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HomeMy WebLinkAboutCAG2021-447 - Original - Systems Interface, Inc. - Pump Station #7 PLC Upgrade - 10/12/2021ApprovalOriginator:Department: Date Sent:Date Required: Mayor or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received: City Attorney: Comments: Date Routed: Mayor’s Office City Clerk’s OfficeAgreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Local Business? Yes No* Business License Verification: If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Yes In-Process Exempt (KCC 5.01.045) Notice required prior to disclosure? Yes No Contract Number: This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY Agreement Routing Form For Approvals, Signatures and Records Management (Optional) Basis for Selection of Contractor: * Memo to Mayor must be attached Termination Date: Authorized to Sign: Original CAG2021-447 GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and Systems Interface, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Systems Interface, Inc. organized under the laws of the State of Washington, located and doing business at 10802 47th Avenue W., Mukilteo, WA 98275, Phone: (425) 481-1225, Contact: Scott Martin (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall provide PLC programming services and hardware upgrades at Pump Station #7. For a description and Vendor's Scope of Work, see Exhibit A which is attached and incorporated by this reference. The 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, the Vendor shall complete the work and provide all goods, materials, and services by March 31, 2022. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Thousand, Nine Hundred Thirteen Dollars and Forty Nine Cents ($20,913.49), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: The Vendor shall be compensated after execution of the agreement and upon submittal of invoice for each authorized work request. GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the 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 the Vendor for any defective or unauthorized goods, materials or services. If the 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 the 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 the 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 the 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 the 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. GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) 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, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the 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 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 VIII, 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 the 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. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII. 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 GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) 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. 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). IX.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. X. WARRANTY. The 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. The 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 the Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) should have known of the defect, or (2) upon the 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. XI.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. The 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. XII. INDEMNIFICATION. The 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 the 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 the 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 the Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. 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. XIV. WORK PERFORMED AT VENDOR'S RISK. The 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 the Vendor's own risk, and the 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. XV. 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. GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) 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 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 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 the 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. 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 the 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 Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 10/12/2021 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; Scott Martin' For: Systems Interface, Inc. Title: Project Sales / Manager Date: 10/05/2021 EEO COMPLIANCE DOCUMENTS - 1 of 3 EEO COMPLIANCE DOCUMENTS - 2 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 - 3 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: _________________________________________ EXHIBIT A functional replacement code. Programming shall primarily be completed in ladder logic unless functionally unfeasible. All code shall be open to the end user and non- proprietary. 3. Convert the existing Step 7 V5.5 software to TIA Portal V15.1. 4. Provide all labor, material and hardware required to replace the existing Siemens 300 series CPU and 1/0 modules with a direct Siemens S7-1500 CPU series replacement. S. Replace the existing HMI with a TP1200 Comfort panel. 6. Prepare and install any required hardware for future Profinet controlled Drives. *Commissioning 1. Installation of the new program and hardware. 2. Check all wiring to the newly installed S7-1500 PLC's. Provide any additional hardware required to complete the conversion. 3. Perform all 1/0 and functionality checks with assistance of City staff. 4. Confirm proper communications to headquarters with City staff. 5. Provide updated drawings (.dwg files) of direct changes. *(2) hard 11X17 copies and (1) electronic copy. * City will provide original ACAD drawings to be updated. Project Duration *Due to the critical nature of this water source all work shall be completed in a single day shift. 7am-4pm *The City will conduct a full functional test of the pumping system for 1-week, (7) calendar days, to the satisfaction of the City. Any wiring or PLC code modifications required to satisfy completion shall be completed by the integrator upon notice. *Contractor shall warrant all work including software changes and hardware installation for 1-year upon final acceptance. This is to insure proper functionality. *The contractor will enter into a Goods and Services Agreement with the City prior to any Notice to Proceed. (425)481-1225 T (425)481-2115 F Systems Interface Inc. w .systems-Interface.com 10802 4r' Ave W. Wkllteo, WA 98275 USA To: Estimator From: Scott Martin, P.E. Re: City of Kent, Pump Station 7 Project Spec Sections:l6xxx and 17xxx — MCCs. VFDs, Instrumentation, Telemetry, and Control System Sit Quote #: OS211002-1 Inclusions: Standard Inclusions 1. Updates to existing ACAD drawings (provided by City of Kent), Electrical Schematics, Panel Layout drawings, and Bill of Materials for all SII supplied equipment. (2) hard 11x17 copies and (1) electronic copy will be provided. 2. Supply of Submittals, Operation and Maintenance Manuals, along with all other required documentation on S I I supplied equipment as part of this quotation. 3. PLC replacement and code update of one (1) S7-300 PLC with remote 110 located at the Pump Station #7 water facility. This includes the existing PLC, HMI, remote 110 rack, and all associated hardware. A new Siemens 1500 PLC, remote 110 and HMI will be installed and loaded translated program in its place 4. Configuration of all supplied instrumentation. 5. Provision of (2) Danfoss VFd Profinet communication cards (for a later system update). Profinet infrastructure for new network to be included. 6. Technical coordination with all Contractors during instailation. 7. 0n-site startup, testing, & commissioning services consisting of one 8-hour day between lam and 4pm. Modifications to existing panel with: 1. New Siemens 1500 PLC system with: a. 1511 CPU b. One 531 8 pt. Analog Input Modules c. One 521 16 pt. Digital Input Modules d. Two 522 16 pt. Digital Output Modules. e. One 322 16 pt. Relay Output Modules. f. One 241 Communications Module (to connect with existing telemetry modem). One TP1200 CE6.0, 12" COLOR TOUCH SCREEN Door -mounted Operator Interface Touchscreen. Qualified Engineering Resources Matt Davis -- EIT, approximately 10 years ongoing Siemens PLC 1 HMI programming experience. Project Management SCADA design and implementation. Greg Michaelson — EIT, approximately 3 years ongoing Siemens PLC 1 HMI programming experience • Siemens TIA Portal Programming Course 1 Siemens TIA Portal Programming Course 2 Jordan Cross — MS EE, approximately 3 years Siemens PLC 1 HMI programming experience. (425)01-1225 T (425)481-2115 F www.systems4nterfa�.com Systems Interface Inc. 1 Dee2 4r" Ave W. Wkiltep, WA 915275 USA Similar Project Work Project # S20L003 — City of Kent Clark 5prings. o Development of a oomplete set of Electrical Schematics, Panel Layout drawings, and Bill of Materials for all Sit supplied equipment. o Supply of Submittals, Operation and Maintenance Manuals, along with all other required documentation on S I I supplied equipment as part of this quotation. o Programming and configuration of all supplied and existing control equipment; including the Siemens PLC, HQ Alarm Notification System, and HQ SCADA system. o Start up and on -site commissioning. Project # S19A021 — City of Kent 640 Booster Station o Development of a complete set of Electrical Schematics, Panel Layout drawings, and Bill of Materials for all Sit supplied equipment. o Supply of Submittals, Operation and Maintenance Manuals, along with all other required documentation on Sit supplied equipment as part of this quotation. o Programming and configuration of all supplied control equipment. including the AB PLC, Operator Interface, Alarm Notification System, and SCADA systems. o Configuration of all supplied instrumentation. ❑ Start up and on -site commissioning. Project # S18L023 —City of Kent Upper Mill Creek Dam Improvements o Development of a complete set of Electrical Schematics, Panel Layout drawings, and Bill of Materials for all S I I supplied equipment. ❑ Supply of Submittals, Operation and Maintenance Manuals, along with all other required documentation on SII supplied equipment as part of this quotation. o Programming and configuration of all supplied and existing control equipment. a Configuration of all supplied instrumentation, a Startup and on -site commissioning. Exclusions and Clarifications. 1. New Instrumentation or Field Devices. 2. Service or safety Disconnects, Automatic/Manual Transfer Switches, Load Centers, Panelboards, Power Distribution Panels, Main Breakers, Service Entrances, Power Meter Bases, or Transformers that are external to the supplied Control Panels. 3. Pumps, pressure gauges, manifolds, bushings, thermowells, diaphragms, annular seals, purge assemblies, stilling wells, valves, pump over temp sensors, pump moisture sensors, or solenoids that are not an integral part of the supplied instrumentation. 4. Field Installation labor outside of panel upgrade. Interconnecting field wiring (and field wire), conduit, field terminations, mounting brackets, stanchions, supports, mounting pads, fittings, tubing, valving or piping, or anchoring systems. 5. Standby labor rates may apply due to non -productive time spent on -site due to circumstances beyond Systems Interface's control (such as absence of required escorts, clearances, inability to enter workplace, job site conditions, trade stacking, incomplete field wiring, lack of utilities, etc). The costs associated with these conditions will be considered a change order. 6. Systems Interface shall not be held liable for errors or omissions in designs by others, nor inadequacies of materials and equipment specified, supplied, pre-existing, or installed by others. 7. Systems Interface shall not incur cost impacts due to delays associated with the design submittal review and approval process. (425)481-1225 T {425}481-2115 F Systems Interface Inc. www.systems ntertace.com 10802 47°i Ave W, Mukil[eo, WA 98275 USA 8. Seismic Calculations to ensure Seismic Zone installation requirements are met_ 9. Arc Flash Studies or PPE requirement analysis. 10. For systems with Variable Frequency Drives, we are excluding any guarantee of meeting IEEE-519 recommended Harmonic distortion levels, related calculations, or on -site measurements. 11. Short Circuit Current calculations or ratings in excess of 5KAIC. Higher AIC ratings and/or coordinated trip studies can be provided optionally at additional cost. 12. Cost of permits and inspection requirements of field installation. 13. Systems Interface is not responsible for delay, disruption, or liquidated damages of any sort, unless Purchaser requests and receives a quotation which includes pricing and terms for such damages. 14. Costs due to local laws or union regulations to have non Sit craftsman make wiring modifications or adjustments to SII supplied equipment during start-up & calibration. 15. Costs associated with contractor requirements to perform drug testing and meet extraordinary on -site safety requirements. 16. Costs associated with submission of certified payroll and monthly EEO reports, completion of Affidavit of Wages paid, and filing of Intent to Pay Prevailing Wages. Systems Interface Inc. is a supplier of control systems and has no employed staff which fall under Prevailing wage rules and requirements. 17. Systems Interface's proposal is based upon an award of purchase order. Engineering labor, administrative labor, and other miscellaneous costs associated with subcontracting and/or bonding can be provided at an additional charge. 18. Use of a 3ro parry billing system which requires fees to be paid by Systems Interface. 19. Retention is not allowed unless specifically listed as an inclusion in our proposal. No retentions shall be held for time & material proposals, proposals with a billing cycle of less than 30 days, or proposals of less than $30,000. 20. Anything (verbal or written) expressed or implied elsewhere, which is contrary to these conditions, clarifications, and exclusions, shall be null and void. Pricing: Scope of work as described above ........................................... %$18,995- All prices are net prices and do not include bonding costs or any State, local or use taxes. Prices are valid for a period of 60 Days, Note that we reserve the right to suspend any further performance in the event payments are not made when due. (425)481-1225 T (425)481-2115 F www.systems�rrcerFace.com Systems Interface Inc. 10802 4T' Ave W. Mukilteo. WA 88275 USA Sales Tax Policy: Any customers reselling our products must supply Systems Interface Inc. (Sit) with a Resellers Certificate for the destination State. Out of State Customers who are the end user of our product must pay SaleslUse tax in their State and supply documentation confirming these taxes have been paid. Washington State customers who are the end -user and having our products shipped to their facility in a different State need to supply documentation to Sit confirming that the SalesJUse taxes have been paid to the destination State. Unless Sig has been provided proper documentation (resellers certificates or documentation confirming these taxes have been paid), SalesfUse Tax will be added to the invoices. Payment Terms: Monthly progress payments upon verifiable work completed. This includes a 10% mobilization payment due upon completion of engineering design and submittals. If equipment is ready for shipment to jobsite and necessary for billing, but the site cannot receive it, additional storage fees may apply. Credit cards can be accepted for payment with an additional handling fee. Addenda Received: None Estimated Delivery: Submittals and Integration Drawings: within 2 to S weeks from Notice to Proceed Delivery of equipment to Jobsite: contingent on vendor deliveries. Startup, Commissioning, Training: coordinated with the City & Contractor. Shipping Terms: Material for this project will be shipped F.O.B. Mukilteo. Washington complete, ready for installation and Feld terminations by others. Warranty: Systems Interface Inc warrants defects in material S workmanship for all systems supplied by SIf for a period of one (1) year beginning on the date of shipment. Materials supplied by Systems Interface are warranted only to the extent that the manufacturer warrants the same. No other warranties are verbally expressed or implied. Thank you for your consideration of this quotation. Sincerely, Systems Interface Inc. Scott Martin, P.E. Project Sales I Manager samesystems RleAace.wm OS21 I W2.1 a.dm EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 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. Client#:1058688 SYSTEINT2ACORD" CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE NUMBER REVISION NUMBER DATE (MM/DD/YYYY) 1to5t202'l THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOR MATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH]S CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG INSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: ll the certiticate holder is an ADDITIONAL INSURED, the must ADDITIONAL INSURED orll SUBROGATION lS WAIVED, subiect to the terms and conditions ot the policy, certain policies may require an endorsement. A statement onthis certilicate does not conler anv riohts to the certificate holder in lieu ol such ^hi^r-^66^./- PRODUCER USI lnsurance Services NW 601 Union Street, Suite 1000 Seattle, WA 98101 Jeanne. 206 441-6300 61 0-362-8530 ust.com INSURER(S) AFFORDING COVERAGE NAIC # tNsuRER a . Philadelphia lndemnity lnsurance Co.1 8058 INSURED Systems Interface, Inc 10802 47th Ave W. Mukilteo, WA 98275 ;NSUBER B . Twin City Fire lnsurance Company 29459 INSURER C INSURER D: INSUREB E : INSURER F: THIS IS TO CERTI FY THAT THE POLICIES OF INSURANCE LISTE D BELOW HAVE BEEN ISSU ED TO THE INSURED NAMED ABOVE FOR THE PO LICY PER IODNDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OB OTHER DOCUMENT WITH RESPECT TO WH tcH THIS CERTI FICATE MAY BE ISSUED OR IVIAY PERTAIN,THE INS U RANCE AFFOBDED BY THE POLICIES DESCRI BED HEREIN IS S UBJECT TO ALL THE TERMS, EXCLUS IONS AND CONDITIONS OF SUCH PO LICIES LIMITS SHOWN IVIAY HAVE BEEN REDUCE D BY PAID CLAIMS NSH LTR TYPE OF INSUBANCE SUBF WVD POLICY NUMBER POLICY EFF(MM/DD/YYYY}POLIGY EXP(MM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS.MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY OTHER PRO-JEcr I I roc X x PHPK2220880 12t31t2020 12t31t2021 EACH OCCURRENCE $1.000.000 DAIVAGE TO RENTED PREI\4lSES (Ea occurrencel $1.000.000 MED EXP (Any one person)$5.000 PERSONAL & ADV INJURY $1.000.000 GENERAL AGGREGATE $2.000.000 PRODUCTS, COMP/OP AGG $ A AUTOMOBILE LIABILITY x ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON.OWNED AUTOS ONLYxX PHPK2220880 12t31t2020 12t31t2021 s1 ,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident)$ $ $ A x UMBRELLA LIAB EXCESS LIAB x OCCUB CLAIIVIS-MADE PHU8751241 12t31t2020 12t31t2021 EACH OCCURRENCE $5.000.000 AGGREGATE DFf)10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ll yes, describe under DESCRIPTION OF OPERATIONS below N N/A 52WECAB6MZ8 Except Washington Stop Gap Only 12t31t2020 12t31t2021 X lEFl,,,.,OTH,tra E-1. EACH ACCIDENT $1,000.000 E,L. DISEASE - EA EMPLOYEE $1,000.000 E.L. DISEASE POLICY LIMIT $1,000.000 A E&O PHPK2220879 42t31t2020 12t31t2021 $2,000,000 Each Claim and Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) City of Kent is additional insured with coverage on primary/non-contributory basis per attached CG201O, CG2037' CG2404 and CG2001and P|CA003. 30 days prior notice of cancellation applies except 10 days due to non payment ol premium. CE ACORD 25 (2016/03) 1 ol 1 #s30877049/M308601 32 @ 1988-2015 ACORD CORPORATION. Ail righrs reserved. The ACORD name and logo are registered marks of ACORD 59KZP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIBATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCOROANCE WITH THE POLICY PROVISIONS. City of Kent Eng Administration ;Public Works Oepartment Attn: Nancy Yoshitake, Contract Specialist 220 Fourth Avenue S Kent, WA 98032 AUTHORIZED REPRESENTATIVE Pat* Pr-cA-003 (04t14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Withrespectto coverage provided by this endorsement,the provisionsofthe Coverage Form apply unless modified by the endorsement. A. SECTION ll- COVERED AUTOS LIABILITY COVERAGE, A. Goverage, 1. Who ls An lnsured is amended by adding the following: The following are also "insureds": Any person or organization for whom you are required by an "insured contract" to procure "bodily injury" or "property damage" liability insurance arising out of the operation of a covered "auto" with your permission. However, this additional insurance does not apply to: 1. The owner or anyone else from whom you hire or borrow a covered "auto." This exception does not apply if the covered "auto" is a "traile/' connected to a covered "auto" you own; 2. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household; 3. Anyone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours; 4. Anyone other than your "employees," partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees," while moving property to or from a covered "auto"; or 5. A partner (if you are a partnership), or a member (if you are a limited liability company) for covered "auto" owned by him or her or a member of his or her household. B. The "insured contract" must be in effect during the policy period shown in the Declarations and must have been executed prior to the'bodily injury" or "property damage". C. This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that "insured", whether the work is performed by you or for you, and only to the extent you are held liable for an "accident" occurring while a covered "auto" is being driven by you or one of your employees. D. There is no coverage provided to this person or organization for "bodily injury'to its employees or for "property damage" to its propefi. E. Coverage for this person or organization shall be limited to the extent of your negligence or fault according to the applicable principles of comparative negligence or fault. F. The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit". G. A person's or organization's status as an "insured" under this endorsement ends when your operations for that "insured" are completed. Page 1 of 2 Pr-cA-003 (04t14) H. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. ln addition, coverage shall not exceed the terms and conditions that are required by the terms of the wriften agreement to add any "insured," or to procure insurance. l. The following additional exclusions apply: The insurance afforded to any person or organization as an "insured" under this endorsement does not apply to "loss": '1. Which occurs prior to the date your contract is effective with such person or organization; 2. Arising out of the sole negligence of any person or organization that would not be an "insured" except for this endorsement; or 3. Which occurs after you returned the leased or rented "auto" to the lessor or the policy period ends, whichever occurs first. Page2of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABI LITY COVERAGE PART SCHEDULE poltcy NUMBER: PHPK2220880 A. Section ll - Who ls An lnsured 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". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. lf coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. COMMERCIAL GENERAL LIABILITY cc 20 37 04 13 B. With respect to the insurance afforded to these additional insureds, the following is added to Section lll - Limits Of lnsurance: lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of lnsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. Name Of Additional lnsured Person(s) Or Organization(s)Location And Description Of Completed Operations As per written contract lnformation required to complete this Schedule , if not shown above, will be shown in the Declarations. cG 20 37 04 13 @ lnsurance Services Office, lnc.,2012 Page 1 of 1 Policy #PHPK2220880 The following is added to the Other lnsurance Condition and supersedes any provision to the contrary: Primary And Noncontributory lnsurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named lnsured under such other insurance; and coMMERCTAL GENERAL b,iii?I (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -OTHER INSURANGE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILIry COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIAB I LITY COVERAG E PART cG 20 01 04 13 @ lnsurance Services Office, lnc.,2012 Page I of I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE POLICY NUMBER: PHPK2220880 A. Section ll - Who ls An lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: L Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations forthe additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. lf coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. COMMERCIAL GENERAL LIABILITY cG 20 10 04 13 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Name Of Additional lnsured Person(s) Or Orqanization(s)Location(s) Of Covered Operations As per wriften contract lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations cG 20 10 04 13 @ lnsurance Services Office, lnc.,2O12 Page I of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section lll - Limits Of lnsurance: lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of lnsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. Page2 ot 2 @ lnsurance Services Office, lnc.,2012 cG 20 10 04 13 PoLlcY NUMBER: PHPK2220880 COMMERCIAL GENERAL LIABILITY cc 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIAB I LITY COVERAG E PART SCHEDULE Name Of Person Or Organization As required by written contract lnformation required to complete this Schedule, if not shown , will be shown in the Declarations The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section lV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. cG 24 04 05 09 @ lnsurance Services Office, lnc., 2008 Pagelofl tr