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HomeMy WebLinkAboutEC16-381 - Original - Hermanson Co LLP - Showare Zamboni Hot Water Tank Replacement - 11/04/2016 40� Records Ma WAS H IN OTOI! ,>•� ': a .i a:o. _ . _J-.: D®'cu anY. CONTRACT COVER SHEET —1i his firs to be completed by the Contract Manager prior to submission to City Clerks O Ticen All portions are to be completed. Fff you have que.,fflonss, please connect City Clerk's Office. Vendor Names ��`,VVVI(tAflSbYl �tJ �� � Vendor Numbers 7D Edwards Number Contract Number, CRtp 3�1 This is assigned by City Clerk's Office Project Name,. SInOW(,W-C 70M � Wi H& VV0A(Al TQ�� DIGf�G(/>-'VA4r - t De"scrip mono Interlocal Agreement ❑ Change Order ❑Amendment ❑ Contract Other: Agr-[twVE.& "f Gronitract Effective Date. Termination Date; j�o I L I Contract Renewafi Notice (Days)- Number of days required notice for termination or renewal or amendment Contract Manager. Department- Contract Amounto Approval Authority- ❑ Department Director Amayor I City Council Detail: (ine4 address, iecation, parcel number, tax id, eitc.)- ' adccW10877 8 14 KENT Wne111NV 1'uN PUBLIC WORKS AGREEMENT 14-16-06396 between City of Kent and Hermanson Company LLP THIS AGREEMENT Is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Hermanson Company LLP, organized under the laws of the State of Washington, located and doing business at 1221 23nd Avenue North, Kent, WA 98032, (hereinafter the "Contractor"), AGREEMENT The parties agree as follows; I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Remove existing hot water tanks from the mechanical room at ShoWare Center and replace with 2 PVI Conquest 40L high efficiency condensing water heaters with a 15 year manufacturer's tank warranty as detailed and incorporated In Exhibit A, Scope of Work, not to exceed $78,000. Contractor further represents that the services furnished under this Agreement will be performed In accordance with generally accepted professional practices within the Puget Sound region In effect at the time such services are performed. I1. TIME OF COMPLETION. The parties agree that work will begin on the tasks described In Section I above Immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by December 9, 2016. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $78,000.00, Including any applicable Washington State Sales Tax, for the work and services contemplated In this Agreement. The Contractor shall Invoice the City monthly. The City will pay for the portion of the work described In the Invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance band for the full contract amount. B. Retalnaae. The City shall hold back a retainage In the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever Is later. The amount retained shall be placed In a PUBLIC WORKS AGREEMENT- 1 (Over$20K, and Performance Bond) fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise Instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unau hQrized Work. The City reserves Its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work Includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satlsfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs Incurred by the City, "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, Incurred by the City beyond the maximum Contract price specified above, The City further reserves Its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Flnal Payment: Waiver of Claims, THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties Intend that an Independent Contractor- Employer Relationship will be created by this Agreement, By their execution of this Agreement, and In accordance wlth Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the abllity to control and direct the performance and details of Its work, the City being Interested only In the results obtained under this Agreement. B. The Contractor maintains and pays for Its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and Independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and Is a service other than that furnished by the City, or the Contractor is engaged In an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement, D. The Contractor Is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, Including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered Its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor reglstratlon pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19,28 RCW, G. The Contractor maintains a set of books dedicated to the expenses and earnings of Its business. V. TERMINATION. The City may terminate this Agreement for good cause, "Good cause" shall Include, without limitation, any one or more of the following events: PUBLIC WORKS AGREEMENT- 2 (Over$20K, and Performance Bond) i A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work, B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work Is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages,"with the State of Washington Department of labor & Industries prior to commencing the Contract work, Contractor shall pay prevailing wages In effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision Issued by the Department of Labor and Industries Is attached. VII. CHANGES. The City may Issue a written change order for any change In the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order Is necessary, Contractor must submit a written change order request to the person listed In the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change Increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, In good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor falls to require a change order within the time specified In this paragraph, the Contractor waives Its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided In subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting In the way this section provides. A change order that Is accepted by Contractor as provided In this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, Including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, Including any direction, Instruction, Interpretation, or determination by the City, the Contractor may file a claim as provided In this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or PUBLIC WORKS AGREEMENT- 3 (Over$20K, and Performance Bond) I otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written j claim Is made In strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall Include the Information set forth In subsections A, Items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following Information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, If any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption If the Contractor Is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures In this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an Invalid protest. C. Contractor's Duty to Complete Proteslad Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (Including directions, instructions, Interpretations, and determination). E. Failure to Follow Procedur@s Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (Including directions, Instructions, interpretations, and determination), IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. i X. WARRANTY. Contractor warrants that It will faithfully and satisfactorily perform all work provided under this Agreement In accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects In workmanship and materials: (1) when Contractor knows or should have known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebullt 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 Contractor shall begin to correct any defects within seven (7) calendar days of Its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within PUBLIC WORKS AGREEMENT- 4 (Over$20K, and Performance Bond) a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs Incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, Its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who Is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement, XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, Including all legal costs and attorney fees, arising out of or In connection with the Contractor's performance of this Agreement, except for that portion of the Injuries and damages caused by the City's negligence. The City's Inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of Indemnification. i Should a court of competent jurisdiction determine that this Agreement Is subject to RCW` 4,24.115, then, In the event of liability for damages arising out of bodily Injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence, IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense In any suit or any claim, If that tender was made pursuant to this Indemnification clause, and If that refusal Is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, Including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees Incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, Insurance of the types and In the amounts described In Exhibit B attached and Incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of Its employees, agents, and subcontractors In the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use In connection with the work. XV. MISCELLANEOUS PROVISIONS. A. ec c b e 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. PUBLIC WORKS AGREEMENT - 5 (Over$20K, and Performance Bond) 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 Clty's right to Indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mall, and shall be deemed sufficiently given if sent to the addressee at the address stated In this Agreement or such other address as may be hereafter specified In writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives Its consent to any assignment, the terms of this Agreement shall continue In full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless In writing and signed by a duly authorized representative of the City and Contractor. G. Entlre Aoreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering Into or forming a part of or altering In any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained In this Agreement, the terms of this Agreement shall prevail, H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged In operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City Is a public agency subject to the Public Records Act codified In Chapter 42.56 of the Revised Code of Washington and documents, notes, emalls, and other records prepared or gathered by the Contractor 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 Contractor agrees to cooperate fully with the City In satisfying the Clty's duties and obligations under the Public Records Act. J. City Business License_ eaulred. Prior to commencing the tasks described In Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PUBLIC WORKS AGREEMENT - 6 (Over$20K, . and Performance Bond) K. . 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. CONTRACTOR: CITY OF KENT: By. By: :. e : •' (signatut�) r (signature) Print Name; Jason Miluren PT Narhe � guzette Cooke Its Director of Finance Its - Mavo�- . DATE; 113 :a iLl DATE; Al NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Chris Kettman, Owner Dlrect Sales Ben Wolters, Director- Economic &Community Hermanson Company LLP Development Department 1221 2nd Avenue North Kent, WA 98032 City of Kent 220 Fourth Avenue South 206-575-9700(telephone) Kent, WA 98032 206-575-9800(facsi m Ile) (253) 856-57031(telephone) 2531 S56-645419acsim1.- APPROVED AS TO FO M: Ke t Law Department I PUBLIC WORKS AGREEMENT- 7 (Over$20K, and Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically Identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate In employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities, 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Hermanson Company, LLP Title: Jason Milliren, Director of Finance Date:_ tolled w i EEO COMPLIANCE DOCUMENTS - 1 L 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 Clty's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 Exhibit A Hermans®n Hermaneon Company LLP Tel 206-676.9700 1221 2nd Avenue North fox 200 676-0800 Kent,WA 90032 September22, 2016 ShoWare Center 625 W.James St. Kent,WA 98032 Attention: Tim Higgins Phone: 253-856-6714 Reference; ShoWare Center Zamboni Hot Water Tank Replacement General Scope: Hermanson Company proposes to replace the existing failed A.O. Smith hot water tank with a new system based on demand needs, longevity desires and cost sensitivities. Two Tank 40L PVI Conquest+200 gallon Storane Tank Total $70,802 plus WSST 'it-? .7" ?-b' Scope: Remove existing hot water tank from the mechanical room and replace It with two (2) PVI Conquest 40L high efficiency condensing water heaters with a 15 Year Manufacturer's Tank Warranty, Installation of a 200 gallon storage tank with a 25 Year Manufacturer's Tank Warranty. These water heaters will be on a standalone system with Integration into the other tank for redundancy in the event there is a failure. Above price includes the following: • Demo and removal of the existing hot water tank from the mechanical room • Replacement of the existing water heater with two (2) PVI Conquest 40L condensing hot water tanks • Install a 200 gallon storage tank • Disconnect existing electrical from the water heater • All piping modifications to provide gas to the new water heaters �( • Install condensate neutralizer system • Install tie down straps • All hot water&cold water piping modifications to allow for Installation of the new water heaters and storage tank • Installation of a mixing valve • Insulation of all new hot water&and cold water pipe • All engineering and drawings required for permit • Mechanical, plumbing and electrical permit • All labor, materials, and equipment pertaining to above scope of work I Mechanical Construction, j Engineering and Service Building Today,Defining Tomorrow w .hermanaon,00m Hermanson Pros: Two tank option meets demand needs and is very cost effective. High efficiency units. In the event one unit falls,you still have minor non-peak redundancy, The additional storage tank and crossover plumbing allows for system redundancy in the event the primary(non-zamboni) water heater fails. Cons: Two units equates to Increased preventative maintenance expenses. Clarifications 1) Work Is figured as regular day shift 2) Design does not guarantee full system demand need will be satisfied in the event the primary tank fails. Will need additional demand need calculations/engineering to confirm. 3) Proposal excludes structural assessment or modifications 4) Any work to the existing pumps or piping is excluded from scope of work 5) Scope as described must be accepted by the Jurisdiction Having Authority (JHA)for the proposal to become valid 6) Proposal is valid for 30 days from date 7) Hermanson company shall, upon award, provide a Performance Bond, allow for 5% Retention 8) Work quoted at prevailing wage rates, documentation provided upon award. Sincerely, Chris Kettman Owner Direct Sales ckettman@.hermanson.com Direct: (253) 796-5899 Cell: (206)639-3043 Acceptan6egof proposal signature f` Title Dat I i i i CITY OF IKENT 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: I EEO COMPLIANCE DOCUMENTS - 3 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. 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. 2. 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. i B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. 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. I I EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability Insurance; 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's Insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies, The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. I E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. i i A6® CERTIFICATE F LIABILITY INSURANCE °A10/1o20 6"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, '.. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME; Parker,Smith&Feek, Inc. -PHONE q25-709-3600 PAX 425-709-7460 2233 112th Avenue NE INCEW No E.o -lac No); E-MAIL Bellevue,WA 98004 ADDRESS: _ INSURER(S)AFFORDING COVERAGE _ NAIC# INSURER A: Valley Forge Insurance Company INSURED Hermanson Company, LLP INSURER B: Travelers Prop.Casually Co.of Amer. - --- 12212nd Avenue N. INSURER C: Kent,WA 98032 INSURER D: INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADOLSUBR POLICY EFF POLICY EXP-- POLICY NUMBER MMIDDM/YY MM/oD/YYYY LIMITS GENERAL LIABILITY 6043050846 �PREMISES CH OCCURRENCE $ 1,000,000 A 8/21/2016 8/21/2017 _... X, COMMERCIAL GENERAL LIABILITY ED AMAGETORENTEu m 1,000,000 X Ea occurrence $ _ CLAIMS-MADE IXI OCCUR EDEXP(Any one person) $ 15,000 X $1Q000 BI/PD Ded._ PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 kGIN'L AGGREGATE LIMIT APPLIES PER: j PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PICTRO X LOG $ A LAUIOMOSILE LIABILITY 6043050832 $/2112016 8/2112017 Ee BINEDISINGLE LIMIT $ 1,000,000 X ANY AUTO _ X BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident) $ AUTOS AUTOS ( _ NON-OWNED PROPERTY DAMAGE $- HIRED AUTOS AUTOS Per accident) B UMBRELLA LIAR X OCCUR ZUP1389414016NF 8/21/2016 8/21/2017 EACH OCCURRENCE $ 15,000,000 X EXCESS LIAR CILAIMS-MADEJ X '.. AGGREGATE $ 15,000,000 DED X RETENTION$ $10,000 I $ A WORKERS COMPENSATION 6043050846 WCSTATU- X OTH- AND EMPLOYERS'LIABILITY YIN 8/21/2016 8/21/2017 E ANY PROPRIETOR/PARTNEWEXECUTIVE �'WA STOP GAP E.L.EACH ACCIDENT $ 1,OOD,OOD OFFICER,MEMBER EXCLUDED? N/A — - (MdndatorylnNH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 It yes,describe under 1,000,D00 OESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,IF more apace Is required) Hermanson Job No 14-16-06396-Showers Center Replace HWT.The City of Kent is included as an Additional Insured and coverage is primary noncontributory on the General Liability,Auto,and Excess policies per the attached Endorsements.Per Project Aggregate applies on the General Liability policy per the attached Endorsement.Notice of Cancellation as per attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 Fourth Ave South AUTHORIZED REPRESENTATIVE Kent,WA 98032 / , , ©1988�201100 jACORD CORPORATION. All rights reserved. ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD 1 of 9 SPC ID:Job HERMCOMP(VKTOO) CNA CNAd. 10/1 ) (Ed. 0/12 ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations ANY PERSON OR ORGANIZATION,BUT ONLY IF YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT j TO MAKE THAT PERSON OR ORGANIZATION AN ADDITIONAL I NSURED UNDER THIS POLICY. SEE ENDORSEMENT 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II— LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident'for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. i CNA71527XX(10112) Policy No: 6043050832 Page 1 of 1 Endorsement No: Effective Date: 08/21/2016 Insured Name: Hermanson Company, LLP Copyright CNA All Rights Reserved. 2 of 9 SPC ID:Job HERMCOMP(VKTOO) CN Contractors' General Liability Extension Endorsement This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single Construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products- completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: CNA74705XX (1-15) Policy No: 6043050846 Page 8 of 17 Endorsement No: Valley Forge Insurance Company Effective Date: 08/21/2016 Insured Name: Hermanson Company, LLP Copyright CNA All Rights Reserved. Includes copyrighted material or Insurance Services Office,Inc„with its permission. 3 of 9 SPC ID:Job HERMCOMP(VKT00) Chapter 48.18 RCW: The insurance contract Page 14 of 34 i 45.18.25.1 I� 48.18.260 Delivery of policy. (11 Subject to the insurer's requirements as to payment of premium, every policy shall be delivered to the insured or to the person entitled thereto within a reasonable period of time after its issuance. (2)In event the original policy is delivered or is so required to be delivered to or for deposit with any vendor, mortgagee,or pledgee of any motor vehicle or aircraft,and in which policy any interest of the vendee, mortgagor,or pledgor in or with reference to such vehicle or aircraft is insured, a duplicate of such policy, or memorandum thereof setting forth the type of coverage, limits of liability, premiums for the respective coverages,and duration of the policy,shall be delivered by the vendor, mortgagee,or pledgee to each such vendee, mortgagor,or pledgor named in the policy or coming within the group of persons designated in the policy to be so included. If the policy does not provide coverage of legal liability for injury to persons or damage to the property of third parties, a conspicuous statement of such fact shall be printed,written,or stamped on the face of such duplicate policy or memorandum. [1947 c 79§,1826;Rem.Supp.1947§ 45,18,26.1 III Notes: Vehicle seller must furnish buyer itemized statement of insurance and other charges: RCW 46.70.130. 48.18.280 Renewal of policy. Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer and upon a currently authorized policy form and at the premium rate then required therefor for a specific additional period or periods by a certificate or by endorsement of the policy,and without requiring the issuance of a new policy. [1947 c 79§.18.28:Rem.Supp. 1947§ 45.18.28.1 48.18.289 Cancellation, nonrenewal, renewal offer—Notice to insurance producer or title insurance agent. Whenever a notice of cancellation or nonrenewal or an offer to renew is furnished to an insured in accord with any provision of this chapter,a copy of such notice or offer shall be provided within five working days to the insurance producer or title insurance agent on the account.When possible,the copy to the insurance producer or title insurance agent may be provided electronically. [2008 c 217§16;2000 c 220§1;1988 c 249§1;1987 c 14§1.1 Notes: Severability -- Effective date--2008 c 217: See notes following RCW 48.03.020. Effective date--1988 c 249: "This act shall take effect September 1, 1988." [1988 c 249§4.1 48.18.290 m — Cancellation by insurer. (1)Cancellation by the insurer of any policy which by its terms is cancellable at the option of the insurer,or of any binder based on such policy which does not contain a clearly stated expiration date, may be effected as to any interest only upon http://apps.leg.wa.gov/RCW/default.aspx?cite=48.18&full=true 2/1/2011 i Chapter 48.18 RCW: The insurance contract Page 15 of 34 compliance with the following: (a)For all insurance policies other than medical malpractice insurance policies or fire insurance policies canceled under '.. RCW ',... 48,53.040: (i)The insurer must deliver or mail written notice of cancellation to the named insured at least forty-five days before the effective date of the cancellation;and (it)The cancellation notice must include the insurer's actual reason for canceling the policy. (b)For medical malpractice insurance policies: (1)The insurer must deliver or mail written notice of the cancellation to the named insured at least ninety days before the effective date of the cancellation; and (ii)The cancellation notice must include the insurer's actual reason for canceling the policy and describe the significant risk factors that led to the insurer's underwriting action, as defined under RCW 48.18.547(1)(e). (c) If an insurer cancels a policy described under(a)or(b)of this subsection for nonpayment of premium,the insurer must deliver or mail the cancellation notice to the named insured at least ten days before the effective date of the cancellation. (d) If an insurer cancels a fire insurance policy under RCW 48.53.040,the insurer must deliver or mail the cancellation notice to the named insured at least five days before the effective date of the cancellation. (e)Like notice must also be so delivered or mailed to each mortgagee, pledgee,or other person shown by the policy to have an interest in any loss which may occur thereunder. For purposes of this subsection(1)(e), "delivered"includes electronic transmittal,facsimile, or personal delivery. (2)The mailing of any such notice shall be effected by depositing it in a sealed envelope,directed to the addressee at his or her last address as known to the insurer or as shown by the insurer's records,with proper prepaid postage affixed, in a letter depository of the United States post office.The insurer shall retain in its records any such item so mailed,together with its envelope,which was returned by the post office upon failure to find, or deliver the mailing to,the addressee. (3)The affidavit of the individual making or supervising such a mailing,shall constitute prima facie evidence of such facts of the mailing as are therein affirmed. (4)The portion of any premium paid to the insurer on account of the policy, unearned because of the cancellation and in amount as computed on the pro rate basis, must be actually paid to the insured or other person entitled thereto as shown by the policy or by any endorsement thereon,or be mailed to the insured or such person as soon as possible, and no later than forty-five days after the date of notice of cancellation to the insured for homeowners',dwelling fire, and private passenger auto. Any such payment may be made by cash,or by check, bank draft,or money order. (5)This section shall not apply to contracts of life or disability insurance without provision for cancellation prior to the date to which premiums have been paid,or to contracts of insurance procured under the provisions of chapter 48.15 RCW. [2006 c 8§212;1997 c 85§1;1988 c 249§2;1986 c 287§1;1985 c 264§17;1982 c 110§7;1980 c 102§7;1979 ex.s.c 199§5; 1975-76 2nd exs.c 119&2 1947 c 79.§_18.29 Rem,_Supp.1947&45.18.29.1 W Notes: Application --2006 c 8 §§211-213: See note following RCW 48.18.547. Findings -- Intent--Part headings and subheadings not law--Severability --2006 c 8: See notes following RCW 5.64.010. Effective date -- 1988 c 249: See note following RCW 48.18.289, Application --1986 c 264§§ 17-22: "Sections 17 through 22 of this act apply to all new or renewal policies issued or renewed after May 10, 1985, Sections 17 through 22 of this act shall not apply to or affect the validity of any notice of cancellation mailed or delivered prior to May 10, 1985. Sections 17 through 22 of this act shall not be construed to affect cancellation of a renewal policy, if notice of cancellation is mailed or delivered within forty-five days after May 10, 1985. Sections 17 through 22 of this act shall not be construed to require notice, other than that already required, of intention not to renew any policy which expires less than forty-five days after May 10, 1985." [1985 c 264 §24.) http://apps.leg.wa.gov/RCW/default.aspx?cite=48.18&full=true 2/l/2011 CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the j products-completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1, this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance CNA75079XX(1-15) Policy No: 6043050846 Page 1 of 2 Endorsement No: Valley Forge Insurance Company Effective Date: 08/21/16 Insured Name: Hermanson Company, LLP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 6 of 9 SPC ID:Job HERMCOMP(VKT00) CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement is required by written contract to be primary and non-contributory, this insurance will be primary and non- contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Policy No: 6043050846 Page 2 of 2 Endorsement No: Valley Forge Insurance Company Effective Date: 08/21/16 Insured Name: Hermanson Company, LLP Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 7 of 9 SPC ID:Job HERMCOMP(VKT00) c. if you are a limited liability company, your members, but only with respect to the conduct of your business, and your managers, but only with respect to their duties as your managers; d. if you are an organization other than a partnership,joint venture or limited liability company, any of your executive officers, directors or stockholders but only while acting within their duties or capacities as such; and e, if you are a trust,your trustees, but only with respect to their duties as trustees. However, no person or organization is an Insured under this paragraph IV.0.2. for the ownership, maintenance, operation, use, Loading or Unloading, or entrustment to others, of any Auto, aircraft or watercraft unless such coverage is included under the Scheduled Underlying Insurance and then for no broader coverage than is provided under such Scheduled Underlying Insurance; 3. any person or organization, other than the Named Insured, included as an additional Insured in any Scheduled Underlying Insurance or Scheduled Retained Limits that specifically reference an insurance policy on the Schedule of Retained Limits, but then: a. for no broader coverage than is provided to such person or organization under such Scheduled Underlying Insurance or such Scheduled Retained Limits; and b. if you agreed in a written contract or agreement to include such person or organization as an additional insured on this policy, the limits of insurance afforded to such person or organization under this policy will be: 1). the amount by which the minimum limits of insurance you agreed to provide such person or organization in such written contract or agreement exceed the limits of insurance shown in the Schedule of Underlying Insurance or the Schedule of Retahned Limits for such Scheduled Underlying Insurance or Scheduled Retained Limits; or 2). the limits of insurance of this policy; whichever is less. Coverage under this policy does not apply to such person or organization if the minimum limits of insurance you agreed to provide such person or organization in such written contract or agreement are wholly within the limits of insurance shown in the Schedule of Underlying Insurance for such Scheduled Underlying Insurance or Schedule of Retained Limits for such Scheduled Retained Limits; 4. any of your Employees, other than: a, your managers if you are a limited liability company; or b. your executive officers if you are an organization other than a partnership,joint venture or 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. However, no person is an Insured under this paragraph IV.0.4. for: a. the ownership, maintenance, operation, use, Loading or Unloading, or entrustment to others, of any Auto, aircraft or watercraft; or b. Bodily Injury or Personal Injury to: 1). another Employee of the same employer; 2). any Volunteer Worker volunteering for the same person or organization; or 3). the spouse or any child, parent, brother or sister of that other Employee or that Volunteer Worker as a consequence of such Bodily Injury or Personal Injury to that other Employee or that Volunteer Worker described in paragraph b.1). or 2). of this exclusion; or S UOOI 02-14 Page 8 of 25 ® 2014 The Travelers Indemnity Company. All rights reserved. 8 of 9 SPC ID:Job HERMCOMP(VKTOO) 1, you have, and any other involved Insured has, complied with all the terms of this policy; and 2. the amount any Insured owes has been determined with our written consent or by actual trial and final judgment. K. Maintenance of Scheduled Underlying Insurance 1. During the Policy Period, you agree: a. to keep Scheduled Underlying Insurance in full force and effect; b. that the terms, including definitions, conditions and exclusions, of Scheduled Underlying Insurance will not materially change; c. that the total applicable limits of Scheduled Underlying Insurance will not decrease, except for any reduction or exhaustion of aggregate limits solely by payments as permitted in paragraph I.G. above; and d. that any renewals or replacements of Scheduled Underlying Insurance will provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed or replaced. 2. If you fail to comply with these requirements, this insurance is not invalidated. However, we will be liable only to the same extent that we would have been, if you had fully complied with these requirements. 3. If you are unable to recover from an issuer of any Scheduled Underlying Insurance because that issuer is unable to pay or you fail to comply with any term or condition of any Scheduled Underlying Insurance, we will only pay those sums covered by this insurance which are in excess of the limit of insurance shown in the Schedule of Underlying Insurance for such Scheduled Underlying Insurance. L. Other Insurance If valid and collectible Other Insurance applies to damages that are also covered by this policy, this policy will apply excess of, and will not contribute with, that Other Insurance, whether it is primary, excess, contingent or on any other basis. However, if you specifically agree in a written contract or agreement that the insurance provided to any person or organization as an Insured under paragraph IV.O.3. above, must apply on a primary basis or a primary and non-contributory basis, this policy will apply to Bodily Injury, Property Damage, Personal Injury or Advertising Injury as if Other Insurance available to such person or organization under which that person or organization qualifies as a named insured does not exist, and we will not share with that Other Insurance, provided that such Bodily Injury, Property Damage, Personal Injury or Advertising Injury is caused by an Occurrence that commences subsequent to the execution of such contract or agreement. But this insurance still is excess over any Other Insurance, whether such insurance is primary, excess, contingent or on any other basis, which covers that person or organization as an additional insured or as any other insured that does not qualify as a named insured. M. Premium The premium for this policy is the amount stated in Item 5 of the Declarations. It is a flat premium unless specified as subject to an audit adjustment. N. Separation of Insureds Except with respect to the limits of insurance of this policy and any rights or duties specifically assigned to the first Named Insured designated in Item 1 of the Declarations, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each Insured against whom the Claim is made or the Suit is brought. SU001 02-14 © 2014 The Travelers Indemnity Company. All rights reserved. Page 23 of 25 9 of 9 SPC ID:Job HERMCOMP(VKT00) City of Dent r 5 }Rpp _Business License._ � �T , s, n � I WASHINOTON HERMANSON COMPANY LLP 12212AVN KENT,WA 98032 Please tear at perforation Per BUSINESS LICENSE and use tax must he coded LICENSE MUST BE RENEWED ANNUALLY BY No.1715 for all qualified ® JANUARY 31 TO AVOID PENALTY Sales within the city of lasuance of License Does Not Imply Licensee's Ken[. KENT w A s H i H o T o N Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS Year : 2016 PLACE,NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLC-2000150 HERMANSON COMPANY LLP MAYOR 1221 2 AVE N The City Of Dent KENT,WA 98032 At 220 4711 AVE 80 KHNT.WASmNOTON 98032 1 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 10/12/2016 Count Trade Classi motion a e Holiday Overtime Note King Boilermakers Journey Level 1 $64.29 5N I 1C https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 10/12/2016 Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond Bond No: 929638155 CONTRACTOR: SURETY: (Name,legal status and address) (Arame,legal status and principal place of larsfness) Hermanson Company, LIT Western Surety Company 1221 2nd Avenue North 333 S.Wabash Ave. This document has important legal Kent,WA 9803Z Chicago,IL 60604 consequences.Consultation with an attorney is encouraged with respect to its completion or modification. OWNER: Any singular reference to (Marne.legal status mad adakess) Contractor,Surety,Owner or City of Kent other party shall be considered plural where applicable. 220 Fourth Avenue South (Cent,WA 98032 CONSTRUCTION CONTRACT Date: Amount$$85,410.00 De,cnpron: Remove existing hot water tanks from the mechanical room at ShoWare Center and replace with 2 PVl (A1brae and loca7ionj Conquest 401,high efficiency condensing water heaters,Kent,WA BOND Date: l 0 1 1 0 I 1 ('6 (Not earlier than Constvction Coat•aotDate) Amount$85,410.00 Nlodifioations to tins Bond: Q None ❑ Sae Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (C'anporate,seal) Company (Corporate Seal) Hermanson Company,I,Lp Western Surety Company n signature: a Signature: Name Name Deanna M.French and Title: Jason G. Mifliren, Director of Finance mid Tifla: Attorney-in-Fact (Aru,additional signatures appear on the lastpage of ilus Performance Bond) ,FOR INFORUATIOMOM.1- ---Name, adrb-ess surf telephone,) ' AGENT or BROKER: OWNER'S REPRESENTATIVE: (Aithiteet,Engineer or other party:) Parker I Smith I Feek 2233 112th Ave.N.E. Bellevue,WA 98004 (425)709-3600 S-18521AS 8l10 Page 1 of 4 § I The Contractor and Surety.joinfly and severally,bind themselves, their heir.,executors,administrators,successors and assigns to the Owner for the performance ofthe Censimction Corilhocr,which is incorporated herein by rcf7ence. § 2 If the Contractor performs the Construction Contract,the Surety and the Contactor shall have no obligation under this;Bond,except whan applicable to participate in a conterene as provided in Sachem 3. §3 If ihctei5 no Owner Default under the Construction Contract the Suretys obligation under this Bond shall arise after .1 the Owner lust provides notice to the Contractor and die Surety that the Owner is cmisidanng declaring a Cotntrctor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Sraety to discuss the i Contractor's performance,If the Owner does net request a coudcrenee,the Suety may within five(5)business clays after receipt of the Owners notice,request such a conference. If the Surety timely requests d conference,the Owner skssll attend.I:.Ham the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surotys receipt of fire Owner's notice.If the Owner,the Contractor curd due Surety agree,the Contractor shall be allowerd a reasonable time to perform the Construction Contract,but such an aerecment shall not waive the Owner's right,if any,subsequently to decifra a Contractor Default: .2 the Owner declares a Contractor Default terminates the Corshnction Contact and notifies the Surety;and .3 the Owner has agread to pay the Balance of the Contact Price in accordance with the terms of the Construction Contract to the Siff cry or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3_I shall not constinna a failure to comply with a condition precedent to the Suretys obligations_or release @me Siff cry from its obligations,except to the extent the Surety demonstrate,actual prejudice. §5 When the Owner has sati;fi ad the conditions of Soction 3,the Sur etyshall promptly and at the Suroty's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform acid complete the Coast suction Contract itetf,through its agent or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to fire Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance end payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the oinormt of dmnages as described in Section 7 in excess of the Balance of the Contract Price inem-rcd by the Owner as a result of the Contractor Defardt;or i §5.4 Waive its right to perform and complete,arrange for completion or obtain a new contactor and with reasonable promptness under the etrcrinlstances: .1 After inve.;tigation,determine the amount for which it may be liable to the Owner and,as soon as practicable ader the amount is detenuined make payment to the Owner,or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section;with reasonable promptness,the Suety sbtll be deemed to be in default on Ikus Bond seven days after receipt of an additional written notice from the Owner to the Surety dennandurg art[the Sur ety perform its obligations under this Bond,crud the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety,proceeds as provided in Section 9.4,and the Owner refuses the payment or the Surety has dcruw liability,in whole or in part,without bother notice the Owner shall be entitled to enforce any I medy available to the Owner. I S-1852/AS 8110 Page 2 of 4 §7 if the Surety elects to dot under Section 5.1, 5.1_or 53,then the responsibilities of the Siff el,y to the Owner,shall not be greater than those of the Contractor under the Construction Contract;and the responsibilities of the Orowcr to the Surety shall not be greater than those of the Chimer under the Construction Contract.Subject to the enmmitrn-lit by the Owner to pay the Balance of the Contract Price,the Surety is obligated.without duplication,for .1 the responsibilities of flue Contractor for correction of dofaclive work and completion of the Construction Contruct .2 additional legal,design professional and(Ieldy costs resulting from the Contructor's Default.and resulting ftom due actions or failure to act of the Surety wider Section;and .3 liquidated danuuges,or if no liquidated damages are specified in the Construction.Contract,aerial damages caused by delayed performance or non-performance of the Contractor. §8lfthe Surety elects to netMiller Section 5.1. 53 or 5.4,the Surzt)rs liability is hinted to the amount of this Band § 9 The Surety shall not be liable to the Owrnzr or others For obligations of the Curbactor did are MIT elatedt to the Construction Contract,and the Balance of the Contract pricy shall not be reduced or set off on aceourd ofany such unrelated obligations.No right of action shall accrue on ibis Bond to any person or entity other than the Owner or its heirs,executors,administrators,.successors and assigns. § 10 The Surety hereby wolves notice of any ch mac,including changes or time,to the Construction Contract Or to related subcontracts,pin'ehase arden,and other obligations. § 11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of compztern jurisdiction in the location in which the work or Pill of the work is located and shill be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two}ears after the Surety refuses or fails to perfomr its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited bylaw,the nuninuum period oflimitation uvai lab]e to sureties as a defense in the jurisdiction of the soot shall be applicable. § 12 Notice to the Surety,the Owner or die Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 VA`cn this Bond bas teen funiished to complywdth a statutory or other legal requiremert in the location whore the construction was to he performed,anyprovision in this Bond conflicting with said statutory or legal requ iremoni shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein When so fi¢nishod,the intent is that this Bond shall be construed as a statutory bond and not i s a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price.The total amomutpayable by Ili Owner tothe Contractonmderthe Construction Conh'actaAer,nil proper adjuchnents huve been made,including allowance to lho Contraotor of any aruounts received or to bo received bythe Okmer in settlement of insurance or other claims for datrrages to which the Contractor is entitled,reducedby ill valid and proper payments made to or onbelralf of the Contractor under the Constncton Contract. § 14.2 Construction Contract.The agneennent between the Orvner;md Contractor identified on the cover page,including all Contract Docrnnents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure ofthe Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material lean of the Construction Contract § 14.4 Owner Default.Failure of the Oehmer,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or bo perform and complete or comply with the other anaterial tears of the Construction Contract. § 14.5 Contract Docu meets. All the document that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be dcomcd to be Subcontractor and the temp Ouorazr shall be deemed to be Contractor. 8-18521AS 8/10 Page 3 of 4 § 16\lodifie ad ons to dus bond are as follows: II (Space is of added parties,other ihan those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company. (Corporate Senl) Company: (Coiporate Scal) signature: SSgtatura: Ntune and Tide: Name and Title: .address Address 5-18521AS 8/10 Page 4 of 4 Document A312TM - 010 Conforms with The American Institute of Architects A Document 312 Payment Bond Bond No: 929638155 CONTRACTOR: SURETY: l=Vmne,[egad status and address) Warne.legal states and principal place ofbasmess) Hermanson Company,LLP Western Surety Company 1221 2nd Avenue North 333 S.Wabash Ave. This document has important legal Kent,WA 98032 Chicago,IL 60604 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. OWNER: Any singular reference to (Vane,legal stator mid add,ess,) Contractor,Surety,Owner or City f K other party shall be considered ! tY o Kent plural where applicable. 220 Fourth Avenue South Kent,WA 98032 CONSTRUCTION CONTRACT Date: Ainount:$85,410.00 Description: Remove existing hot water tanks from the mechanical room at ShoWare Center and replace with 2 PVT iNarne and location) Conquest 40L high efficiency condensing water heaters,Kent,WA BOND Date: 1 ® r/ ®//(� ! l,Abt ember than Conshvelim,Conlract Date) Amount:$ S85,410.00 Modifications to this Bond ® None Scc Saction 18 CONTRACTOR AS PRINCIPAL SURETY Company- (C o'Porate Seal) Comparry: (Corpante Seal) Hermanson Company,LLP Western Surety Company Sigmtum: Signaftee: Name 111 Namz V Deanna and Title: Jason G. Milliren, Director of Flnance,u,tlTitte: Attorney-in-Fact French (4nv addilioual signalw es appear on the lust page of this PnyrnwvtBond.) (FOR HWOR4I ITIONOAII' —Name: address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (flrnhi)act, Lrttgine-er•a•odrerpnrt);l Parker I Smith j Feek 2233 112th Ave.N.E. Bellevue,WA,98004 (425)709-3600 S-2149/AS 8/10 § 1 The Contractor and Surety,jointly and severally bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to l pay for labor,materials amid equlpmeut hrruu shed for use in the performance or[lie Construction Contract,which is incorporated herein by reference, subject to the following terms. §2 if the Contractor promptly nmhzs payment of'ill sums due to C'lahnarte,and defend,,indemnifies mid holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or aquupment furnished for use in the performance of the Construction Contract,then the Surety mid the Contractor shall have no obligation tinder thi,Bond. §3 If there is no Owner Default under the Construction Contract,the Suret}�s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Sol efy(at the addiess described in Section 13)of claims,demand3,lien or suits against the Owner or the Owner's property by any person or entity seching payment for labor,materials or equipment furnished for use in the parformarice of the Construction Coral act and tendered defense of such claims,demands,liens or suits to be Contractor and the Surety. §4)y9ren the Oiimer has satisfied the aondtions in Section 3,the Surety shall promptly and at the Surety's expense defend,indeuvufy andhold harmless the Oumer against a duly tendered claim,demand.Jim or suit. §5"1'tie Surety's obligations ton Claimant under thus Bond shall arise after the following: §5.1 Claimants,who do not have a direct contractwith the Contractor, .1 have furnished a written notice o£non-paymerd to fie Contractor,stating mith substantial accuracy the amount claimed and the name of the party to whom the materials ware,or equipment wren,fiirrushed or supplied or for whom the labor was clone or performed,i0bin ninety(90)days after having last performed labor or last firmished materials or equipment inchided in the Clan n; and 1 .2 have sent a Claim to the Surety(at the address described in Section 13). j § 5.2 Claimants,who are employed by or have a direct cordrad with the Contractor,have sent a Claim to the Surch-(at the address described in Secfion 13), §61f it notice of non-payrnont required by Section 5.1.1 is giver by the Owner to the Contractor,that is suitTreient to satisfy a Claimants obligation to fwnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 521 whicliever is applicable,the Surety shall promptly and at the Suurcty's expense take the following action: § 7.1 Sand air answerto the Claimant;with a copy to the Owner,within sixty(00)days after receipt of the Claim,suiting the amounts that are undisputed and the basis for challenging any amounts that ne disputed and §7.2 Pay or arange for payment of any undisputed amounts. §7.3 The Suretys failure to discharge its obligations under Section 7.1 or Section T2 shall not be(Iz mod to constitute a waiver of defenses the Sin ety of Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,die Surety falls to cli,oharge its obligations under Section 7.1 or Section 7.2, are Surety shall indemintythe Claimant for the reasonable attorney',fees the Claimant incurs thereafter to recover any stairs found to be dire and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Braid,plus the amotart of reasonable atfixndys fees providadundei Section 731 andthe mnoumt of this Pond shall be credited for any payments made in good faith by-the S7irety. §9 Amounts owedby the Owner to the Contractor under tlx:Construction Contract,&ill be used for the performance of the Constriction Contract and to satisfy claims,if any,under ally contraction perfbnnance bond.By the Contractor finrushing crud the Owner accepting this Bond awy agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to safisf}r obligafions of the Contractor and Surety under this Bond subject to the Owner's priority to use the finds for the completion of the work. S-2149/AS 8/10 § 10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are mutilated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of ally Claimant under this ROnd,and shall have minder thus Bondno obligation tonmake payment to,or eve nofice on behalf of Claimants or othernise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change,including changes of rime,to[tic Construction Contract or to related subcontracts,purchase order and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond ofherihan in a court of competanrjtnisdicfion in the state in which the project that is the subject of the Construction Contract is located or after the expirafion of one year from the date(1)on which the Claimant sent a Claim to Tire Suretypursuant to Section 5.1.2 or 5.1,or Q)oil which the last labor or service was performed by anyone of the last materials or equipment were firrnished by anyone under the Construction Contract,whiebever of(t)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the tninimurn period of limitation available to sureties as a defense in the jurisdiction of the suit.slmall be applicable. §13 Notice and Claims tOtlme Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond his boon furnished to comply with a statunery or other legal requirement in the location where the construction was to be performed,any provision in thus L'ond conflicting with said statutory or legal requirement hall be deemed deleted herctiom and provisions cotmforming to such statutory or other legal requirement shall be deemed uncorponted herein.When so funushecl,the intent is that this Bond shall be construed as a sartutoty bond and not as a common law bond § 15 Uponrequest by any person or entity appearing to be a pot:ntial beneficiary of this Bond. the Contractor and Owner shall promptly fitrnish a copy of this Bond or shall permit a copy to he made. §16 Definitions l' §16.1 Claim.A written statement by the Claimant including at mirimumm: .1 the name of the Claimant .2 the name of the person for whom the labor was clone,or materials or equipment furnished, .3 a copy of the agreement or purchase order Pursuant to winch labor,materials or equipment was furnished for use in the performance of the C'anstnretion Contract; .4 a brief description of the labor,materials or equipment funished; .5 the date on which the Claimant last performed labor or last f umished materials or equipment for use in Tile performance of the Cotutuction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment hrnished as of the date of the Claim; .7 the total amount ofprevious payments received by the Claimant;and .8 the total amount chic 2munp6d to the Claimant for labor,materials of equipment finished as of the date of the Claim. § 16.2 Claim ant.An individual or entity baving a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in tine performance of the Construction Contract.The,term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or siinilra statute against the real property upon which the Project is located The intent of this Bond shall be to include without limitation in the tarns"labor,materials or crimpmcnt"that part of water,gas,power.fight,licat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of tine wort: of the Contactor aid the Contractor's subcontractors,and all other items for which a mechirme's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished I §16.3 Construction Contract. The agreement between the Civitcr and Contuclm identified on the cover page,including all Contract Documents and all changes made to die agreement and the Contract Documents. 5,21491A8 8/10 i it § 16.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required render the Construction Cmitrnet or to perform mid complete or comply with the other material terms of the Comtmction Contract. §16.5 Contract Documents. All the documents dmt comprise the agreement Mwecn tha Owner and Contractor. § 171f this Bond is issued for an agreement between a Contractor and subcontractor,the tenu Contractor in dlis Bond shall be deemed to be Subcontractor mid the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: i (Space is provided below for additional simiatures ofadded parties, other than those appearing oil the corer page,? CONTRACTOR AS PRINCIPAL SURETY Company: fCopporare Seat) Company: !Corporate Seal} signalura; Signature: Name and Title: Name and Tille: Address Address i 5-2149/A5 8/10 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to mid by authority of the following By-Law duly adopted by the shareholders I of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. I Western Surety Company POWF,R OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Susan B Larson, Deanna M French, Jill A Boyle, Ronald J Lange, Scott Fisher, Elizabeth R I3ahn, Jana M Roy, Scott McGilvray, Mindee L Ranl;;in, Roger Kaltenbach, Guy P Armfield, John R Claeys, Individually i of Bellevue,WA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as ful ly and to the same extent as if such instruments were signed by a duly authorized officer of the corporation mid all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confined. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 4th day of May,2016. °gUPET'y'0., WESTERN SURETY COMPANY ems'/4P.POF,q��3a} 3 W:4 e"Iil / / aul T.Bruflat,Vice President State of South Dakota 1 3 County of Minnehaha as On this 4th day of May,2016,before me personally came Paul T. Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instmment;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges !� same to be the act and deed of said corporation. My commission expires J.MO xmavmuwc •���� June 23,2021 socmmxo*n� J.Mohr,Notary Public CERTIFICATE I, L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this /U day of CJ G /-0 lb 26/6 Ga..........ceir"r^q.., WESTERN SURETY COMPANY <�z W"IaPnA4t; - t s\`SE AM�pr �dyre L.Nelson,Assistant Secretary Form F4280-7-2012 I Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY 'I his Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the ', corporation. The signature of any such officer and the corporate seal may be printed by facsimile. i i Page 1 of 3 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Statement of Intent to Pay Prevailing Wage Project Detail - Project Dashboard Document Received Intent ID: Affidavit ID: Status: Approved On Date: 10/24/2016 797601 10/26/2016 Company Details Company Name: HERMANSON COMPANY LLP Address: 1221 2ND AVE N KENT, WA, 98032 Contractor Registration No. HERMACLO05BJ WA UBI Number 602004844 Phone Number 206-575-9700 Industrial Insurance Account ID 40964801 Email Address kdickinson@hermanson.com Filed By Dickinson, Kathy Prime Contractor Company Name HERMANSON COMPANY LLP Contractor Registration No. HERMACL005BJ WA UBI Number 602004844 I Phone Number 206-575-9700 Project Information Awarding Agency KENT, CITY OF 220 - 4TH AVE S KENT, WA - 98032- 5895 Awarding Agency Contact Tim Higgins Awarding Agency Contact Phone Number 253-856-5703 https://fortress.wa.gov/lni/wagelookup/IntentDetails.aspx 11/1/2016 Page 2 of 3 Contract Number 141606396 Project Name Showare Zamboni HWT Contract Amount $71,233.00 Bid due date 10/10/2016 Award Date 10/10/2016 Project Site Address or Directions 625 W James Street Kent, WA 98032 Payment Details Check Number: Transaction Id: 105468769 Intent Details Expected project start date: (MM-DD-YYYY) 10/24/2016 In what county (or counties) will the work be King performed? In what city (or nearest city) will the work be Kent performed? What is the estimated contract amount? OR is $71,233.00 this a time and materials estimate? Will this project utilize American Recovery and No Reinvestment Act (ARRA) funds? Specifically, will this project utilize any No weatherization or energy efficiency upgrade funds (ARRA or otherwise)? Does your company intend to hire ANY No subcontractors? Does your company intend to hire subcontractors No to perform ALL work? Wilt your company have employees perform Yes work on this project? Do you intend to use any apprentices? Yes (Apprentices are considered employees.) How many owner/operators performing work on 0 the project own 30% or more of the company? Journey Level Wages County Trade Occupation Wage Fringe # Workers https://fortress.wa.gov/Ini/wagelookup/IntentDetaiIs.aspx 11/1/2016 Page 3of3 King Plumbers Et Pipefitters Journey Level $52.81 $22.88 2 King Sheet Metal Workers Journey Level (Field or Shop) $48.17 $27.29 1 Public Notes u Show/Hide Existing Notes No note exists i https://fortress.wa.gov/lni/wagelookup/IntentDetails.aspx 11/1/2016 REQUEST FOR MAYOR'S SIGNATURE IGE a T Please Fill in All Applicable Boxes w, Originator: Julie Pulliam Phone (originator): 5702 Date Sent: 11/2/16 Date of Council Approval: 10/4/16 Return Date of Approval from Finance: 9/8/16 Signed Document to: Julie Pulliam (only required on contracts $10,000 &over or on any Grant A reements Date Required: 11/8/16 Date of Approval from Risk Manager: 9/29/16 Vendor Name: Hermanson ShoWare Hot Budgeted: YES ® NO ❑ Water Tank _Budget Fund: 19506210.66410.4382 Brief Explanation of Document: ShoWare Zamboni Hot Water Tank Replacements ust Be Routed Through The Law Department (This area to be completed by the Law Department) i Received: Law De � APN a Law Dept, Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff I Received: r Recommendations and Comments: 4 Date Returned: I P,�a,Fo,ms,o�,moP.....9 1,"""ss,,.,,,,e....