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HomeMy WebLinkAboutPW18-078 - Original - AmTest, Inc. - Analyze Coliform Bacteria Samples - 02/26/2018 /rim r en � 0 / �" KENT WASHINGTON rr// jDocument /r CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. f you have questions, please contact the City Clerk's Office at 253-556-5725. Vendor Name: AmTest Inc Vendor Number: JD Edwards Number Contract Number: FVV t -0 P " This is assigned by City Clerk's Office Project Name: Analyze Coliform Bacteria Samples Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Goods and Services Agreement Contract Effective Date: 2/26/2018 Termination Date: 3,/1J2020 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: T. Cunningham Department: Public Works Contract Amount: $53,011.00 Approval Authority: ❑I Director ❑ Mayor ® City Council 2/20/2018 Meeting date Detail: (i.e. address, location, parcel number, tax id, etc.): KENT w.5 -01- GOODS & SERVICES AGREEMENT between the City of Kent and AmTest, Inc THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AmTest Inc. organized under the laws of the State of Washington, located and doing business at 13600 NE 126th PI., Suite C, Kirkland, WA 98034, Phone: (425) 885-1664/Fax: (425) 820-0245, Contact: Aaron Young (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall collect and analyze the City's state mandated routine coliform bacteria samples. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by March 1, 2020. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Fifty Three Thousand and Eleven Dollars ($53,011), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Sampling shall occur on the first four (4) Tuesdays of every month for two years. Vendor shall be paid after submittal of invoice. GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) t If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all. claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable GOODS &SERVICES AGREEMENT - 4 (Over$20,000, including WSST) attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOODS &SERVICES AGREEMENT - 5 (Over$20,000, including WSST) H. Compliance with Laws, The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent, As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Reguired. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email, This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing, the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts coinsistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VEN CITY OF KENT: By: 7,,,4� By: 'si ature (signature) V ok� 6 Print Name: Print Name; Dana Ralph Its Mayor DATE: 10(title) DATE: Q1 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF DENT: Aaron W. Young Timothy J. LaPorte, P.E. AmTest Inc City of Kent 136001 NE 126 " PI STE C 220 Fourth Avenue South Kirkland, WA 98034 Kent, WA 98032 (425) 885-1664 (telephone) (253) 856-5500 (telephone) (425).82.0.-.0245 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: ent Law Department [In this field,you may enter the electronic folepath where the Contract has been saved3 GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 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 1, 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: A kv,le,s Title: V( C,f Date: I I I-I EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A Scope of work: AmTest, Inc. will collect and analyze the City of Kent's state mandated routine coliform bacteria samples. Sampling consists of eighteen (18) coliform and free chlorine residual samples per week, at City designated sampling locations, the first four (4) Tuesdays of every month, for twenty four (24) months. AmTest, Inc. will also submit all necessary sample result paperwork to the Washington State Department of Health Office of Drinking Water as required by the City in chapter 246.290.300 WAC, as well as copies to the City of Kent Water Department. / ✓� ✓ �r i/�i r'i�ti�✓yf�� ; AN L A B O R A if A R 1 5 December 13, 2017 To: Tom Cunningham City of Kent Public, Works/ Water Section 220 Fourth Ave S Kent, WA 98032 Rc: Price (quote for Laboratory Analysis and Sampling "I`orn 1. Am Test will perCorm all of the routine bacterial sampling and analysis at a rate of$14 per sample and a flat fee of 250 per week for the; sample collection process. Considering; 18 samples per week four times per month, the total cost for the collection, analysis and reporting; would be S24,096 per year. There would not be any price change for the second year ofthe contract,. Additional drinking, water prices are as follows: Parameter 'rice/F ach Full 1C)C $ 200 VC)C; $ 150 _. Nitrates $ 17.50 'll'T1-111�7's $ 75 ._.._.._ .w_.._..__�m._..— ... . _......._w.. .. ._.__. _ .___._ ...... 1iAA5's � 100 Fluoride S 12 SOC (52.5) `1; 250 SOC (515) $ 150 NW'1'1'1t-Dx $ 75 Priority £'OHL11an't Mc, als I00 I A-Dioxane $ 250 TOC's $ 25 Mender Plates _ _ `)r 1.50 E. C o1i {Cato atel Ground Water 1�ule),._ V$ 25 Nitrate/Nitrite natal $17,50 HPC $15 Lead & Copper .._ _17.50 _....___ ...._... Radiuni 228 $ 110 Raciiuni 226 Cross alpha/Crross 13em__. 10 If you have any questions or comments please feel free to contact me at 425-885-1664 or i by email at aaronv(ei.-amteselib.com i Sincerely, I Aaron W. Young Lab Manager 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 1185. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. 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 $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. CERTIFICATE OF LIABILITY INSURANCE 10/18/2017 THIS CERTIFICATEIS ISSUED AS A MATTER OF ONFORMAT10NONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATEOOES NOT AFFIRMATIVELYOR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ' "H. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(8),AUTHORIZED 3ENTATIVEOR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT:If the eortUlCateholder is an ADDITIONALINSURED,NTa P011CY(les►nusl be endorsed.If SUBROGATIONS WAIVED,subject to the termsandcondibons of the policyconampoltcietenaymquir nondemement.A statementon Ihiscenificatadoesnot conlerrlghts to the ccnificatoholder In lieu or such eTdorsemont(s). PRODUCER `'1A."" ' NiMc DINA ATHEY ISU INS SERV - SC ENV BROKERAGE P c01`F To, (916)939-1080 F" w, i910 939-1085 1037 Suncast Ln Ste 103 E'M,a E1 Dorado Hills, CA 95762 AUJRrS:i INSIIRLN131 AFFOHD.NG COVERAGE NAICa 1NSURERA ADMIRAL INSURANCE COMPANY 24856 AM TEST, I INC. NSVRER S GREAT AMERICAN INS CO OF NY 39896 13600 NE 126th PLACE, STE. C Ns"RER, KIRKLAND, WA 98034 NSURFRO INSVRER V'SU t.^k COVERAGES CERTIFICATE NUMBER REVI$IGrI NI)MBFR THIS IS TO CERTIFY THA-THE POLICIES OF INSURANCE LISTED bi-t.OVJt1AVE HEFN SSCED TO THE INSUPEO NAMED ABOVE FOR THE PCLCY PERIOC INDICATED NO'IMTHSTANOING ANY FEOIJIREMENT.TERM OR CC NDI7'ON r;F ANY CONTRACT OP OTI TER(DOCUMENT VArT A RESPECT TO AHICH rHl5 CCRTFICATE MAY BE USSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLIC..ES DESCRIBED HEREIN S SUB.ECT TO ALL TIT Ir_ TERMS, EXCLUSIONSANDCOND17IONS OF SUCHPOUCIES LIMITS SHiWLN MAY HAVE BEENRED-GED HYPAID C-AWS TYPL OrI:ISURAN-E F,J'..� •NUMHF4 R1M9L1"i Y1"f I IIiMA;aYY r'I� LIM IS X COMMERCIAL GENERAL LIABILITY 1a' VAS,' EACH _K;.I,RREr;CE s 1,000,000 PREMISES`iEa 3 100,000 X CONT.POLLUTION NED,FFIAnroce4tleo $ 10,000 A X STOP GAP INC. FEI-ECC-22078-02 0/19/17 10/19/18 PFP:;CIAL;A,lrNJURY s 1,000,000 [J�,EN�AGGRF,�AT�.LtAe'.*APPLIES i��R uENERAI ACGRFGATE a 2,OOO,000 PPG- 2 000a000 ECt s OND6ILE LIA81LIlY ' COhtE3l\EII''+Ir1GLE LIMI T IEd eccaenl f ANYAUTU HO^ILYIH'VRY Per I Per3cai { ALL OW,lFr' :tc=HEoul rU A'ITOR AUTOS SJViLY rrl,uRY 1°n aL+:ICenO { NON.CYJf+Lt' P�r;�i"RTY �A'NrGF HRED AUTO$ AU-n; Iccdcoq { s UMOREILA LIA9 OCC.R EACH OCCURRFI,I,E y EXCESS LIAR I:L.+!NSRrAL G.3F,:n•t: I CED REIENoUti S ORKF,NS I:G'PENSAri(lN PER OTH. AND EM PLOYENS'LIARILITY $t 4TUT_ F.k YIN 7 rvr«..n.rowrrrc�,.. NrA EL EACH ACCIJEW 3 (Maeldataryn NHI, E L O SF,AS, EA EI.1Pl. EE { OE3CHIPilO1.OFCIPERAiIiJN:i ne.o.. -L UISLASf.POUC'r LIMIT y A PROF.LIAS. FEI-ECC-22078-02 0/19/17 10/19/18 0/19/18 $1,000,000 OCCURRENCE CLAIMS MADE RETRO: 10/1/94 $2,000,000 AGGREGATE B PROPERTY MAC 3-37-92-53-06 0/19/27 SPECIAL FORM INC. THEFT DESCRIPTION OF OP'_RATIONS/LCCATIONS fVEHlf.t.FS3ACORO 101_Atlt,pr,Remarks cc ek 1.�::.J�p IIr.�,ne0 f rrrRe.-{ta.x rep.ieCl RE: ALL OPERATIONS THE CITY OF KENT HAS BEEN NAMED AS ADDITIONAL INSURED WITH RESPECT TO THE GENERAL LIABILITY. PRIMARY COVERAGE APPLIES. SEVERABILITY OF INTEREST APPLIES. (BLNAKET ENDORSEMENTS ATTACHED) CERTIFICATE HOLDER CANCELLATION CITY OF KENT l(JULO HNY OF THE ABOVE CESCP.IBEC FOLiC.IES BE CANCELLED Fffl oqF ATTN: NANCY YOSHITAKE THE EXPIRAT)ON DATE THERECF NO-ICE 'VVLL HE OELWEREC IN 900 WEST GOWE .ACCORDANCEAITH Wzc R(AC,Y PROVISIONS KENT, WA 98032 Af;rNCRI:Fo REPRE�Y''� /� ,1)1966-2014 ACORO CORPORATION All hghts reserved ACCR025(2014101 y The ACORD namV and:oga are reglsler6d marks DI ACOFU ACC CERTIFICATE OF LIABILITY INSURANCE DATRIMIU NYVY) �� F10/27/2017 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS `"ITIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE.AFFORDED BY THE POLICIES OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: I/the certificate holder Is an ADDITIONAL INSURED,the policy((es)must be endorsed. It SUBROGATION Is WAIVED,subject to the terms and conditions of the policy,certaln Pollclas may require an endorsement. A statement on this cartlficata does not confer rights lD the certificate holder In Ileu of such andorsement(s). PRODUCER CONTACT CL Central Leavitt Group Northwest PHONE I (425)258-2300 FAX (a75)75e-9]6] Po Box 9068 E Broker INGURE S AFFO DINO COVERAGE NAIC Tacoma WA 96490 _ INSURERA:Ohic security Insurance Company 024082 INSURED INSUR&R B AM Test -- 13600 HE 126th P1 Ste C INSURER CINSURERD: INSURER E: Kirkland WA 98034-8720 INSURERF! COVERAGES CERTIFICATE NUMBER:17/18 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 85LOW 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. tL SR TYPE OF INSURANCE POLICY U8R POLICY NUMBER MNIDO POLICY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLA MS•MAIDE LJ OCCUR OAAU1 E T6 RENTED PREMISES 043=Curyerlrel 5 ! IVIED EXP(Ark•ono Parson) E PERSONAL&AOV INJURY 3 GEN'L AGGREGATE Ln117 APPLIES PER GENERAL ACGRCGATE s ~ POLICY❑PRO- ❑ JECT LOC PRODUCTS-COdIPlOP AGG 3 OTHER_ s A U08"LIABILnY MIN LIMIT3 1,000,000 Ea acooeru _ _ A ! R ANY AUTO I BODILY INJURY(Per perm) S AU OWNED SCHEDULED RA954637297 10121/2017110/21/2018 BODILY INJURY P&wckknl S _ AUTOS AUTOS X � ( ) HIRED AUTOS NON-OWNEO PROPERTY ONNAGE 3 AUTOS I P-r Eaiaer, Meftal p a rnerla 3 5,000 UMBRELLA LOB OCCUR I EACH OCCURRENCE 3 EXCESS LIAR CLAIMS-1ADE A4GREGA7E £ OEO RETENTION a 3 WORKERS COMPENSATION I H. AND EMPLOYERS,LIABILITY YIN ANY PROPRIETORtPARTNERIE%ECUTIVE EL EACH ACCIDF.N7 S OFFICERIMEMEER EXCLUCED7 MIA _ (Mandatary in NH) E.L.DISEASE-EA EMPLOYE S it yes,devAN under —.. I O•SCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLEB(ACORD 101,Addlllonal RematAs achadulo,may be athchad tr mars space la requited) City of Kent is named additional inaured with reapecta to automobile liability as per written contract with the named insured form CABB100110. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL.Lab BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN /Engineering Administration ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Dept Attn: Nancy Yoshitake AUTHORIZED REPRESENTATIVE 220 Fourth Ave S Kent, WA 98032 PJ zcGilmer/PJGILM 01900-2014 ACORD CORPORATION. All rights reserved. ACORD 28(2014101) The ACORO name and logo are registered marks of ACORD INS026(201401) AM Test, Inc. PEndorsement Number: 5 ` Automatic Additional Insured — Owners, Lessees or Contractors This endorsement,effective 10/19/2017 attaches to and forms a part of Policy Number FEI-ECC-22078-02.This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of$Applied,this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Pei-son or Organization: Any person(s)or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. ECC-319-0712 AM Test, Inc. Endorsement Number: 22 40MIRAL Additional Insured — Owners, Lessees, or Contractors — Completed Operations This endorsement,effective 10/19/2017 attaches to and forms a part of Policy Number FEI-ECC-22078-02,This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of$Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organ ization(s): Operations Any person(s)or organization(s)whom the Named Insured Those project locations where this agrees, in a written contract,to name as an additional insured. endorsement is required by contract. However,this status exists only for the project specified in that contract. Information required to complete this Schedule,it'not shown above,will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s,) shown in the Schedule, but only with respect to liability for"bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 @ ISO Properties, Inc., 2004 AM Test, Inc. Endorsement Number: 17 MORAL Automatic Primary and Non-Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement,effective 10/19/2017 attaches to and forms a part of Policy Number FEI-ECC-22078-02. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the Coverage Part(s) indicated below: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTORS POLLUTION LIABILITY COVERAGE PROFESSIONAL LIABILITY COVERAGE SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of an additional premium of$Applied and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by You Linder any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurance. ECC-548-0317 AM Test, Inc. Endorsement Number: 6 ADMIRAL S' Automatic Waiver of Subrogation Endorsement 'This endorsement,effective 10/19/2017 attaches to and forms a part of Policy Number FEI-ECC-22078-02. This endorsement changes the Policy. Please read it carefully, '['his endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s)or organization(s)to whom the Nained Insured agrees, in a written contract, to provide a waiver of subrogation. However,this status exists only for the project specitted in that contract, The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. ECC-320-0712 REQUEST FOR MAYOR'S 9SGNATURE �WFeK�w x..e m ranamr IN MEN" unnin9�am: oaeE sertn oaEeaequ rec g��u feld Ce' 3/1/202P . a tto VyendY AmTesl c' M€ w °iam ..o.o�. r.. lfsfi$ �a EoicoTi—' fin eaovn� uz0/18 skM .rva. . tl INS �Bf 41005550'6419� �G31 knae sm: ".will gantl"anay 9 h e4yssea[e ndafaA rouGnem m ..� Sit �s ..use. rearnmwx: .me awoeoemment.. law oea aw rldPUi —�, '�s k n���e✓ vaemiir mp �a'.'° • 4^4�� KENT WAS 111 N(1,r C)N Agenda Item: TO: City Council DATE: February 13, 2018 SUBJECT: Contract with AMTest Inc., for Water System Bacteriological Sampling - Authorize MOTION: Authorize the Mayor to sign a Goods and Services Agreement with AmTest, Inc, for routine bacteriological water sample collection in an amount not to exceed $53,011.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Pursuant to WAC 246-290-300 the City routinely collects and analyzes seventy-two bacteriological water samples per month at predetermined monitoring locations in the distribution system. These tests ensure that drinking water is free of coliform bacteria, which is monitored to protect public health. EXHIBITS: Agreement RECOMMENDED BY: Public Works Committee YEA: Troutner, Fincher, Higgins NAY: BUDGET IMPACTS: Water Utility Operating funds are budgeted and used for this annual expenditure.