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HomeMy WebLinkAboutPW16-181 - Original - H.D. Fowler Company - SE 254th Place Water Main Replacement - 05/05/2016 i/7i 1y��/,j i%%2 cords M K00, sEN T 0 /J nrrNaraN W1 % Document�/ w 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: H. D. Fowler Company Vendor Number: JD Edwards Number Contract Number: This is assigned by City Cleric's Office Project Name: SE 254t" Place 'Water Main Replacement Description: ❑ Interlocal Agreement El Change Order ❑ Amendment N Contract ❑ Other Contract Effective Date: Date of t e Mayor's, si nature Termination Date: 6/1/16 Contract Renewal Notice (Days): _ Number of days required notice for termination or renewal or amendment Contract Manager: .josh Harris Department: PW Operations Contract Amount: $20,058.26 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Supply the City's Water Department with materials for the SE 254th Place Water Main Replacement Project. As off 08/2,7/14 KEN T GOODS & SERVICES AGREEMENT between the City of Kent and H. D. Fowler Company THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and H. D. Fowler Company organized under the laws of the State of Washington, located and doing business at 1417 Thornton Ave. SW, Pacific, WA 98047, Phone: (253) 863-8600, Contact: Michael Owens (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 the supply the City's Water Department with materials for the SE 254tn Place Water Main Replacement Project. For a list of materials, see the Vendor's bid 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. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by June 1, 2016. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Thousand, Fifty Eight Dollars and twenty six cents ($20,058.26), 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: After receipt of all materials listed in Exhibit A and receipt of invoice. GOODS &SERVICES AGREEMENT - 1 (Over$20,000, including WSST) 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. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) 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 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. GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) 't D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) 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 A attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Dilutes 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. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Venclor's, business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. K. Counterparts-...,and Signatures by Fax or Email, 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By; By: (si nature) (signature) Print Name: A11V Al:J 4" /Print 'a e: Suzette Cooke It Its f (Pr, I-, A,)e 4 11-64 15 5 May (title) DATE: z 6 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Michael Owens Timothy J. LaPorte, P.E. H. D. Fowler Company City of Kent 1417 Thornton Ave, SW 220 Fourth Avenue South Pacific, WA 98047 Kent, WA 98032 (253) 863-8600 (telephone) (253) 856-5500 (telephone) (253) 856-6500 (facsimile) AI aED AST FOR Ill I Kent Law Department HD Fowler-254 P1,WM Repl/Harris GOODS & SERVICES AGREEMENT 6 (over$20,000, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: jz- 1L Title: / 4 vA))6,P6 L SA 6 Date: l l& EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A Scope of work: I Vendor will provide the parts and materials to upgrade the water main on SE 254t" Place in the amount not to exceed $20,:039.95 Including Washington State sales tax. f I i i I i i I� iI EI E I Bid No:Q296298 Page 1 of 1 H.D. FOWLER COMPANY Customer: CITY OF KENT Quote#: Q296298 Estimator: Michael Owens Bid Date: 4/15/2016 Job Name: S.E.254TH W. MAIN REPLACEMENT Location: KENT Line Qty UoM Description Unit Price Extended Price 1 529.25 FT 8"CL 52 DI PIPE T1,C151/A21.51,C104,C/L,18,25-NOM.LGTH,SBR GASKET 18.41 9,743.49 (28.9 LBS/FT) 2 1 EA 8"MJ X FL TEE DI,AWWA C153,C/L,LESS ACCESS(102 LBS) 183.13 183.13 3 1 EA 8"FL TEE DI,AWWA C110,C/L(179 LBS) 305.80 305.80 4 1 EA 8"MJ X 6"FL TEE DI,AWWA C153,C/L,LESS ACCESS(86 LBS) 143.22 143.22 5 2 EA 8"MJ 45 ELL DI,AWWA C153,C/L,LESS ACCESS(59 LBS) 83.93 167.86 6 2 EA 8"MJ SLEEVE LONG PATTERN DI,AWWA C153 LESS ACCESSORIES(53 LBS) 105.07 210.14 7 1 EA 8"MJ PLUG DI,SSB,AWWA C153,LESS ACCESS(26 LBS) 56.35 56.35 8 1 EA 4"MJ CAP DI,SSB,AWWA C153,LESS ACCESS(10 LBS) 15.85 1S.85 9 4 EA 8"DUCTILE IRON MJ X FLG GATE VALVE AWWA C515 RESILIENT SEAT,LESS 726.34 2,905.36 ACCESORIES(180 LBS) 10 1 EA 6"DUCTILE IRON MJ X FLG GATE VALVE AWWA C515 RESILIENT SEAT,LESS 481.61 481.61 ACCESORIES(111 LBS) 11 16 EA 8,"WEDGE ACTION MJ KIT FOR DI PIPE W/BOLTS,WEDGE ACTION GLAND& 47.02 752.32 GASKET 12 1 EA 6"WEDGE ACTION M1 KIT FOR DI PIPE W/BOLTS,WEDGE ACTION GLAND& 34.60 34.60 GASKET 13 1 EA 4"WEDGE ACTION MJ KIT FOR DI PIPE W/BOLTS,WEDGE ACTION GLAND& 27.93 27.93 GASKET 14 4 EA 8"BLACK BOLT&NUT KIT 8 PER 3/4"X 3 1/2",A 307,GRADE A,IMPORT 7.62 30.48 15 1 EA 6"BLACK BOLT&NUT KIT 8 PER 3/4"X 3 1/4",A 307,GRADE A,IMPORT 7.50 7.50 16 4 EA 8"1/8"RING GASKET RED RUBBER,150# 2.72 10.88 17 1 EA 4"1/8"RING GASKET RED RUBBER,150# 1,32 1.32 18 300 FT 1"SIDR 7 250 PSI POLY PIPE,PE4710,ASTM D2239,IPS SIZE.30OFT.COIL 0.54 162.00 19 11 EA 5/8"X 3/4"FORD VH72-15W-11-33 METER SETTER,KEY VALVE INLET, 15" 120.19 1,322.09 HIGH,CHECK VALVE OUTLET,DP IN&OUT NO LEAD 20 11 EA 1"FORD FB500-4 MIP X MIP BALL CORP STOP NO LEAD 44.62 490.82 21 11 EA FORD C16-44 1"FIP X IPS PJ ADAPTER NO LEAD 20.03 220.33 22 11 EA FORD C86-34 3/4"MIP X 1"IPS PJ ADAPTER NO LEAD 26.08 286.88 23 22 EA 1"IPS STIFFENER FORD#72,ALSO CAN BE USED AS 1-1/4"FORD CTS 1.49 32.78 STIFFNER#53 24 11 EA 9,80 X 1"IP SADDLE ROMAC 202 BODY ONLY 20.03 220.33 25 22 EA 9.80"ROMAC U-BOLT WITH NUTS AND WASHERS,ZINC PLATED 12.62 277.64 26 6 EA 13 X 20 X 12 JUMBO METER BOX BASE BLACK,CARSON 26.98 161.88 27 6 EA 13 X 20 JUMBO METER BOX COVER BLACK WITH HINGED PLASTIC READER 10.91 65.46 "WATER",CARSON Approximate Total 18,318.05 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' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. EXHIBIT 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. HDFOW-1 OP ID:RK CERTIFICATE OF LIABILITY INSURANCE D07116120ATE Y6 07/1 S/2a15 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 pollcy(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). PRODUCER Phone:603-224-2600 CONE ACT Bethany Sutherland Anchor Insurance&Surety,Inc Fax:603-224-9830 PHONE .603.224-250a we No):503-224-9830 1201 SW 12th Ave.,Suite 600 E-MAIL Portland,OR 97205-2030 ADDRESS:bsutheriand@anchorlas.com Gene M.Dietzman INSURE S AFFORDING COVERAGE NAIL p INSURER A:Travelers Prop Cos Cc of Amer 25674 INSURED H.D.Fowler Co.,Inc. INSURER B:Travelers Indemnity Co. 25666 PO Box 180 INSURER C:A.M.Best=A++ Bellevue,WA 98009-0160 INSURER D: INSURER E INSURER F- COVERAGES CERTIFICATE NUMBER: 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. SR ADD SUSR TYPE OF INSURANCE POLICY NUMBER MMILDDYIYYrr MMlDDY XP LIMITS TR GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X -630-SE626048 07101/2015 0710 112016 PREMISES a ocoar n� S 100,00 CLAIMS-MADE FX OCCUR MED EXP An one person) $ 5,00 A X WA STOP GAP Y-630-SE028048 07101/2015 07101/2016 PERSONAL&ADV INJURY S 1,000,00 GENERAL AGGREGATE S 2,000,00 �GEN%AGGREGATELIMITAPPLIESPER: PRODUCTS-COMPIOPAGG S 2,000,00 POLICYX P o Lac COMBIWA EL $ 1,000,00 AUTOMOBILE LIABILITY Es qpd en I MIT $ 19000,00 B X ANY AUTO X Y-610-6E626048 0710112015 07101/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIREDAUTOS X NON-OWNED (P PE dent) AGE $ AUTOS Per accident Comp and Coll S 1,00 X UMBRELLA LIAO X OCCUR EACH OCCURRENCE $ 15,000,00 A EXCESS LIAO CLAIMS-MADE YSM-CUP-SE628048 07101/2015 07/0112016 AGGREGATE $ 15,000,00 pE0 I ', RETENTIONS NIL WC $ WORKERS COMPENSATION ORY I IM T ER AND EMPLOYERS'LIASILnY ANY PROPRIETORIPARTNER/EXECUTIVE Y NIA E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUOED9 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) RE: Operations of the Insured subject to policy terms and conditions. (See page 2) CERTIFICATE HOLDER CANCELLATION KENTC-2 SHOULD ANY OF THE ABOVE DESCRIBER POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 4th Ave S AUTHORIZED REPRESENTATIVE Kent,WA 98032 /� ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010/06) The ACORD name and logo are registered marks of ACORD HDFOW-1 PAGE 2 NOTEPAD INSUREDS NAME H.D.Fowler Co.,Inc. OP ID:RK DATE 07/15115 Certificate Holder and all required entities are Additional Insured when r equired by written contract. Endorsements attached: Blanket additional insured includes waiver of subrogation CG D4 58 07/13; Primary wording CG 0 37 04/05; and Auto additional insured with waiver CA T3 53 02/15. CA T4 45 04/09 Blanket auto loss payable provisions i i i i I POLICY NO.: Y-630-SE626048 INSURED: H.D.Fowler Co.,Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, INTERNATIONAL XTEND ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE--This endorsement broadens coverage,However,coverage for any Injury,damage or medical expenses described In any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by such an endorsement.The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what Is and Is not covered. A. Broadened Named Insured K. Bodily Injury to Co-Employees and Co- B. Blanket Additional Insured — Broad Form Volunteer Workers Vendors L. Aircraft Chartered with Crew C. Limited Worldwide Liability Coverage — in- M. Non-Owned Watercraft—Increased from 25 demnity Basis feet to 60 feet D. Damage To Premises Rented To You N. Increased Supplementary Payments Perils of fire, explosion, lightning, smoke, • Cost of ball bonds increased to$2,600 water 0 Loss of earnings increased to $500 per • Limit Increased to$300,000 day E. Blanket Waiver of Subrogallon 0. Medical Payments—Limit increased to F. Blanket Additional Insured—Owners,Manag. $10,000 per person ers or Lessors of Premises P. Knowledge and Notice of Occurrence or Of- G. Blanket Additional Insured — Lessors of fense Leased Equipment Q. Unintentional Omission H. Incidental Medical Malpractice R. Reasonable Force—Bodily Injury or Property 1. Personal Injury--Assumed by Contract Damage J. Amended Bodily Injury Definition S. Transportation Expenses For Repatriation or Relocation of Injured Or Sick Employees PROVISIONS a. Coverage under this provision is afforded A. BROADENED NAMED INSURED only until the 180111 day after you acquire 1. The followingIs added to SECTION II—WHO or form the organization or the end of the policy period,whichever is earlier,unless IS AN INSURED: reported In writing to us within 180 days. Any organization, other than a partnership or B. BLANKET ADDITIONAL INSURED — BROAD Joint venture,over which you maintain owner FORM VENDORS ship or majority interest on the effective date The following Is added to SECTION If—WHO IS of the policy qualifies as a Named Insured. AN INSURED: However,coverage for any such organization will cease as of the date during the policy pe- Any person or organization that is a vendor and riod that you no longer maintain ownership of, that you have agreed In a written contract or or majority interest in,such organization. agreement to Include as an additional insured on 2. The following replaces Paragraph 4.a. of this Coverage Part Is an insured,but only with re- SECTiON II--WHO IS AN INSURED: spect to liability for "bodily injury" or "property damage"that: CG D4 6810 08 0 2008 The Travelers Compenles,lno. Page 1 of 9 COMMERCIAL GENERAL LIABILITY a. Is caused by an"occurrence"that takes place client, part or container entering Into, accom- after you have signed and executed that con- panying or containing such products;or tractor agreement;and b. Any vendor for which coverage as an addl- b. Arises out of"your products" which aro dis- tional Insured specifically is scheduled by en- tributed or sold In the regular course of such dorsement. vendor's business. C. LIMITED WORLDWIDE LIABILITY COVERAGE The Insurance provided to such vendor is subject --INDEMNITY BASIS to the following provisions: 1. The following replaces the definition of"cov- a. The limits of insurance provided to such ven- erage territory"in the DEFINITIONS Section: dor will be the limits which you agreed to pro- "Coverage territory"means: vide In the written contract or agreement, or a. The United States of America (including the limits shown In the Declarations of this Its territories and possessions), Puerto Coverage Part,whiohover are less. Rlco and Canada; b. The Insurance provided to such vendor does b, International waters or airspace, but only not apply to: Ifs (1) "Bodily Injury" or "property damage" for (1) The "bodily Injury" or "property dam- which the vendor Is obligated to pay age" is caused by an "occurrence" damages by reason of the assumption of that takes place;or liability In a contract or agreement. This exclusion does not apply to liability for (2) The "personal injury" or "advertising damages that the vendor would have in Injury'is caused by an offense com- tho absence of the contract or agreement; mitted; (2) Any express warranty unauthorized by In the course of travel or transportation you; between any places Included in Para- (3) Any physical or chemical change in"your graph a.above;or products" made intentionally by such c. All other parts of the world except the vendor; "prohibited area", but only if the injury or (4) Repackaging, unless unpacked solely for damage arises out of: the purpose of inspection,demonstration, (1) Goods or products made, sold, han- testing,or the substitution of parts under dled or distributed by you,or services Instructions from the manufacturer, and provided by you to your customers or then repackaged In the original container; clients, In the territory described In (5) Any failure to make such inspections,ad. Paragraph a.above; justments, tests or servicing as vendors (2) The activities of a person whose agree to perform or normally undertake to home Is in the territory described In perform in the regular course of business, Paragraph a.above,but is away for a In connection with the distribution or sate short time on your business;or of"your products"; (3) "Personal Injury" or "adverllsing In- (6) Demonstration, Installation, servicing or jury" offenses committed through the repair operations,except such operations Internet or similar electronic means of performed at such vendor's premises In communication; connection with the sale of "your prod- provided that the Insured's responsibility to ucts';or pay damages Is determined In a"suit"on the (7) "Your products" which, after distribution merits brought anywhere In the world except or sale by you, have been labeled or re- the "prohibited area", or In a settlement we labeled or used as a container,part or in- agree to. gradient of any other thing or substance With respect to"occurrences"that take place, by or for such vendor. or"personal Injury" or"advertising Injury' of- Coverage under this provision does not apply to: fenses committed within the territory de- a. Any person or organization from whom you scribed in Paragraph c. above, the following have acquired "your products", or any ingre- conditions apply: Page 2 of 9 ®2008 The Travelers Companies,lno. CO D4 6810 08 i i COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 6. of SEC- of'SECTION!IV--COMMERCIAL GENERAL.Li- TiON Ili—LIMITS OF INSURANCE: ABILITY CONDITIONS: Subject to 6. above, the Damage To Prem- We waive. any'right of recovery we:may have Ises Rented To You Limit Is the most we will against'any person or organization because of pay under Coverage A for damages because payments we make for lnjury,or damage arising of "property damage" to any one premises out of promises owned or;occupted by or rented while rented to you, or temporarily occupied or loaned to you;.ongoing operations performed by you with permission of the owner, caused by you:,or on your behalf, done under a contract by fire; explosion; lightning; smoke resulting with that person or,organization, "your work";.,or from,such fire, explosion,or lightning;or wa- "your;prcducts". We waive this right whereyou ter. The Damage To Premises Rented To have agreed to do so as part of written contract, You Limit will apply to all damage proximately executed by you prlor,ioJoss. caused by the some "occurrence", whether F. BLANKET ADDITIONAL INSURED--OWNERS, such damage results from fire; explosion; MANAGERS OR LESSORS OF PREMISES lightning; smoke resulting from such fire,ex- The following is added to SECTION II—WHO IS plosion, or lightning; water; or any combina- AN INSURED: lion of any of these. Any person or organization that Is a premises The Damage To Premises Rented To You owner, manager or lessor and that you have Limit will be the higher of: agreed In a written contract or agreement to a. $300,000,or name as an additional Insured on this Coverage Part Is an Insured,but only,with respect to liability b. The amount shown on the Declarations of for "bodily Injury", "properly damage", "personal this Coverage Part for Damage To Prom- injury"or"advertising Injury"that: Ises Rented To You Limit. a. Is"bodily injury"or"property damage"caused 4. The following replaces Paragraph a. of the by an "occurrence" that takes place, or"per definition of"insured conlraot"In the DEFINi- sona( Injury"or"advertising Injury"caused by TIONS Section, an offense that is committed, after you have a. A contract for a lease of premises.How- signed and executed that contract or agree- ever, that portion of the contract for a ment;and lease of premises that Indemnities any b. Arises out of the ownership, maintenance or person or organization for damage to use of that part of any premises leased to premises while rented to you, or tempo- you. rarily occupied by you with permission of The Insurance provided to such promises owner, the owner,caused by: manager or lessor is subject to the following pro- (1) Fire; visions: (2) Explosion; a. The limits of Insurance provided to such premises owner, manager or lessor will be (8) Lightning; the limits which you agreed to provide In the (4) Smoke resulting from such fire, ex- written contract or agreement, or the limits plosion,or lightning;or shown on the Declarations of this Coverage (6) Water. Part,whichever are less. Is not an"Insured contract"; b. The insurance provided to such premises 6. The following replaces Paragraph 4.1b.(1)(b) owner,manager or lessor does not apply to: of SECTION 1V—COMMERCIAL GENERAL (1) "Bodily Injury" or "property damage" LIABILITY CONDITIONS: caused by an "occurrence" that takes place, or"personal injury" or"advertising (b) That Is Insurance for premises rented to injury"caused by an offense that is com- you, or temporarily occupied by you with mitted, after you cease to be a tenant In the permission of the owner; that premises;or E. BLANKET.WAIVER OF SUBROGATION (2) Structural alterations,new construction or The following Is added to Paragraph a.,Transfer demolition operations performed by or on Of Rights Of Recovery Against Others To Us, Page 4 of g 02000 The Travelers Companies,Inc. CG D4 6810 00 I COMMERCIAL GENERAL LIABILITY behalf of such premises owner, manager H. INCIDENTAL MEDICAL MALPRACTICE or lessor. 1. The following is added to the deflnillon of"oc- c. The Insurance provided to such premises currence"in the DEFINITIONS Seo0on: owner,manager or lessor is excess over any Unless you are In the business or occupation valid and collectible other Insurance available of providing professional health care services, to such premises owner, manager or lessor, "occurrence" also means an act or omission unless you have agreed in a written contract committed in providing or failing to provide for this Insurance to apply on a primary or "incidental medical services"to a person. contributory basis. 2. The following is added to the DEFINITIONS 0. BLANKET ADDITIONAL INSURED—LESSORS Section: OF LEASLD'EQUIPMENT "Incidental medical sorvices"means: The following is added to SECTION Il—WHO IS a. Medical,surgical,dental,laboratory,x-ray AN INSURED: or nursing service or treatment,advice or Any person or organization that Is an equipment Instruction, or the related furnishing of lessor and that you have agreed In a written con- food or beverages; tract or agreement to Include as an additional in- b. The furnishing or dispensing of drugs or sured on this Coverage Part Is an Insured, but medical, dental, or surgical supplies or only with respect to liability for "bodily injury", appliances; "properly damage", "personal Injury"or"adverlis- o, First aid;or Ing Injury"that: a. Is"bodily Injury'or"properly damage"caused d. "Good Samaritan services". by an "occurrence" that takes place, or"per- "Good Samaritan services"means any emer. sonal Injury"or"advertising Injury"caused by gency medlcal services for which no compen- an offense that Is committed, after you have salion is demanded or received. signed and executed that contract or agree- 3. The following Is added to Paragraph 2.a.(1)of ment;and SECTION iI—WHO IS AN INSURED: b. Is caused, In whale or in part,by your acts or Unless you are In the business or occupation omissions In the maintenance, operation or of providing professional health care services, use by you of equipment leased to you by paragraphs (1)(a), (b), (c) and (d) above do such equipment lessor. not apply to any"bodily injury" arising out of The Insurance provided to such equipment lessor any providing or failing to provide"Incidental Is subject to the following provisions: medical services" by any of your "employ. a. The limits of insurance provided to such ees", other than an employed doctor. Any equipment lessor will be the limits which you such "employees" providing or falling to pro- agreed to provide In the written contract or vide"incidental medlcal services"during their agreement, or the limits shown on the Decle- work hours for you will be deemed to be act- rations of this Coverage Part, whichever are Ing within the scope of their employment by less you or performing duties related to the corn b. The insurance provided to such equipment duct of your business. lessor does not apply to any"bodily Injury"or 4. The following exclusion is added to Para- "property damage" caused by an "occur- graph 2., Exclusions, of SECTION 1—COV- rence"that takes place,or"personal injury'or ERAGES—COVERAGE A BODILY INJURY "advertising Injury"caused by an offense that AND PROPERTY DAMAGE LIABILITY: le committed, after the equipment lease ex- Sale Of Pharmaceuticals plres, "Bodily Injury" or "property damage" arising c. The insurance provided to such equipment out of the willful violation of a penal statute or lessor is excess over any valid and collectible ordinance relating to the sale of pharmaceull- other Insurance available to such equipment cats committed by, or with the knowledge or lessor, unless you have agreed In a written consent of,the Insured. contract for this Insurance to apply on a prl- g, The following Is added to Paragraph 5. of mary or contributory basis. SECTION III—LIMITS OF INSURANCE: CO D4 6810 08 0 2008 The Travelers Companies,Inc. Page 6 of 9 COMMERCIAL GENERAL LIABILITY For the purposes of determining the appitca- has also been assumed in the ble Each Occurrence Limit,all related acts or some"Insured contract";and omissions committed In the providing or fall- (b) Such attorney fees and litigation ing to provide"incidental medical services"to expenses are for defense of that any one person will be considered one "oo- party against a civil or alternative currence dispute resolution proceeding in 6. The following Is added to Paragraph 4.b.,Ex- which damages to which this In- cess Insurance, of SECTION IV — COM- surance applies are alleged. MERCIAL GENERAL LIABILITY CONDI- 2. The following replaces the third sentence of TIONS: Paragraph 2. of SUPPLEMENTARY PAY- This Insurance is excess over any valid and MENTS—COVERAGES A AND B: collectible other Insurance, whether primary, Notwithstanding the provisions of Paragraph excess,contingent or on any other basis,that 2.b,(2)of Section I—Coverage A—Bodily In- is available to any of your "employees" for jury And Property Damage Liability or Para- "bodily Injury" that arises out of providing or graph 2.e. of'Seollon I—Coverage B—Per- failing to provide"incidental medical services" sonal and Advertising Injury Liability, such to any parson to the extent not subject to payments will not be deemed to be damages Paragraph 2.a.(1) of SECTION 11 —WHO IS because of"bodily Injury","property damage" AN INSURED. or "personal injury", and will not reduce the 1. PERSONAL INJURY — ASSUMED BY CON- limits of insurance. TRACT 3. The following replaces Paragraph 2.d. of I. The following replaces Exclusion a.,Contrac- SUPPLEMENTARY PAYMENTS — COVER- tual Liability, in Paragraph 2. of SECTION I AGES A AND B: — COVERAGES — COVERAGE B PER- d. The allegations In the "sufl" and the in- SONAL AND ADVERTISING INJURY LI- formation we know about the "occur- ABILITY: ronce"or offense are such that no conflict e. Contractual Liability appears to exist between the Interests of "Personal injury"or"advertising Injury"for the Insured and the Interests of the In- which the Insured Is obligated to pay demnitee; damages by reason of the assumption of 4. The following replaces the first subparagraph liability In a contract or agreement. This of Paragraph f. of the definition of "Insured exclusion does not apply to: contract"in the DEFINITIONS Section: (1) Liability for damages that the Insured f. That part of any other contract or agree• would have In the absence of the ment pertaining to your business(includ- contract or agreement;or Ing an Indemnification of a municipality In connection with work performed for a (2) Liability for damages because of municipality)under which you assume the "personal Injury" assumed to a con- tort liability of another party to pay for tract or agreement that Is an"Insured "bodily Injury,""property damage"or"per- contract",provided that the"personal sonal Injury"to a third person or organiza- Injury" Is caused by an offense.com- lion. Tort liability means a liability that milted subsequent to the execu(lon of would be Imposed by law in the absence the contract or agreement.Solely for of any contract or agreement. the purposes of liability assumed In J. EXTENSION OF COVERAGE — BODILY IN- an "Insured contract", reasonable at- JURY torneys fees and necessary litigation The following replaces the definition of"bodily In. expenses Incurred by or for a party jury"in the DEFINITION$Section: other than an Insured will be deemed to be damages because of"personal "Bodily Injury" means bodily Injury, mental an- tnjury',provided that: gulsh, mental Injury, shook, fright, disability, hu- e Liability to such arty for, or for millation,sickness or disease sustained by a per- ( ) Y p son,including death resulting from any of these at the cost of, that party's defense any time. f f Page 6 of 9 02008 The Travelers Companies.Inc. CG D4 6810 08 i 1 i i COMMERCIAL GENERAL LIABILITY K. BODILY INJURY TO CO-EMPLOYEES AND vehicle to which the Bodily injury Liability CO-VOLUNTEER WORKERS Coverage applies.We do not have to fur- The following is added to Paragraph 2,a.(1) of nlsh these bonds. SECTION 11—WHO IS AN INSURED: 2. The following replaces Paragraph 1.d. of Paragraph (1)(a)above does not apply to"bodily SUPPLEMENTARY PAYMENTS — COVER. Injury"to a co°employee"in the course of the co- AGES A AND B of SECTION I — COVER- "employee's" employment by you or performing AGES: duties related to the conduct of your business,or d. All reasonable expenses incurred by the to"bodily Injury"to your other"volunteer workers" Insured at our request to assist us In the while performing duties related to the conduct of Investigation or defense of the claim or your business. "soli",including actual loss of earnings up L. AIRCRAFT CHARTERED WITH CREW to $600 a day because of time off from work. The following Is added to Exclusion g., Aircraft, 0. MEDICAL PAYMENTS—INCREASED LIMITS Auto Or Watercraft,In Paragraph 2.of SECTION I —COVERAGES —COVERAGE A BODILY IN- The following replaces Paragraph T.of SECTION JURY AND PROPERTY DAMAGE LIABILITY: IiI—LIMITS OF INSURANCE: This exclusion does not apply to an aircraft that 7. Subject to S. above, the Medical Expense Is: Limit is the most we will pay under Coverage (a) Chartered with crew to any insured; C.for all medical expenses because of"bod- Ily Injury" sustained by any one person, and (b) Not owned by any Insured;and will be the higher of: (c) Not being used to carry any person or prop- (a) $10,000;or erty for a charge. M. NON-OWNED WATERCRAFT (b) The amount shown on the Declarations of this Coverage Part for Medical Expense 1. The following replaces Paragraph (2) of Ex- Limit. cluslon g., Aircraft, Auto Or Watercraft, In P. KNOWLEDGE AND NOTICE OF OCCUR- Paragraph 2. of SECTION 1—COVERAGES RENCE OR OFFENSE — COVERAGE A BODILY INJURY AND The following is added to Paragraph 2.,Duties in PROPERTY DAMAGE LIABILITY: The Event of Occurrence, Offense, Claim or (2) A watercraft you do not own that Is: Suit, of SECTION IV — COMMERCIAL GEN- (a) Fifty feet long or less;and ERAL LIABILITY CONDITIONS: (b) Not being used to carry any person or e. The following provisions apply to Paragraph properly for a charge. a.above, but only for the purposes of the In- 2. The following Is added to Paragraph 2. of surance provided under this Coverage Para to SECTION 11—WHO IS AN INSURED: you or any Insured listed In Paragraph 1.or 2. of Section it—Who Is An insured: Any parson or organization that,with your ex- (1) Notice to us of such "occurrence" or of. press or Implied consent,either uses or Is re- fense must be given as soon as practice- sponsible for the use of a watercraft that you ble only after the"occurrence"or offense do not own that Is: is known to you Of you are an individual), (1) Fifty feet long or less;and any of your partners or members who is (2) Not being used to carry any person or an Individual (if you are a partnership or property for a charge. joint venture), any of your managers who N. INCREASED SUPPLEMENTARY PAYMENTS is an individual(if you are a limited liability company), any of your trustees who Is an 1. The following replaces Paragraph 1.b. of Individual (if you are a trust), any of your SUPPLEMENTARY PAYMENTS - COVER- "executive officers"or directors(if you are AGES A AND B of SECTION I -- COVER- an organization other then a partnership, AGES: joint venture, limited Ilabiiity company or b. Up to $2,500 for cost of ban bonds re- trust) or any "employee" authorized by quired because of accidents or irafflo law you to give notice of an occurrence or violations arising out of the use of any offense. CG Da 58 10 08 ®2008 The Travelers Compenles,Ino. Page 7 of 9 i COMMERCIAL GENERAL LIABILITY (2) If you are a partnership,joint venture,Ilm• relied upon In Issuing this policy will not prejudice lied liability company or trust,and none of your rights under this Insurance. However, this your partners, joint venture members, provision does not affect our right to collect addl- managers or trustees are individuals, no- tional premium or to exercise our rights of cancel- lice to us of such"occurrence"or offense lation or nonrenewai in accordance with appllca- must be given as soon as practicable only ble insurance laws or regulations. after the"occurrence"or offense Is known R. REASONABLE FORCE— BODILY INJURY OR by: PROPERTY DAMAGE (a) Any individual who is: The following replaces Exclusion a.,Expected Or (I) A partner or member of any part- Intended Injury, In Paragraph 2.of SECTION i— nerahip or joint venture; COVERAGES — COVERAGE A BODILY IN- (Il) A manager of any limited liability JURY AND PROPERTY DAMAGE LIABILITY: company; a. Expected or Intended injury or Damage (III)A trustee of any trust;or "Bodily Injury"or"property damage"expected (Iv)An executive officer or director of or Intended from the standpoint or the In- any other organization; sured.This exclusion does not apply to"bod- ily Injury or property damage resulting from that Is your partner, joint venture the use of reasonable force to protect any member,manager or trustee;or person or property. (b) Any "employee" authorized by such S. TRANSPORTATION EXPENSES FOR REPA- partnershlp, joint venture, limited Ii- TRiATION OR RELOCATION OF INJURED OR ability company,trust or other organl- SICK EMPLOYEES zallon to give notice of an "occur- 1, The following Is added to SUPPLEMENTARY rence"or offense. PAYMENTS COVERAGE A AND B of (3) Notice to us of such "occurrence" or of- SECTION I—COVERAGES: fense will be deemed to be given as soon We will reimburse you for the reasonable as practicable If It is given in good faith as "transportation expenses"that you Incur,over soon as practicable to your workers and above "normal transportation costs", for compensation Insurer.This applies only if the repatriation or relocation of any of your In- you subsequently give notice to us of the "occurrence"or offense as soon as prac- 06". diseased, sick or deceased "employ- 0 tfcable after any of the persons described es".But only If'. in Paragraphs e.(1) or (2) above discov- a. The Injury, disease, sickness, or death ors that the "occurrence" or offense may occurred during the policy period and result in sums to which the Insurance while such "employee"was employed or provided under this Coverage Part may assigned to work by you anywhere In the apply, world other than: However, if this policy includes an endorse- (1) The United States of America(inciud- ment that provides limited coverage for"bod- Ing Its territories and possessions), Ily injury" or "property damage" or pollution Puerto Rico and Canada;and costs arising out of a discharge, release or (2) Any country or jurisdiction In the escape of "pollutants" which contains a re- "prohibited area"; quirement that the discharge, release or es- b. The relocation or repatriation Is neces- cape of "pollutants" must be reported to us within a specific number of days after Its eery In the opinion of competent medical abrupt commencement, this Paragraph e, authorities;and does not affect that requirement. c. The relocation or repatriation is from the Q. UNINTENTIONAL OMISSION country where the Injury, disease, alck- The fallowing Is added to Paragraph 8., Repre• ness, or death occurred to a destination sentations, of SECTION IV — COMMERCIAL In another wllpacountry. GENERAL LIABILITY CONDITIONS: The most we will pay as reasonable "trans- The unintentional omission of,or unintentional er- l o location n expenses"for the reemploy or Is ror in, any Information provided by you which we location of any one of your employees is Page 8 of 8 02008The Travolere Compen[es,[no. CG Da 8810 08 l COMMERCIAL GENERAL LIABILITY $25,000.The most we will pay as reasonable 3. The following Is added to the DEFINITIONS "transportation expenses"for the repatriation section: or relocation of all of your "employees" Is "Normal transportation costs" means the $50,000.These payments will not reduce the costs of transporting your"employee"In good limits of Insurance, health, and In conformance with your busl- 2. The following Is added to Paragraph 4.b.,Ex- ness travel policy, from the country of injury, cess Insuranos, of SECTION IV — COM- disease, sickness, or death to the country of MERCIAL GENERAL LIABILITY CONDI. relocation or repatriation. TIONS: "Transportation expenses" includes the fcl- This Insurance Is excess over any valid and lowing expenses: collectible other Insurance, whether primary, a. Costs of embalming to meet United excess,contingent or on any other basis,that States standards;and is available for the reasonable"transportation expanses" that you Incur, over and above b; All reasonable expenses of transportation "normal transportation costs",for the repatria- to return the remains of the deceased to tion or relocation of any of your Injured, dis- the country of burial or funeral. eased,sick or deceased"employees". a I I • i CO 04 5810 08 ®2008 The Travelers Companies,Ina Page 9 or 9 i i POLICY NO.: Y-630-SE626049 INSURED: H.D.Fowler Co.,Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -- ADDITIONAL INSUREDS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal Injury"or"advertising Injury'for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage Is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is tense committed amended as follows: subsequent to the signing and execution of that 1. The following Is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However,.lf you specifically agree in a written con- cess Insurance regarding any other primary In. tract or written agreement that the Insurance pro- surance available to you is deleted. vided to an addltional Insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis,or Insurance,as an additional subparagraph under a primary and nornaoritrlbutory basis, this Insryr- Subparagraph(1): ance Is primary to other Insurance that Is avall- That is available to the Insured when the Insured able to such additional Insured which covers such Is added as an additional Insured under any other additional Insured as a named Insured, and we policy,Including any umbrella or excess policy. will not share with that other Insurance, provided that: a. The "bodily Injury' or "property damage"for which coverage Is sought occurs;and CG DO 37 04 06 Copyright 2005 The St.Paul Travelers Companies,Inc.All rights reserved. Page 4 of 1 POLICY NO.: Y-810-SE626048 INSURED: H.D.Fowler Co.,Inc. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modt- fled by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage.However,coverage for any Injury,damage or medical expenses described in any of the provlslons of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS—INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LiMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE--INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by;you before the "bodily injury" or The following is added to Paragraph A.1.,Who Is "property damage".occurs and that is In effect An Insured, of SECTION iI— LIABILITY COV• during the polioyperiod,:to be named as,an addi ERAGE: flonal insured 16'.arr"insured" for Liability Cover age,but onty,for damages to vetch this Insurance Any organization you newly acquire or form dur- applies and only to,the extent that,person or,or ing the policy period over which you maintain ganlzation qualifies:as:!an "lnsured" under the 60% or more ownership Interest and that Is not Who Is An Insured provision contained In Sectlon separately Insured for Business Auto Coverage. 11. Coverage under this provision is afforded only un- C. EMPLOYEE HIRED AUTO til the 1801h day after you acquire or form the or- ganization or the end of the policy period,which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION II — LI- B-. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following Is-added to Paragraph c in A.1., An"employee`of yours Is an "insured"while i WhWho Is An Insured,of SECTION If LIABILITY operating an auto hired or rented under a oCOV Is An I contract or agreement in that "employee's" An person or organization who is requlred`under name,with your permission,while performing Y 9 duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that Is signed"and CA T3 53 0310 02010The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted materiel of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. In B.S., within such country or jurisdiction,for Liability Other insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease,hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that Is not an age,the following are deemed to be cov- "suto" you lease, hire, rent or borrow from ered"autos"you own: any of your"employees",partners(if you are a partnership), members (ir you are a limited (1) Any covered "auto" you lease, hire, liability company)or members of their house- ., rent or borrow:and holds. (2) Any covered"auto"hired or rented by (a) With respect 10 any claim made or"suit" your "employee" under a contract in brought outside the United States of that Individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America, Puerto Ing duties related to the conduct of Rtco and Canads: your business: . (1) You must arrange to defend the"In- However,any"auto"that is leased,hired, sured"against,and investigate or set- rented or borrowed with a driver Is not a Ile any such claim or"sell" and keep covered"auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1.,Who Is (11) Neither you nor any other Involved An Insured, of SECTION if— LIABILITY COV- "Insured" will make any settlement SRAGE: without our consent. Any"employee"of yours Is an"Insured"while us- (Ill)We may,at our discretion,participate Ing a covered°'auto"you don't own,hire or borrow in defending the"Insured"against, or In your business or your personal affairs, in the settlement of, any claim or E, SUPPLEMENTARY PAYMENTS—INCREASED "suit". LIMITS (iv)We will reimburse the "Insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "Insured" legally must of SECTION II—LIABILITY COVERAGE: pay as damages because of bodily Injury"or"properly damage"to which (2) Up to $3,000 for cost of ball bonds (in- this Insurance applies, that the "In- cluding bonds for related trafflo law vlola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described In Para- we cover. We do not have to furnish graph C„ Limit Of Insurance,of SEC- lhese bonds. TION Il—LIABILITY COVERAGE, 2. The following replaces Paragraph X2,a.(4), (v) We will reimburse the "Insured" for of SECTION II—LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses Incurred by the with our consent for your invesliga- 'Insured" at our request, Including actual lion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and Included F. HIRED AUTO — LIMITED WORLDWIDE COV- within the limit described in Para. ERAGE—INDEMNITY BASIS graph C., Limit Insurance, of SECTION II — LIABILITY COVER- The following replaces Subparagraph(5)In Para- AGE,and not In addition to such limit. graph 8.7., Polley Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS; plicable limit of Insurance in pay- (S) Anywhere in the world, except any country or manta for damages, settlements or Jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation imposed by the (b) This Insurance is excess over any valid United States of America applies to and pro. and collectible other Insurance available hibits the transaction of business with or Page 2 of 4 0 2010 The Travelers Indemnlly Company. CA T3 53 0310 Includes copyrighted materiel of Insurance Services office,Inc,with its permission. COMMERCIAL.AUTO to the"Insured"whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following Is added to Paragraph A.4., Cover- This Insurance is not a substitute for re- age Extensions, of SECTION III — PHYSICAL quired or compulsory insurance In any DAMAGE COVERAGE: country outside the United States, its ter- Personal Effects ritories and possessions, Puerto Rico and Canada. We will pay up to $400 for"loss"to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory Insurance In any such noun- (1) Owned by an`Insured";and try up to the minimum limits required by (2) In or on your covered"auto". local law. Your failure to comply with This coverage applies only In the event of a total compulsory Insurance requirements will theft of your covered"auto". not Invalidate the coverage afforded by this policy,but we.will.only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exclu• (d) It is understood that we are not an admit- slons, of SECTION iII -• PHYSICAL DAMAGE ted or authorized Insurer outside the COVERAGE: United States of America, Its territories Exclusion 3.a, does not apply to"loss" to one or and possessions, Puerto Rico and Can- more airbags In a covered"auto"you own that In- ada.We assume no responsibility for the flate due to a cause other then a cause of"loss" furnishing of certificates of Insurance, or set forth in Paragraphs A.1.b. and A.1.c., but for compliance in any way with the laws only: of other countries relating to Insurance. G, WAIVER OF DEDUCTIBLE—GLASS a. if chat"auto" Is a covered "auto"for Compre- hensive Coverage under this policy; The following is added to Paragraph D., Deducii- ble, of SECTION ill — PHYSICAL DAMAGE b• The airbags are not covered under any war- ranty,and COVERAGE: No deductible for a covered "aulc" will apply to a. The airbags were not Intentionally Inflated. glass damage If the glass Is repalred rather than We will pay up to a maximum of$1,000 for any replaced, one"loss". H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following Is added to Paragraph A.2.a., of graph AA.b., Loss Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS: TION IiI PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However,the most we wlli pay for any expenses live prompt notice of the "accident" or"loss" ap- for loss of use Is$65 per day, to a maximum of plies only when the"accident" or"loss"Is known $750 for any one"accident". to: 1. PHYSICAL DAMAGE — TRANSPORTATION (a) You(If you are an individual); EXPENSES—INCREASED LIMIT (b) A partner(if you are a partnership); The following replaces the first sentence In Para- (c) A member(If you are a limited liability oom- graph AA.a., Transportation Expenses, of pany); SECTION III — PHYSICAL DAMAGE COVER- (d) An executive officer, director or insurance We will pay up to$50 per day to a maximum of manager(if you are a corporation or other or- $1,500 for temporary trnsportation expense In. Any or� � curred by you because of the total theft of a cov- {e) Any employee authorized by you to give no. "auto"of the private passenger type. Tice of the accident or"lose". CA T3 53 0310 0 2010 The Travelers Indemnity Company, Page 3 of 4 Includes copyrighted material or insurance Services Office.Inc.with Its permisslon. i i f . I I I COMMERCIAL AUTO M. BLANKET WAiVER OF SUBROGATION such contract.The walver applies only to the The following replaces Paragraph-A.S.,Transfer parson or organlzallon d0.b1gnate&q11In sudh Of Rights Of Recovery Against To Us, contract. of SECTION- IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS The following is added to Paragraph B.2„ Con- S. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS: W'o 61ve any right of.recovery we,may have The unintentional omission of, or unintentional against any 'person or organization to the ex- error in, any Information given by you shall not tent required of you- by a written contract prejudice your rights under this insurance. How- signed and executed prior to any naoclderiV ever this provision does not affect our right to col- or"loss";provided that the"accident"or"loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. i Page 4 of 4 a 2010 The Travelers indemnity Company. CA T3 53 0310 includes copyrighted material of insurance services Office,Inc.with its permission, REQUEST F6 MAYOp�$ STCiNATURE '�' Tent' cplor ale �.� q AlC„_ b° es/ i H 6 o�ie Campenyto �r^°'�`n h° a�thonEeert e v[5 - P N h ENP �{ � l etlrisw � � a p mt wtnmazexes ror me pE ate Mm paaeer�en iiiii �j iiiiiii�� a inryu9n '/M nue� � � 'u F' w'�,a� u�nros oik vM luu � �m �m ,� �i 'x i � %� 4^* PUBLIC WORKS Tim LaPorte, P.E., Director 11��K F 14 KENT.W�sm, G,0" OPERATIONS DIVISION Dave Drock, Manager Phone: 253-856-5600 Fax: 253-856-6600 Mailing Address: 220 Fourth Avenue South Kent, WA 98032-5895 Location Address: 5821 South 240th Date: April 12, 2016 To: Suzette Cooke, Mayor From: Josh Harris, Water Distribution MW4 Th ru: Tim LaPorte, PW Director Subject: SE 254 th PL Water Main Replacement On April 12, 2016, the PWO Warehouse solicited bids for materials to be used for replacement of a portion of the water main on SE 254 th PL. The materials list was supplied by the Water Department, and faxed to the vendors. Bids were required to be faxed or e-mailed back by 4:00 PM on April 15, 2016. Two bids were received on time, and one bid came in three days past the deadline• The following vendor's submitted bids, and the results are as follows: Ferguson Waterworks $21,191.39 H.D. Fowler 40a O�L Consolidated Supply Past Deadline I have reviewed the bids and determined that H.D Fowler is the lowest responsive bidder.