 INSURERS AFFORDING COVERAGE NAIC# Bellingham WA 98227 INSURERAAUStin Mutual Insurance Cc INSURED -INSURER B Travelers Group Rainier Glass CO. Inc. INSURER C: P 0 BOX 717 INSURER D: INSURER E Kent WA 98035 INSURER F: COVERAGES CERTIFICATE NUMBER:CLi492425783 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 VAITH 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. AD UBR POLICY EFF POLICY EXP I�TR TYPE OFINSURANCE POLICY NUMBER MMIDD6YYY)I fMMIDDNYM LIMITS GENERAL LIABILITY, EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occunercel S 50,000 A CLAIMS-MADE OCCUR X y P1731761 0/1/2014 10/1/2015 RED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY S 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 4,000,000 POLICY FX PRO- LOC $ AUTOMOBILE LIABILITY EaSINEEDI SINGLE LIMIT b 1 000 ODD X ANY AUTO BODILY INJURY(Perperson) $ B ALL OWNED SCHHEESULED OF251517 10/l/2014 0/1/2015 BODILY INJURY(Per accident) $ UTONON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Peraccltlenl Medical a menls $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 5,000,000 A EXCESS LIAR CLAIMSWADE AGGREGATE $ 5,000,000 DED Y` RETENTIONS 10,00d OU2600562 10/1/2014 10/1/2015 $ A WCSTATU- X OTH- ,)MEMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE❑ NIA E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? P1731761 10/1/2014 10/1/2015 IMandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 DyBsdescdbe under Stop Gap E.L.DISEASE-POLICY LIMIT $ 1,000,00 0 I' DESCRIPTION OF OPERATIONS below i A Rented/Leased Equipment P1731761 0/1/2014 1D/1/2015 umu .90,000 Deductible 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Certificate Holder is Additional Insured as required by written contract per attached form C363. Completed Operations and the Waiver of Subrogation is included. Coverage is Primary and Non Contributory per attached form C297 Re: Centennial Center 400 West Gowe, Kent, WA 98032 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 220 4th Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 98032 Tyler Wate/SAN ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. I148025 r,mmmel0t THn Ar:rTpfT of ArnpIn POLICY NUMBER BP1731761 RAINIER GLASS CO INC BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARYAND NON-CONTRIBUTORY I This endorsement modifies Insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE [Namel Insured Persons Or Oanization(s)you are required to add as'an additional insured under a written contract orhen this insurance is required to be primary and non-contributory to com lete this Schedule, if not shown above,will be shown in the Declarations. 1. The following is added to Paragraph C. Who is An 2) that part of"your work"from which the "bodi- Insured in Section It—Liability: ly injury' or "property damage" arises has Any person(s) or organization(s) shown in the been put to Its intended use by any person or Schedule is also an additional insured for whom organization other than another contractor or "you"and such person or organization have agreed subcontractor engaged in performing opera- in a written contract or agreement that such person tions for a principal as a part of the same or organization be added as an additional insured project. on "your"policy. The person or organization listed in the Schedule Is an additional insured only with b. "Property damage"to: respect to liability for"bodily injury," "property dam- 1) Property owned, used, or occupied by or age," or "personal and advertising injury' caused, rented to the Additional Insured; in whole or in part, by: 2) Property in the care, custody, or control of a. "your"acts or omissions;or the Additional Insured or over which the Ad- b. the acts or omissions of those acting on"your ditional Insured is for any purpose exercising behalf; physical control; or in the performance of "your" ongoing work for the 3) "Your work"for the Additional Insured. additional insured on the project specified in the written contract or agreement. c. "Bodily injury," "property damage," or "personal and advertising Injury" arising out of the render- 2. With respect to the Insurance afforded the addi- ing of, or the failure to render, any professional tional insured shown in the Schedule, the following architectural, engineering or surveying services, additional exclusions apply: including: The coverage provided to these additional insureds 1) the preparing, approving, failing to prepare or does not apply to: approve maps, shop drawings, opinions, re- a. "bodily Injury" or "property damage" occurring ports, surveys, field orders, change orders, after: drawings, designs, or specifications; or 1) all work on the project, other than service, 2) Supervisory, inspection, architectural or en- maintenance, or repair operations, to be per- gineering activities. formed by or on behalf of the additional in- sured at the location has been completed. This. includes materials, parts, and equip- ment supplied for such work; or C297 10 09 Page 1 of 2 ❑ 3. With respect to the insurance provided the addi- "We"will pay"our" share of the amount of loss, tional insured shown in the Schedule, SECTION III if any, that exceeds the sum of: — COMMON POLICY CONDITIONS, H. Other In- surance, 2. Business Liability Coverage provisions 1) the total amount that all such other insurance are deleted and replaced by: would pay for the loss in the absence of this insurance;and 2. Business Liability Coverage 2) the total of all deductibles and self-insured a, Where required by a written contract or amounts required by such other insurance, agreement, this insurance is primary and g an"We"will share the remaining Toss with noncontributory as respects any other insur- y oth- ance policy issued to the additional insured, er insurance that is not described in this excess Otherwise,2.b. below applies insurance provision and was not bought specifi- cally to apply in excess of the limits shown on b, This insurance is excess over any of the oth- the declarations of this Businessowners policy, er insurance available to the additional in- sured whether primary, excess, contingent or on any other basis. When this insurance is excess, "we" will have no duty to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, "we" will do so, However, "we" will be entitled to the "in- sured's" rights against all those other insur- ers, Page 2 of 2 C29710 09 ❑ POLICY NUMBER BP1731761 RAINIER GLASS COINC THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ THIS CAREFULLY. BLANKET ADDITIONAL INSURED WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE AND BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Coverage afford under this endorsement does not apply to any,person or organization covered as an additional insured on any other endorsement now or hereafter attached to this policy. A. The Who Is An Insured provisions of operations hazard"unless required by Section It-Liability is amended to include the written contract or written as an insured, any person or organization agreement. whom you are required to add as an additional insured on this policy under a 4. The insurance provided to the additional written contract or written agreement, but insured does not apply to "bodily injury," the written contact orwritten agreement "property damage,""personal and must be: advertising Injury"arising out of an architect's, engineer's, or surveyor's 1. Currently in effect or becoming effective rendering of or failure to render any during the term of this policy; and professional services, including: 2. Executed prior to the"bodily injury," a. The preparing, approving, or failing "property damage,"or"personal and to prepare or approve maps, shop advertising injury." drawings, opinions, reports, B. The Insurance provided to the additional surveys, field orders, change orders insured is limited as follows: or drawings and specifications by any architect, engineer or surveyor 1. That person or organization is an performing services on a project of additional insured solely for liability due which you serve as a construction to your negligence specifically resulting manager; or from"your work"for the additional b. Inspection, supervision, quality written coanntrra insured tact ch t the subject of the or written agreement. control, engineering or architectural No coverage applies to liability resulting services done by you on a project of from the sole negligence of the which you serve as construction additional insured. manager. 2. The Limits of Insurance applicable to the 5. This insurance does not apply to"bodily additional insured are those specified in injury,""property damage,"or"personal the written contract or written agreement and advertising injury"arising out of the or in the Declarations of this policy, construction or demolition work while whichever is less. These limits of you are acting as a construction or Insurance are inclusive of, and not In demolition contractor. This exclusion addition to, the Limits of Insurance does not apply to work done for or by shown the Declarations. you at your premises. 3. The coverage provided to the additional C. Duties In the Event Of Occurrence, insured within this endorsement and Offense, Claim Or Suit(paragraph E.2.)of "Insured Contract" (paragraph F.9.) of the Liability And Medical Expenses the Liability and Medical Expenses General Conditions of Section 11— Definitions In the Businessowners Liability is amended to add the following: Coverage Form, does not apply to An additional insured under this "bodily injury"or"property damage" endorsement will as soon as practicable: arising out of the"products-completed C363 01 10 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission. 1. Give written notice of an occurrence or When this insurance is excess over an offense to us which may result in a other insurance, we will pay only our claim or"suit"to us for a loss we cover share of the amount of the loss, if any, under this policy. that exceeds the sum of. 2. Tender the defense and indemnity of (a) The total amount that all such other any claim or"suit"to us for a loss we insurance would pay for the loss in cover under this policy; the absence of this insurance; and 3. Tender the defense and indemnity of (b) The total of all deductible and self- any claim or"suit"to any other insurer insured amounts under all that other which also has insurance for a loss we insurance, cover under this policy;and We will share the remaining loss, if any, 4. Agree to make available any other with any other insurance that is not Insurance which the additional insured described in this Excess Insurance has for a loss we cover under this provision and was not bought policy. specifically to apply in excess of the We have no duty to defend or indemnify an Limits of Insurance shown in the additional insured under this endorsement Declarations of this policy, until we receive written notice of a claim or E. Transfer of Rights of Recovery "suit"from the additional insured. Against Others To Us(paragraph K.2.) D. Other Insurance(paragraphs H.2.and of Section tit—Common Policy H.3.) of Section III—Common Policy Conditions is deleted and replaced with Conditions are deleted and replaced with the following; the following: 2. We waive any right of recovery we 2. This insurance is excess over any other may have against any person or insurance naming the additional insured organization against who you have as an insured whether primary, excess, agreed to waive such right of contingent or on any other basis unless recovery in a written contract or a written contract or written agreement agreement because of payments we specifically requires that this Insurance make for injury or damage arising be either primary or primary and out of your ongoing operations or noncontributing to the additional "your work"done under a contract insured's owns coverage. This with that person or organization and insurance is excess over any other included within the"products- insurance to which the additional completed operations hazard." insured has been added as an additional Insured by endorsement. 3. When this insurance is excess,we will have no duty under the Business Liability Coverage to defend the additional Insured against any"suit"if any other insurer has a duty to defend the additional insured against that"suit," If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. I C363 01 10 Includes copyrighted materia I of Insurance Services Office,Inc., Page 2 of 2 with its permission. REQUEST FOR MAYOR'S SIGNATURE ICETiT Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Alex Ackley Dept/Div, Parks Facilities Extension: 5081 Date Sent: 02/10/15 Date Required: 02/17/15 Return'to; Nanc Ciar x5084 UO-NTRACT TERMINATION DATE. 05/15/15 VENDOR: Rainier Glass Co. DATE OF COUNCIL APPROVAL: N/A ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: Rainier Glass Co. to provide material and labor to replace three existing main entry doors at City of Kent Centennial Center. The doors have surpassed their lifecycles and require excessive maintenance. The amount of the contract including WSST is $45,354.90 and will be paid for out of the Facilities Capital, Lifecycle Replacement fund. All Contracts Must Be Routed Through The Lawn Department (This area to be completed by the Law Department) Received: gi Approval of Law Dept.: ? Law Dept. Comments: -NOV, If 4,< .'ki Date Forwarded to Mayor: rs. l i i s �tiy 6 1 ` shaded Areas To Be Completed By Administration Staff # Received: T �Ey �J 1 Recommendations and Comments:' Disposition: t1 0 r r.` w. qpi ^= Date Returned: �- rc