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HomeMy WebLinkAboutPW16-202 - Original - Graybar Electric Company, Inc. - Street Light Poles - 05/16/2016 i�� IRA,` lx-, e c o rd s M a e m 0 t­111 Document WAsHoNcrasa KENT " ,�,//�, ,. 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: Ora bar Electric Company, Inc. Vendor Number: JD Edwards Number Contract Number: ILP UA - This is assigned by City Clerk's Office Project Name: Street Light Poles Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment 0 Contract Other: Contract Effective Date: Date of the�Mayor's signature Termination Date: 7/1/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mike Sorensen Department: Engineering Contract Amount: $52,527.15 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Supply street light poles to the mcity. As of: 08/27/14 Corporations: Registration Detail- WA Secretary of State- Page 1 of 1 ®Online annual report filing for profit corporations and LLCs will be unavailable from x May 25 to June 5. Be sure to file your annual report before that timel Read more... (/corps/BLS-Online-Reporting-Unavailable-May-25-to June-5.aspx1 GRAYBAR ELECTRIC COMPANY,INC. USI Number 409000086 Category REG Profit/Nonproft f Profit Active/Inactivo Active State Of Incorporation NY _... WA filing Date 12/17/1925 Expiration Date f 1213 1/20 1 6 Inactive Date Duration !Perpetual i Ragistered Agent Information Agent Name {CORPORNIION SERVICE COMPANY E Address 300 DESCHUTES WAY SW STE 304 ` It City 'IUMWATER 1 State WA ZIP 98501 Special Address Information j iAddress II City State ZIP Gwerrdrig Persorts Title ;Name Address Presldent,Chalrman,Dlrector MAZZARELLA,KM 34 N MERAMEC AVE f CLAYTON,MO 63105 Secretary,Director GEEKIE,M W 34 N MERAMEC AVE CLAYTON,MO 63105 Vice PresidenCOlrector 1 HARWOOD,R R 34 N MERAMEC AVE 1 CLAYTON,MO 63105 Treasurer REED,J N 34 N MERAM EC AVE j ' I t CLAYTON,MO 63105 littp://www.sos.wa.gov/corps/Search—detail.aspx?ubi=409000086 5/12/2016 KENT GOODS & SERVICES AGREEMENT between the City of Kent and Graybar Electric Company, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Graybar Electric Company, Inc. organized under the laws of the State of Missouri, located and doing business at 1414 Center St., Tacoma, WA 98409, Phone: (253) 779- 3600/Fax: (253) 779-3605, Contact: Jessie Hofner (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 supply Street Light Poles to the City. For a copy of the Vendor's quote, see Exhibit A which is attached 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 August 15, 2016. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Fifty Two Thousand, Five Hundred Twenty Seven Dollars and fifteen cents ($52,527.15), 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: The Vendor shall be paid after delivery of street light poles and submittal of invoice. Net 30 per invoice date. 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) 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. Warranty is per the manufacturer's standard warranty. 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 GOODS &SERVICES AGREEMENT- 4 (Over$20,000, including WSST) shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. 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 Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this GOODS &SERVICES AGREEMENT- S (Over$20,000, including WSST) Agreement. However, should any language in any of the Exhibits to th�s Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. ComiDliance with Laws. The Vendor agrees to comply with all federal, stabs, and municipal laws, rules, and regulations that are now effective orin the future become applicable tmVendor'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 42.58 of the Revised Code of Washington and documents, notes, emnai[s, 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 Oty's duties and obligations under the Public Records Act. ]. 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 Agreernent. Further, upon executing this Agreement, either party may de|lverthe 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 be:8owv execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: tu Pr V (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Jessie Hofner Timothy J, LaPorte, P.E. Graybar Electric Company, Inc. City of Kent 1414 Center St. 220 Fourth Avenue South Tacoma, WA 98409 Kent, WA 980,32 Kent Law DepartmenO GOODS & SERVICES AGREEMENT - 6 (Over$2D,DQ0, including NBST) 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. 1 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. 1 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 1fulfill the five requirements referenced above. ................... For: 21, Title: e"a Date: X 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 Date: Mar 31, 2016 Quote: TAWA16-437-1 Quote L9 Page 1/3 G -works to our advantage Phone: (253) 779-3600 Fax: (253) 779-3605 From: Jessie Hofner Project CITY OF KENT ALUMINUM STREET Quoter Ph: LIGHT BID - email: Location KENT WA Quote TAWA16-437-1 To: MIKE SORENSEN For CITY OF KENT Bid Date Apr 1, 2016 Expires Apr 30, 2016 QTY Type MFG Part Price UQ ExtPrice ROUND TAPERED SINGLE MAST ARM POLE-11 1/2" BOLT CIRCLE 1 35'MH W/6FT ARM $1,112.00 $1,112.00 2 35'MH W18FTARM $1,115.00 $2,230.00 3 35'MH W/1 OFT ARM $1,180.00 $3,540.00 2 40'MH W/4FT ARM $1,265.00 $2,530.00 1 40'MH W/6FT ARM $1,280.00 $1,280.00 11 40'MH W/BFTARM $1,282.00 $14,102.00 3 40'MH W/1 OFT ARM $1,347.00 $4,041.00 ROUND TAPERED SINGLE MAST ARM POLE-121/2" BOLT CIRCLE 4 40'MH W/8FT ARM $1,300.00 $5,200.00 ROUND TAPERED DOUBLE MAST ARM POLE-11 1/ 2"BOLT CIRCLE 2 35'MH W/1 OFT ARMS $1,330.00 $2,660.00 ROUND TAPERED SINGLE DAVIT ARM POLE-11 1/ 2"BOLT CIRCLE 4 40' MH W/1OFT DAVIT ARM $1,300.00 $5,200.00 Jessie Hofner Page 1/3 Date: Mar 31, 2016 Quote: TAWA16-437-1 Quote � a Page 2/3 GrmvbaR_ works to Tour advantage Phone: (253) 779-3600 Fax: (253) 779-3605 From: Jessie Hofner Project CITY OF KENT ALUMINUM STREET Quoter Ph: LIGHT BID - email: Location KENT WA Quote TAWA16-437-1 QTY Type MFG Part Price UQ ExtPrice i ROUND TAPERED POLE WITH TOP MOUNTED TENON-11 1/2"BOLT CIRCLE ! I 2 39 3"POLE WITH 2.25"OD X 4"TENON ON TOP, $1,265.00 $2,530.00 OVERALL LENGTH 39'7" ROUND TAPERED POLE WITH NO MAST ARM DRILLINGS-11 1/2"BOLT CIRCLE 3 35'OAL POLE $1,083.00 $3,249.00 TAPERED ALUMINUM ARMS 4 4'ARM $74.00 $206.00 1 KING COUNTY TAX RATE OF 9.5% $4,557.15 $4,557.15 Total: $52,527.16 Notes: "LESS ANCHOR BOLTS AND BREAKAWAY COUPLINGS. FULL FREIGHT ALLOWED TO JOBSITE. TAXES INCLUDED. POLE CAPS, HANDHOLE COVERS, BONDING GROUND LUG HARDWARE, RUBBER GROMMETS,AND BOLT ON NUT COVERS INCLUDED" � I I I i Jessie Hofner Page 2/3 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. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. EXHIBIT B (Continued) 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. ACCORLY CERTIFICATE OF LIABILITY INSURANCE P ATE(MMfDD1YYYY) 1*....---' 6/1/20165/5/2016 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 poli,cy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT Three City q MO Drive,Suite 900 aC oWeFAX Ext: A/C No RW St.Louis O 63141-7081 EMAIL (314)432.0500 ADDRESS: IN RER(S)AFFQRDING CQVEnQE NAIC.IN INSURER : Travelers 1ndeni lit,C�"o of Cl`" 2.5682 INSURED Graybar Electric Company,lnC.. INSURER B: Allied World National Assurance.Company 10690 1047658 34 North Meramec Avenue INSURER C: ::aM"elt�s r"ns�elly C'a a,��kv t"�I,er An crsca 25674 P.CI.SoX 7231 St.Louis MO 63177 INSURER p: INSURER INSURER F: COVERAGES C.'RAEL02 CERTIFICATE NUMBER.: 14033435 REVISION NUMBER: XXXXXXX 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. fNSR f4DC1L SUDR POLICY EFF POLICY EXP LIMITS LTRTYPEOFINSURANCE INSD YWD POLICY NUMBER i 1 Y A X COMMERCIAL GENERAL LIABILITY Y N I-IC2lEC.LSA474M6932TCTI5 611./2015 6/1/2016 EACH OCCURRENCE 1,000,000 CLAIMS-MADE Z OCCUR DAMAGE TO RENTED u�x ,� PRFItISES E'i occurrence 5 1,000,000 MED EXP(Any oneperson) c, 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIWT APPLIES PER, GENERAL AGGREGATE. s 5,000,000 POLICY CT LCC PRODUCTS-CGMPIOP AGO s 2,000,000 OTHER $ CO A AUTOMOBILE LIABILITY Y ?vl I IC2EC AP474P I6920TCTI 5 6/1/2015` 6/1/2016 Fa ace dern)NGLE LIMIT s 3,000,000 1X ANY AUTO BODILY INJURY(Per person) S XXXXXXX 1 AUTOS NED UTOSULED PHYSIC"AL DAMAGL- BODILY INJURY(Per accident s XXXXXXX A NON-OWNED SLI.I I�JM,CRED PROPERTY DAMAGE $ X.XXX.XXX HIRED AUTOS AUTOS fPer aacidenl 's XXXXXXX B X UMBRELLA LIAR X OCCUR Y N 0305-5977 611/2U15 �11111116 EACH OCCURRENCE S 1 10001000i EXCESS LIAB CLAIMS-MADE. AGGREGATE S 1.,000,000 DED I X I RETENTION S 10,000 S XxXXXXX WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN I-1C.2.I(IL34741V'1$E,16715(AU )... 611/2t115 (5/11;?0l6 X STAT'UTE OTH- ANYPROPRiETORlPARTNER/E%EceTOVE E.I.EACH ACCIDENT -- -'S 1,000,000 C OFFICERJMEMEE�REXCLUDED? 'NIA IIEtPt1I3��97atlti[5�7�1'IS(WI) 611d2015 W1P201.6 pMmdafory In NHI E.L..MSFA,SE.EA EMPLOYEE 5 1,000,000', o SCRIPTT ON os OPERATIONS bdow E L DISEASE-POLICY LIMIT S 1,000 000 C EX('E'ES 01110 N ORKERS 1R N IiWXJUB474M588015 6/l/2015 6/1/20I6 1t orkets'Comp.Staluton), I mplo revs'Llab 00.$1,000,0 SIR .racb Accident S350,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule„may be attached If more space Is rogulmd) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLIDER"APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERMS)REFERENCED. V"4HERIi REQUIRED BY WRI.11-'N CONTRACT, CITY OF KENT IS AN ADDITIONAL INSURED UNDER THEGENERAL LIABILII-Y ON A PRIMARY AND NON-CON I-RIBUTORY 13ASIS StiBJ C 1'"1'O THE TERMS,RMS, CONDITIONS AND LIMITATIONS OF SAID POLICY AND ADDITIONAL INSURED I NDORSEry NT„AND WI-II R1. KE'QUIRI:D 13Y WRlI 1LN CONTRACT IS ADDITIONAL INSURED UNDLr1't THE, AUTOMOBILE LIA13it,ITY AND UMBRELLA LIABILITY SUBJECT"ro rm1,"1'I RMs, CONDITIONS AND LIMITATIONS OF SAID POLICY AND ADDIT"IONAL.INSURED ENDORSEMENT. **SHE A'17AC III.-1i)** CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.. 14033435 AUTHORIZED REPRESENTATIVE CITY OF KENT 220 FOURTH AVENUE SOUTH KENT WA 98032 ACORD 25(2014/01) CC71988- CORb CO t7RA N.All rights reserved The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: HC2E-GLSA-474MG932-TCT-15 GENERAL PURPOSE ENDORSEMENT ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) : As required by agreement or contract Location(s) Of Covered Operations: As required by agreement or contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1 . Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after : 1 . All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project . Copyright 2012 The Travelers Indemnity Company. All rights reserved. CG TS 05 Page 1 F. Insured means: 1. the Named Insured; 2. if you are designated in the Declarations as: a. an individual, you and your spouse are Insureds, but only with respect to the conduct of a business of which you are the sole owner; b. a partnership or joint venture, you are an Insured. Your members, your partners, and their spouses are also Insureds, but only with respect to the conduct of your business; c. a limited liability company, you are an Insured. Your members are also Insureds, but only with respect to the conduct of your business. Your managers are Insureds, but only with respect to their duties as your managers; d. an organization other than a partnership,joint venture or limited liability company,you are an Insured. Your executive officers and directors are Insureds, but only with respect to their duties as your officers or directors. Your stockholders are also Insureds, but only with respect to their liability as stockholders; e. a trust, you are an Insured. Your trustees are also Insureds, but only with respect to their duties as trustees; 3. your employees other than your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business; 4. your volunteer workers only while performing duties related to the conduct of your business; 5. any person (other than your employee or volunteer worker) or organization while acting as your real estate manager; 6. your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy; 7. any person or organization,other than the Named Insured, included as an Additional Insured under Scheduled Underlying Insurance, but not for broader coverage than would be afforded by such Scheduled Underlying Insurance. Notwithstanding any of the above: a. no person or organization is an Insured with respect to the conduct of any current, past or newly formed partnership,joint venture or limited liability company that is not designated as a Named Insured in Item 1.of the Declarations; and b. no person or organization is an Insured under this policy who is not an Insured under applicable Scheduled Underlying Insurance. This provision shall not apply to any organization set forth in the definition of Named Insured in subparagraphs J. 2 and 3. G. Insured Contract means that part of any contract or agreement pertaining to your business under which any Insured assumes the tort liability of another party to pay for Bodily Injury or Property Damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. UM 00004 00 (07/08) Page 20 of 25 COMMERCIAL AUTO POLICY ENDORSEMENT - CA T8 01 06 15 POLICY NUMBER HC2E-CAP-474M6920-TCT-15 * THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ** BLANKET ADDITIONAL INSURED IT IS AGREED THAT: THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE PART WITH RESPECT TO COVERAGE PROVIDED BY THIS ENDORSEMENT, THE PROVISIONS OF THE COVERAGE FORM APPLY UNLESS MODIFIED BY THE ENDORSEMENT. THE FOLLOWING IS ADDED TO THE SECTION II - LIABILITY COVERAGE, PARAGRAPH A.I . WHO IS AN INSURED PROVISION: ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS ADDITIONAL INSURED ON THE COVERAGE FORM IN A CONTRACT OR AGREEMENT EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS AND THAT IS IN EFFECT DURING THE POLICY PREIOD IS AN "INSURED" FOR LIABILITY COVERAGE, BUT ONLY FOR DAMAGES TO WHICH THIS INSURANCE APPLIES AND ONLY TO THE EXTENT THAT PERSON OR ORGANIZATION QUALIFIES AS AN ° "INSURED" UNDER THE WHO IS AN INSURED PROVISION CONTAINED IN ^� SECTION II . O� O� O� O� O� O� <0� O Os O� Ow�w� EFFECTIVE DATE 06-01-15 EXPIRATION DATE 06-01-16 PAGE 0001 DATE OF ISSUE 05-29-15 000220 REQII.E O MAYbR55[GNATIIRE the v caeca crape � ,r� 1R0 S neJ tT J/ilt� P RHAn ��2Yb2r FJe rl Gampany, ne ' ,o ego� _. ua � a avGOVNC 'nrvnovur .. rn... 11 sv ( nW� rleP exp a::,a[ on o<umeM afM1¢4a or Geaybarro sjren gnt poesmtnecn °mom �� 61AY 11 tl S ortaw t . � ak Fes,>,�ea a Maw J �wlta � u uu�