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HomeMy WebLinkAboutPW16-290 - Original - H.D. Fowler Company - 125 Tank Vault Replacement - 07/25/2016 i R Lf Gf2ix �. I G ® rs LLt KENT Document�� WASHIHGT N by�}* �£ Y4 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: M I u - -)-Vto This is assigned by City Clerk's Office Project Name: 125 Tank Vault Replacement Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other; "1�2� ( @tv Contract Effective Date: Date of the Mayor's signature Termination Date: 9/30/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Paul Johnson Department: PW Operations Contract Amount: $25,344.13 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide materials to upgrade the 125 Tank Flow Control Vault located at 23825 98"' Ave. S. - As of: 08/27/14 KENT 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 13440 SE 30t" St,, Bellevue, WA 98009, Phone: (425) 746-8400/Fax; (425) 641-8885, Contact: Ryan Huff (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: - I The Vendor shall supply materials to upgrade the 125 Tank Flow Control Vault. For a list of materials, see the Vendor's bid which is attached as Exhibit A and incorporated by this reference. I it 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 September 30, 2016. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Five Thousand, Three Hundred Forty Four Dollars and thirteen cents ($25,344.13), 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. I F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. I 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 falls 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. 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 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 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 Vendor'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 42.5G of the Revised Code of Washington and documents, notes, emalls, 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 Clty'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 qy Emall. 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, F. By(�{1'rnatu 01 (signature) Print Name:--- Z, � r� vl Prinrt Name; -- u to Cooke Its /I�<i n r<i n r r, t r Its ltlayor (title) DATE: 7f L a /T DATE: -7 v-F NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Ryan Huff Timothy J. LaPorte, P.E. H. D. Fowler Company City of Kent 13440 SE 30th St, 220 Fourth Avenue South Bellevue, WA 98009 Kent, WA 98032 (425) 746-8400 (telephone) (253) 856-5500 (telephone) (425) 641-8885 (facsimile) (253) 856-6500 (facsimile) APPROV D AS TO/FORM: r Kent Law Department ,0 rovncr-125 rank Vn114 RLPWOnson 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. For; Title: Date: i i 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: Y For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT Aa Scope of work: Vendor will provide the parts and materials to upgrade the cities 125 Tank Flow Control Vault, located at 23825 98th Ave S in the amount not to exceed $2S,344.13 Including Washington State sales tax. ill I Bid No:Q303370 Page 1 of 1 6 H. . FOWLE COMPANY Customer: BIDDING CONTRACTORS Quote#: Q303370 Estimator: Don Holmes Bid Date: 7/7/2016 Job Name: 125 VAULT Location: KENT Line City UoM Description Unit Price Extended Price 1 36.5 FT 10"CL 52 DI PIPETJ,C1Sl/21.51,C104,C/L,18.25'NOM,LGTH,SBR GASKET 25.88 944.62 (37,8 LBS/FT) 72 2 2 EA loll MJ 90 ELL,DI,AW WA C153,C/L,LESS ACCESS(136 LBS) 155.86 . 3 3 EA 1o"FLTEEDI,AWWACl10,c/L(291LBS) 421.77 1,26565,31 4 4 EA 10"NU X FL ADAPTER DI,AW WA C353,C/L LESS ACC(75 LES) 139.80 559.20 5 5 EA 10"DUCTILE IRON MJ X FL GATE VALVE AWWA C515 RESILIENT SEAT,LESS 1,265.88 6,329.40 MJ ACCESSORIES(316 LBS) 6 - 2 EA 10"FUG BUTTERFLY VALVE M&H FIG 4500-02,CL150,AW WA C504,W/2" 781.91 1,563.82 NUT,CS50 LIQUID EPDXY COATED(232 LBS)*may not be 100%domestic 7 2 EA HANDWHEEL FOR 8"-12"M&H 11450 BUTTERFLY VALVE(same part as 8" 158,90 317.80 gate valve HW) 8 2 EA 10"UNI-FLANGE FOR DI FORD SERIES 200 117.02 234.04 9 14 EA 10"WEDGE ACTION MJ Xil'FOR DI PIPE W/BOLTS,WEDGE ACTION GLAND& 51.11 715.54 GASKET 10 14 EA' 10"BLACK BOLT&NUT KIT 12 PER 7/8"X 3 3/4"A 307,GRADE A,IMPORT 17.87 250.18 11 14 EA loll 1/8"RING GASKET RED RUBBER,15011 2,75 ,38.50 12 4 EA 10"ADJFLO PIPE SUPPORT STAND-ON 11589 ZINC PLATED 100.87 403.48 13 3 EA loll X 5'-0"FI.X PE DI SPOOL C/L BIT COATED 365,00 1,095.00 14 2 EA KOR-N-SEAL BOOT FOR le"DI PIPE, 106-165WP . 61,45 122.90 15 2 EA KOR-N-SEAL BOOT FOR 2"SCH80 PVC..106.7M 49.40 98,80 16 1 EA 1110 X 1"IP SADDLE ROMAC 202 BODY ONLY 26.39 26.39 17 2 EA 12.12"S S STRAP WITH NUTS FOR ROMAC SADDLE 30,67 61.34 18 1 EA 612 LA VAULT',INCLUDES BASE,CENTER,TOP,W/3'X6'H-20 RATED LW 7,768.23 7,769.23 HATCH,IADDER 19 2 EA LADDER-UP BILCO LU-4 ALUM. 519.53 1,039,0E Approximate Total 23,145.33 I I I 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. HDFOWLE-01 BSUTHERLAND CERTIFICATE OF LIABILITY INSURANCE DAT11912DIYYVY) � - 7nslzols 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 IT is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Bethany Sutherland PRODUCER NAME: Y - - Anchor Insurance&Surety,Inc. PHONE 503 224-2500 lac rvo1: (503) 224.9830 1201 SW 12th Ave.Suite 500 E"A No E.u:( . ) -EDS E bsutherland anchorias.com Portland,OR 97205 ADOREss: _ @ - - I INSURER(S)AFFORDING COVERAGE NAICN '.. INSURER A:Travelers l INSURED INSURER B:Travelers Indemnity Co. _ 25666 INSURER C H.D.Fowler Co.,Inc. - PO BOX 160 INSURER D: Bellevue,WA 98009-0160 INSURER E: - -- j INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVEBEEN ISSUEDTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - 'ADDLSUtlR PDLICYEFP POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER _7071101112016 YVYYI (MMIODIYYYV - A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 - 1,000,000 Y6305E626048 J 0710112017 07MAGET0-RFNT 300,000 CLAIMS-MADEEXI OCCUR X X d PREMISES E.ocemmunce $ _ X STOP GAP MED EXP(Any an.person) 8 _ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5 2+000,000 PRO- PRODUCTS-COMPIOPAGG $ 2,000,000 POLICV JECT LOC - -- STOP GAP $ 1,000,000 OTHER:_ ,. �..- -- -- - - COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY / (Ea ncode n $ 1,000,000 B X ANY AUTO X X Y-810-5E626048 S 071011201610710112017 BODILY INJURY(per person)- 5 ALL OWNED SCHEDULED BODILY INJURY(Peraccld.rh S AUTOS AUTOS PROPERTY DAMAGE -$ NON-OMED Peraccldenah HIRED AUTOS AUTOS COMP/COLLISION s 1,00 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 5 15,000.,000 A S 15,000,000 EXCESS LIAB CLAIMS-MADE CUP7E192262TIL16 07l01/2016 07101l2017 AGGREGATE DED RETENTIONS PER $ WORKERS COMPENSATION STATUTE ERR- AND EMPLOYERS'LIABILITY Y I ry ANY PROPRIETOWPARTNERIEXECUTIVE E.L.EACH ACCIDENT $- [ I NIA OFFICERNE.MBER EXCLUDED? , EL DISEASE-EA EMPLOYE $ (Mandatory In NH) _ If yes,describe under _ E.L.DISEASE-POLICY LIMIT 5 __ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES IACORD HI,Additional Remarks Schedule,may be attached If more space Is required) Certificate Holder and all required entitles are Additional Insured when required by written contract.Endorsements attached:Blanket Additional Insured Includes Waiver of Su brogatlon CGD246 08.05;Primary Wording CG D037 04-05;and Auto Additional Insured with Waiver of Subrogation CAT353 02.15 RE:All operations of the Insured CERTIFICATE HOLDER _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent AUTHORIZED REPRESENTATIVE Public Works Department 400 West Gowe Kent WA 98032 _ 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD H.D. Fowler Y8105E626048 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 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 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 C. EMPLOYEE HIRED AUTO EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that person or organization qualifies as an "insured" The following is added to Paragraph Who Is under the Who Is An Insured provision contained An Insured, of SECTION II —COVERREDED AUTOS in Section It. LIABILITY COVERAGE: C. EMPLOYEE HIRED AUTO Any organization you newly acquire or form turn 1. The following is added to Paragraph A.1., 50 the policy period over which you maintain Who Is An Insured, of SECTION II — COV- p or more ownership interest and that se not ERED AUTOS LIABILITY COVERAGE: separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c, in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos" you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness, America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or Bet- tie any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II —COVERED AUTOS tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any "employee" of yours is an "insured" while us- "insured" will make any settlement ing a covered "auto" you don't own, hire or borrow without our consent. in your business or your personal affairs. at our discretion, participate (iii)We may, p p E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II — COVERED AUTOS LIABIL- (iv)We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds, only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II — COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (v) We will reimburse the "insured" for (4) All reasonable expenses incurred by the "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your r defense cause of time off from work. of e such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE— INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we have used up the applicable limit of jurisdiction while any trade sanction, e insurance in payments for damages, barge, or similar regulation imposed thee settlements or defense expenses. United States of America applies to andd pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada, members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will coverage. not invalidate the coverage afforded by this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to 'loss" to one or ted or authorized insurer outside the more airbags in a covered "auto' you own that in- United States of America, its territories flate due to a cause other than a cause of 'loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and AA.c., but ada, We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto' is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE— GLASS rarity; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one 'loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV— BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- live prompt notice of the "accident' or 'loss" ap- graph AA.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III — PHYSICAL DAMAGE COVERAGE: to However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner (if you are a partnership); $750 for any one "accident". (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph AA.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (a) Any "employee" authorized by you to give no- AGE: tice of the "accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto' of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for 'loss" to wearing ap- signed and executed prior to any "accident' parel and other personal property which is: or"loss", provided that the "accident' or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance., How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV— BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Y6305E626048 H.D. Fowler07/01/2016 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR COMMERCIAL INDUSTRIES 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 J. Bodily Injury To Co-Employees And Co-Volunteer B. Blanket Additional Insured—Broad Form Vendors Workers C. Damage To Premises Rented To You K. Aircraft Chartered With Crew • Perils of fire, explosion, lightning, smoke, L. Non-Owned Watercraft—Increased From25 Feet water To 50 Feet • Limit increased to$300,000 M. Increased Supplementary Payments D. Blanket Waiver Of Subrogation Cost of bail bonds increased to$2,500 E. Blanket Additional Insured — Owners, Managers Loss of earnings Increased to $500 per day Or Lessors Of Premises N. Medical Payments- Increased Limit F. Blanket Additional Insured — Lessors Of Leased 0, Knowledge And Notice Of Occurrence Or Offense Equipment G. Incidental Medical Malpractice P. Unintentional Omission H. Personal Injury—Assumed By Contract Q. Reasonable Force — Bodily Injury Or Property 1. Amended Bodily Injury Definition Damage PROVISIONS B. BLANKET ADDITIONAL INSURED — BROAD A. BROADENED NAMED INSURED FORM VENDORS 1. The following is added to SECTION 11—WHO The following is added to SECTION 11 —WHO IS AN INSURED: IS AN INSURED: Any organization, other than a partnership or Any person or organization that is a vendor and joint venture, over which you maintain owner- that you have agreed to a written contract or ship or majority interest on the effective date agreement to include as an additional insured on of the policy qualifies as a Named Insured. this Coverage Part is an insured, but only with re- However, coverage for any such organization spect to liability for "bodily injury" or "property will cease as of the date during the policy Pe- damage"that: riod that you no longer maintain ownership of, a. Is caused by an "occurrence' that takes place or majority interest in, such organization, after you have signed and executed that con- 2. The following replaces Paragraph 4.a. of tract or agreement; and SECTION 11—WHO IS AN INSURED: b. Arises out of "your products" which are dis- a. Coverage under this provision is afforded tributed or sold In the regular course of such only until the 180th day after you acquire vendor's business, or form the organization or the end of the policy period, whichever is earlier, unless The insurance provided to such vendor Is subject reported in writing to us within 180 days. to the foliowing provisions; CG D4 58 07 13 (�)2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 7 Includes copyrighted material of Insurance services Office,Inc.with Its permission. COMMERCIAL GENERAL LIABILITY a. The limits of insurance provided to such ven- JURY AND PROPERTY DAMAGE LIABIL- dor will be the limits which you agreed to pro- ITY: vide in the written contract or agreement, or Exclusions c. through n. do not apply to dam- the limits shown in the Declarations of this age to premises while rented to you, or tem- Coverage Part, whichever are less. porarily occupled by you with permission of b, The insurance provided to such vendor does the owner, caused by: not apply to: a. Fire; (1) "Bodily Injury" or "property damage" for b. Explosion; which the vendor is obligated to pay c. Lightning; damages by reason of the assumption of d. Smoke resulting from such fire, explosion, liability In a contract or agreement. This exclusion does not apply to liability for or lightning; or damages that the vendor would have in e. Water. the absence of the contract or agreement; A separate limit of insurance applies to such (2) Any express warranty unauthorized by damage to premises as described in Para- you; graph 6. of Section III —Limits Of Insurance. (3) Any physical or chemical change in "your This insurance does not apply to damage to products" made intentionally by such premises while rented to you, or temporarily vendor; occupied by you with permission of the (4) Repackaging, unless unpacked solely for owner, caused by: the purpose of inspection, demonstration, a. Rupture, bursting, or operation of pres- testing, or the substitution of parts under sure relief devices; Instructions from the manufacturer, and b, Rupture or bursting due to expansion or then repackaged In the original container; swelling of the contents of any building or (5) Any failure to make such inspections, ad- structure, caused by or resulting from we- justments, tests or servicing as vendors ter; agree to perform or normally undertake to c. Explosion of steam boilers, steam pipes, perform in the regular course of business, steam engines, or steam turbines, in connection with the distribution or sale of"your products"; 2. The following replaces Paragraph 6, of SEC" (6) Demonstration, installation, servicing or TION III—LIMITS OF INSURANCE: repair operations, except such operations Subject to 5. above, the Damage To Prem- performed at such vendor's premises in [sea Rented To You Limit is the.most we will connection with the sale of "your prod- pay under Coverage A for damages because ucts"; or of "property damage" to any one premises (7) "Your products"which, after distribution or while rented to you, or temporarily occupied sale by you, have been labeled or rela- by you with permission of the owner, caused beled or used as a container, part or in- by fire; explosion; lightning smoke resulting gredient of any other thing or substance from such fire, explosion, or lightning; or wa- by or for such vendor. ter. The Damage To Premises Rented To You Limit will apply to all damage proximately Coverage under this provision does not apply to: caused by the same "occurrence", whether a. Any person or organization from whom you such damage results from fire; explosion; have acquired "your products", or any ingre- lightning; smoke resulting from such fire, ex- dient, part or container entering into, accom- plosion, or lightning; water; or any combine- panying or containing such products; or tton of any of these. b. Any vendor for which coverage as an addi- The Damage To Premises Rented To You tional insured specifically is scheduled by en- Limit will be the higher of; dorsement. a. $300,000; or C. DAMAGE TO PREMISES RENTED TO YOU 1, The following replaces the last paragraph of b, The amount shown on the Declarations of Paragraph 2„ Exclusions, of SECTION I — this Coverage Part for Damage To Prom- COVERAGES — COVERAGE A BODILY IN- ises Rented To You Limit. Page 2 of 7 C0)2013 The Travelers Indemnity company.All rights reserved. CG D4 58 07 13 I'I Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph a. of the a. Is"bodily injury' or`property damage"caused definition of "insured contract" in the DEFINI• by an "occurrence" that takes place, or "per- TIONS Section: sonal Injury" or "advertising injury" caused by a. A contract for a lease of premises. How- an offense that is committed, after you have signed and executed that contract or agree- ever, that portion of the contract fora ment; and lease of premises that Indemnifies any person or organization for damage to b. Arises out of the ownership, maintenance or premises while rented to you, or tempo- use of that part of any premises leased to rarily occupied by you with permission of you, the owner, caused by: The insurance provided to such premises owner, Fire; manager or lessor is subject to the following pro- (1) visions: (2) Explosion; a. The limits of Insurance provided to such (3) Lightning; premises owner, manager or lessor will be (4) Smoke resulting from such fire, ex- the limits which you agreed to provide In the plosion, or lightning; or written contract or agreement, or the limits shown on the Declarations of this Coverage (5) Water. Part,whichever are less. is not an "insured contract"; b. The insurance provided to such premises 4. The following replaces Paragraph 4.b.(1)(b) owner, manager or lessor does not apply to: of SECTION Iv—COMMERCIAL GENERAL 0) "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 D. 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, behalf of such premises owner, manager of SECTION Iv— COMMERCIAL GENERAL Ll- or lessor. ABILITY CONDITIONS: G. The insurance provided to such premises We waive any right of recovery we may have owner,.monager or lessor is excess over any against any person or organization because of valid and collectible other insurance available payments we make for injury or damage arising to such premises owner, manager or lessor, out of premises owned or occupied by or rented unless you have agreed in a written contract or loaned to you; ongoing operations performed for this insurance to apply on a primary or by you or on your behalf, done under a contract contributory basis. with that person or organization; "your work"; or F. BLANKET ADDITIONAL INSURED — LESSORS "Your products". We waive this right where you OF LEASED EQUIPMENT have agreed to do so as part of a written contract, The following is added to SECTION II —WHO IS executed by you prior to loss. AN INSURED: E. BLANKET ADDITIONAL INSURED — OWNERS, Any person or organization that is an equipment MANAGERS OR LESSORS OF PREMISES lessor and that you have agreed in a written con- The following is added to SECTION II —WHO IS tract or agreement to include as an additional in- AN INSURED: sured on this Coverage Part Is an insured, but only with respect to liability for "bodily Injury", Any person or organization that is a premises "property damage", "personal injury" or 'advertis- owner, manager or lessor and that you have ing Injury' that: agreed in a written contract or agreement to a. is"bodily injury" or"property damage" caused name as an additional Insured on this Coverage by an "occurrence" that takes place, or "per- Part is an insured, but only with respect to liability sonal Injury" or "advertising injury" caused by for "bodily Injury", "property damage", "personal an offense that is committed, after you have Injury" or"advertising injury"that: Page3of7 CG D4 58 07 13 o 20chled materie13 The l of insurance services ofrs indemnity Company. fice,Inc,wilhits permission. Includes copy � COMMERCIAL GENERAL LIABILITY signed and executed that contract or agree- 3. The SECTIOwingN it Is adde WHO Id o Para INSURED:.a.(I) of ment; and b. Is caused, in whole 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 any providing or failing to provide "incidental The insurance provided to such equipment lessor medical services'by any of your"employees", is subject to the following provisions: other than an employed doctor. Any such a. The limits of insurance provided to such "employees" providing or falling to provide "incidental medical services" during their work equipment lessor will be the limits which you hours for you will be deemed to be acting agreed to provide in the written contract or within the scope of their employment by you agreement, or the limits shown on the Decla- or performing duties related to the conduct of rations of this Coverage Part, whichever are your business. less. 4. The following exclusion is added to Para- b. The insurance provided to such equipment graph 2., Exclusions, of SECTION I— COV- lessor does not apply to any"bodily Injury' or ERAGES —COVERAGE A BODILY INJURY "property damage"caused by an"occurrence" AND PROPERTY DAMAGE LIABILITY: that takes place, or "personal injury' or "ad- $ale Of Pharmaceuticals vertising injury" caused by an offense that is committed, after the equipment lease expires. "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or c. The insurance provided to such equipment ordinance relating to the sale of pharmaceuti- lessor is excess over any valid and collectible cals committed by, or with the knowledge or other insurance available to such equipment consent of, the insured. lessor, unless you have agreed in a written 5. The following is added to Paragraph 5. of contract for this insurance to apply on a pri- SECTION III—LIMITS OF INSURANCE: many or contributory basis. For the purposes ofc acts determining the a- G. INCIDENTAL MEDICAL MALPRACTICE ble Each Occurrence Limit, all related acts or ' 1. The following is added to the definition of"oc- omissions committed in the providing or fail- currence" In the DEFINITIONS Section: Ing to provide "incidental medical services" to Unless you are In the business or occupation any one person will be considered one "oc- of providing professional health care services, currence". "occurrence" also means an act or omission 6. The following is added to Paragraph 4.b., Ex- committed in providing or failing to provide cess Insurance, of SECTION IV — COM- "incldental medical services"to a person. MERCIAL GENERAL LIABILITY CONDI- TIONS: 2. The following is added to the DEFINITIONS This Insurance is excess over any valid and Section; collectible other insurance, whether primary, "Incidental medical services" means: excess, contingent or on any other basis, that a, Medical, surgical, dental, laboratory, x-ray is available to any Of your "employees" for or nursing service or treatment, advice or "bodily injury" that arises out of providing or Instruction, Or the related furnishing of failing to provide "incidental medical services" food or beverages; to any person to the extent not subject to b, The furnishing or dispensing of drugs or Paragraph 2.a.(I) of SECTION It — WHO IS AN INSURED. medical, dental, or surgical supplies or H. PERSONAL INJURY — ASSUMED BY CON- appliances; TRACT c. First aid; or 1. The following replaces Exclusion e., Contrac- d, "Good Samaritan services". tual Liability, In Paragraph 2. of SECTION I "Good Samaritan services" means any emer- — COVERAGES — COVERAGE B PER, gency medical services for which no compen- SONAL AND ADVERTISING INJURY LI. sation Is demanded or received, ABILITY: Page 4 of 7 ©2013 The Travelers Indemnity company.All rights reserved. CG D4 56 07 13 Includes copyrighted malarial of Insurance services office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY e. Contractual Liability the insured and the Interests of the in- "Personal injury" or "advertising injury" for demnitee; which the Insured Is obligated to pay 4. The following replaces the first subparagraph damages by reason of the assumption of of Paragraph f. of the definition of "insured liability in a contract or agreement. This contract"in the DEFINITIONS Section: exclusion does not apply to: f. That part of any other contract or agree- (1) Liability for damages that the Insured ment pertaining to your business (includ- would have in the absence of the Ing an indemnification of a municipality in contract or agreement; or connection with work performed for a municipality) under which you assume the (2) Liability for damages because of tort liability of another party to pay for "personal injury" assumed in a con- "bodily Injury," "property damage" or "per- tract or agreement that is an "Insured sonal injury" to a third person or organiza- contract", provided that the "personal tion. Tort liability means a liability that Injury" is caused by an offense com- would be imposed by law in the absence mltted subsequent to the execution of of any contract or agreement. the contract or agreement. Solely for I. AMENDED BODILY INJURY DEFINITION the purposes of liability assumed in The following replaces the definition of "bodily in- an "insured contract", reasonable at- jury" In the DEFINITIONS Section: torneys fees and necessary litigation expenses incurred by or for a party "Bodily injury" means bodily injury, mental an- other than an insured will be deemed guish, mental injury, shock, fright, disability, hu- lo be damages because of "personal sofliallon, sickness or disease sustained n, including death resulting from any of these at injury", provided that: any time. (a) Liability to such party for, or for J. BODILY INJURY TO CO-EMPLOYEES AND has also been assumed d in the the cost of, that defense CO-VOLUNTEER WORKERS d to same"insured contract"; and The following II is WHO de AN INSURED: Paragraph 2.a.(1) of (b) Such attorney fees and litigation expenses are for defense of that Paragraph (1)(a) above does not apply to "bodily party against a civil or alternative Injury"to a cozemployee"in the course of the co- dispute resolution proceeding in "employee's" employment by you or performing which damages to which this In- duties related to the conduct of your business, or surance applies are alleged. to "bodily injury"to your other"volunteer workers" while performing duties related to the conduct of 2. The following replaces the third sentence of your business. Paragraph 2. of SUPPLEMENTARY PAY- K, AIRCRAFT CHARTERED WITH CREW MENTS—COVERAGES A AND B: The following is added to Exclusion g., Aircraft, Notwithstanding the provisions of Paragraph Auto Or Watercraft, in Paragraph 2. of SECTION 2.b,(2) of Section I — Coverage A— Bodily In- I — COVERAGES — COVERAGE A BODILY IN- jury And Property Damage Liability or Para- JURY AND PROPERTY DAMAGE LIABILITY: graph 2.e. of Section I — Coverage B — Per- This exciuslon does not apply to an aircraft that sonal and Advertising Injury Liability, such is: payments will not be deemed to be damages Chartered with crew to any insured; because of "bodily injury", "property damage" (a) or "personal injury', and will not reduce the (b) Not owned by any insured; and limits of insurance, (c) Not being used to carry any person or prop- 3. The following replaces Paragraph 2.d. of erty for a charge. SUPPLEMENTARY PAYMENTS — COVER- L, NON-OWNED WATERCRAFT AGES A AND B: 1. The following replaces Paragraph (2) of Ex- d. The allegations In the "suit" and the in- clusion g., Aircraft, Auto Or Watercraft, in formation we know about the "occur- Paragraph 2. of SECTION I — COVERAGES rence" or offense are such that no conflict — COVERAGE A BODILY INJURY AND appears to exist between the interests of PROPERTY DAMAGE LIABILITY: ed. Pa e5of7 13 The Travelers Indemnity cornpany. Includes c CG D4 58 07 13 ©yr materialriighted terial of Insurance services es office.Inc.I with Is permission. g COMMERCIAL GENERAL LIABILITY (2) A watercraft you do not own that is: e. The following provisions apply to Paragraph (a) Fifty feet long or less; and a. above, but only for the purposes of the in- surance provided under this Coverage Part to (b) Not being used to carry any person or you or any insured listed in Paragraph 1. or 2. property for a charge. of Section II—Who Is An Insured: 2. The following Is added to Paragraph 2. of (1) Notice to us of such "occurrence" or of- SECTION 11—WHO IS AN INSURED: fense must be given as soon as practice- Any person or organization that, with your ex- ble only after the "occurrence" or offense press or implied consent, either uses or is re- is known to you (if you are an Individual), sponsible for the use of a watercraft that you any of your partners or members Who is do not own that is: an individual (if you are a partnership or (1) Fifty feet long or less; and joint venture), any of your managers who is an Individual (if you are a limited liability {2) Not being used to carry any person or company), any of your trustees who is an properly for a charge. Individual (if you are a trust), any of your M, INCREASED SUPPLEMENTARY PAYMENTS "executive officers" or directors (if you are 1. The following replaces Paragraph 1.b. of an organization other than a partnership, SUPPLEMENTARY PAYMENTS — COVER- joint venture, limited liability company or AGES A AND B of SECTION I — COVER- trust) or any "employee" authorized by AGES: you to give notice of an "occurrence" or b. Up to $2,500 for cost of bail bonds re- offense. quired because of accidents or traffic law (2) If you are a partnership,joint venture, lim- violations arising out of the use of any ited liability company or trust, and none of vehicle to which the Bodily Injury Liability your partners, joint venture members, Coverage applies. We do not have to fur- managers or trustees are individuals, no- nish these bonds. tire to us of such "occurrence' or offense 2. The following replaces Paragraph 1.d. of must be given as soon as practicable only SUPPLEMENTARY PAYMENTS — COVER- after the"occurrence"or offense is known AGES A AND B of SECTION I — COVER- by: AGES: (a) Any individual who is: d. All reasonable expenses Incurred by the (1) A partner or member of any part- insured at our request to assist us in the nership or joint venture; investigation or defense of the clalm or "suit", including actual loss of earnings up (II) A manager of any limited liability to $500 a day because of time off from company; work. (lit) A trustee of any trust; or N. MEDICAL PAYMENTS—INCREASED LIMIT (iv)An executive officer or director of The following replaces Paragraph 7. of SECTION any other organization; lit—LIMITS OF INSURANCE: that is your partner, joint venture 7. Subject to 5. above, the Medical Expense member, manager or trustee; or Limit is the most we will pay under Coverage (b) Any "employee" authorized by such C. for all medical expenses because of "bod- partnership, joint venture, limited ]l- ily injury" sustained by any one person, and ability company, trust or other organi- wII1 be the higher of: zation to give notice of an "occur- (a) $10,000;or rence"or offense. (b) The amount shown on the Declarations of (3) Notice to us of such "occurrence" or of- this Coverage Part for Medical Expense fense will be deemed to be given as soon Limit. as practicable if it is given In good faith as O. KNOWLEDGE AND NOTICE OF OCCUR- soon as practicable to your workers' RENCE OR OFFENSE compensation insurer. This applies only if The following Is added to Paragraph 2., Duties In you subsequently give notice to us of the occurrence" or offense as soon as prac- ticable Event of Occurrence, Offense, Claim or ticable after any of the persons described Suit, of SECTION IV — COMMERCIAL GEN•ERAL LIABILITY CONDITIONS; in Paragraphs e.(1) or (2) above discov- Page 6 of 7 ©2013 The Travelers Indemnity Company,All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance services ogico,[no,with its permission. COMMERCIAL GENERAL LIABILITY ors that the "occurrence" or offense may your rights under this insurance. However, this result In sums to which the insurance provision does not affect our right to collect addi- provided under this Coverage Part may tional premium or to exercise our rights of cancel- apply, lation or nonrenewal in accordance with applica- However, if this policy Includes an endorse- ble insurance laws or regulations. ment that provides limited coverage for "bod- Q. REASONABLE FORCE — BODILY INJURY OR ily injury" or "property damage" or pollution PROPERTY DAMAGE costs arising out of a discharge, release or escape of 'pollutants" which contains a re- The following replaces Exclusion a., Expected Or quirement that the discharge, release or os- Intended Injury, in Paragraph 2. of SECTION l— cape of "pollutants" must be reported to us COVERAGES — COVERAGE A BODILY IN. within e specific number of days after its JURY AND PROPERTY DAMAGE LIABILITY: abrupt commencement, this Paragraph a. a. Expected or Intended Injury or Damage does not affect that requirement, P. UNINTENTIONAL OMISSION "Bodily injury" or"property damage" expected or intended from the standpoint of the in- The following Is added to Paragraph 6., Repre� sured. This exclusion does not apply to "bod- sentations, of SECTION IV — COMMERCIAL ily injury" or "property damage" resulting from GENERAL LIABILITY CONDITIONS; the use of reasonable force to protect any The unintentional omission of, or unintentional er- person or property. ror in, any Information provided by you which we relied upon in issuing this policy will not prejudice CG D4 58 07 13 02013 The Travelers Indemnity Company.All rights resery Pae7of7ed. 9 Includes copyrighted material of Insurance services Orrice,Inc.with Its permission. Y6305E626048 H.D. Fowler 07/01/2016 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires youto provide such coverage for that additional "property damage" or"personal injury"; and insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applles only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ante" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other Insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional Insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring Insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this Insurance is primary to "other insurance" surance". This endorsement shall not In- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named Insured Section III — Limits Of insurance. for such loss, and we will not share with that "other insurance". But the Insurance provided to b) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible "other In- erty damage' or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that Is available to the addl- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- I. The preparing, approving, or failing to ante". prepare or approve, maps, shop draw- 4_ As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, ) a The additional insured must give us written approving, or failing to prepare or ap- prove, drawings and specifications; and notice as soon as practicable of an "occur- rence" or an offense which may result in a If. Supervisory, inspection, architectural or claim. To the extent possible, such notice engineering activities, should include: CG D2 46 08 05 00 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 Y6305E626048 H.D. Fowler 07/01/2016 COMMERCIAL GENERAL LIABILITY I. How, when and where the 'occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we II. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by ill. The nature and location of any Injury or this endorsement is primary to 'other insur- damage arising out of the occurrence" or ance' available to the additional insured offense. which covers that person or organization as a b) If a claim is made or "suit' is brought against named insured as described In paragraph 3. the additional insured, the additional insured above. must: 5. The following definition Is added to SECTION V. I. Immediately record the specifics of the —DEFINITIONS: claim or "suit" and the date received; and "Written contract requiring insurance" means U. Notify us as soon as practicable. that part of any written contract or agreement under which you are required to include a The additional insured must see to it that we person or organization as an additional in- receive written notice of the claim or"suit' as sured on this Coverage Part, provided that soon as practicable. the "bodily Injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit`, cooperate a. After the signing and execution of the with us In the investigation or settlement of contract or agreement by you; the claim or defense against the "suit', and b, While that part of the contract or otherwise comply with all policy conditions. agreement is in effect; and d) The additional insured must tender the de- C. Before the end of the policy period. fense and indemnity of any claim or "suit' to it Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 REQUEST FOR MAYOR'S SIGNATURE T ".•"'•` Routing information: %'1a....-` tv� t tf' (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTN}ENT) jr �prov� Dor_ Originator: Paul Johnson Phone (Originator): Date Sent: / Date Required: q Return Signed Document to: Nancy YOshitake Contract Termination Date: 9/30/16 VENDOR NAME: Date Finance Notified; 7/19/16 (Only required on contracts H. D. Fowler Company $20,000 and over or on an Grant DATE OF COUNCIL APPROVAL: /A Date Risk;Manager Notified:NSA Re uir on Non-nry Standard Contracts/Agreements) Has this Document been Specifically Account Number: W20041 Authorized in the Bud et7 YES ONO Brief Explanation of Document: The attached agreement with H. D. Fowler is to supply the materials to upgrade the 125 Tank Flow Control Vault which is located at 23825 98th Ave. S. Ali Contracts Must hrough The Law Department LOU:—, ' f & - { a to be completed by Law Department) Rel o Approval of Law Dept.; " Law Dept. Comments: _ Date Forwarded to Ma or, Sha s o e Completed By Administration Staff Received: 4 Recommendations and Comments. " b k 4 & '" } Disposition: 4 Date Returned: f uFarm goo t r sngR .ssan .. �