Loading...
HomeMy WebLinkAboutCAG2024-071 - Original - TMG Services, Inc. - 2024 Annual Chlorine Equipment Maintenance - 02/12/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dlr/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W ASH INGTGN Sheet forms. Originator: Department: Dani H. for Tom Cunningham Public Works Date Sent: Date Required: 0 02/12/2024 2/16/2024 Q Director or Designee to Sign. Date of Council Approval: Q Budget Account Number: Grant?:Yes ZNo 41005550.64110.7431 Budget?W]YesDNo Type: N/A Vendor Name: Category: TMG Services, Inc. Contract Vendor Number: Sub-Category: = Original 0 Project Name: 2024 Annual Chlorine Equipment Maintenance E Project Details:The Vendor will conduct chlorination system maintenance at the City's Water Facilities that utilize gaseous chlorine. Agreement Amount: $19 800 Basis for Selection of Contractor: Other *Memo to Mayor must be attached i� Start Date: 2/12/2024 Termination Date: 8/31/2024 Q Local Business?0YesF--]No* If meets requirements per KCC3.70.100,please complete'Vendor Purchase-Local Exceptions"formonCityspoce. Business License Verification:YesElln-ProcessElExempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: Yes(No Comments: _ 3 GJ y •� i GJ 3 M _ N Date Routed to the City Clerk's Office: Interlocal Agreement has been uploaded to website: ❑ ad«W22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 40*,40� • KENT WASHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and TMG Services, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and TMG Services, Inc. organized under the laws of the State of Washington, located and doing business at 3216 East Portland Avenue, Tacoma, WA 98404, Phone: (253) 779-4160, Contact: Erika Boswell (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 all parts, materials, and labor to perform the annual 2024 chlorination system service maintenance at the following City of Kent well sites: 1. Clark Springs - 24875 Kent Kangley Road 2. Kent Springs - 28600 216th Avenue SE 3. East Hill Well - 24525 104th Avenue SE 4. Seven Oaks - 11834 Kent Kangley Road 5. Armstrong Springs - 17975 SE 275th Place For a Scope of Work and Vendor's quote, 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 August 31, 2024. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Nineteen Thousand, Eight Hundred Dollars ($19,800), 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: Vendor shall be paid after execution of agreement and submittal of invoice. An additional 10% has been added to the total to cover any unforeseen costs. GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, ind. 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 - 2 ($20,000 or Less, 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 giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) 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 should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) 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 Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. 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. 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. GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) 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 Consultant 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. 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. GOODS & SERVICES AGREEMENT - 6 ($20,000 or Less, including WSST) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent 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. VENDOR: CITY OF KENT: Digitally signed by Chad Bieren Chad Bieren Date:zoza.oz.,z By: By: 15:12:45-08'00' Print Name: �SLUet I Print Name: Chad Bieren, P.E. Its: t-X- C 4 Its: Public Works Director DATE: ZI l 6-"1 _ DATE: NOTICES TO BE SENT TO: , NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Erika Boswell Chad Bieren, P.E. TMG Services, Inc. City of Kent 3216 East Portland Avenue 220 Fourth Avenue South Tacoma, WA 98404 Kent, WA 98032 (253) 779-4160 (telephone) (253) 856-5500 (telephone) Erika@TMGServices.net (email) PublicWorks@KentWA.gov (email) ATTEST: 6MA Kent City Clerk P:\Adm1n\Contracts\DaW GOODS &SERVICES AGREEMENT- 7 ($20,000 or Less, including WSST) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 of 5 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 of 5 direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure EEO COMPLIANCE DOCUMENTS - 3 of 5 compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: r 1 t For: Title: �CY'VCCe Ol Y{�11}r1G1, �Y Date: 'Ji� (I � ILA EEO COMPLIANCE DOCUMENTS - 4 of 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting 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. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. 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 coordinate with the City's Title VI coordinator, and perform 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 - 5 of 5 Exhibit A 3216 E.Portland Avenue Quality Products-Excellent Service Tacoma, WA 98404 k M G253-779-4160 SERVICES tmginc@tmgservices.net Kent, City of Tom Cunningham 220 Fourth Avenue South January 29, 2024 Kent, WA 98032 QUOTATION Dear Tom, TMG Services, Inc is please to offer you a QUOTATION for 2024 Annual Preventative Maintenance on your W&T Gas Equipment at the(5) Sites listed below. If you have any questions, please do not hesitate to give us a call. KENT SPRINGS SITE 2-W&T 210S Vacuum Regulators 2-W&T V10K Chlorinators 2-W&T 314" Injectors Scope of Work: To cleanlinspectlregasket the above items, replace tubing and test equipment to ensure proper operation. CLARK SPRINGS SITE 2-W&T 210S Vacuum Regulators 1-W&T V1 OK Chlorinator 1-W&T 314"Injector 1-W&T 5"Rate Control Unit Scope of Work: To cleanlinspectlregasket the above items, replace tubing and test equipment to ensure proper operation. EAST HILL SITE 2-W&T 210S Vacuum Regulators 1-W&T V1OK Chlorinator 1-W&T 3/4"Injector 1-W&T 5"Rate Control Unit Scope of Work: To cleanlinspectlregasket the above items, replace tubing and test equipment to ensure proper operation. ARMSTRONG 2-W&T El OK Vacuum Regulators 1-W&T 5"Automatic Mate Control Unit 1-W&T 3/4"Injector Scope of Work: To cleanlinspectlregasket the above items, replace tubing and test equipment to ensure proper operation. SEVEN OAKS SITE 2-210S Vacuum Regulators 1-W&T 2" Rate Control Unit 1-W&T 3/4"Injector Scope of Work: To cleanlinspectlregasket the above items, replace tubing and test equipment to ensure proper operation. TOTAL PRICE: $18,000(Including Prevailing Wages,Travel, Estimated Parts, & Estimated Taxes) Terms&Conditions of Sale: -This is an estimate only far the recommended annual preventative maintenance and does not include any major components which may be damaged and/or broken. -The above service is routine preventative maintenance and is not a guarantee against equipment failure or breakdown. -Payment Terms:Net 30 Days -Please note that any invoice$3000 or more paid with a credit card will have a 3%credit card fee added to invoice -This price is in effect for 30 days -This quotation is limited to the products and/or services as listed and excludes any item or service not specifically listed. Thank you, Erika Boswell TMG Services, Inc. erika@tmgservices.net QUOTE Quote Number:0036998 3216 E Portland Avenue Quote Date: 1/29/2024 T M G Tacoma, 98404 253-779-9.4160 Customer Number: 1105141 SERVICES Sold To: Ship To: KENT,CITY OF/WATER DEPARTMENT MULTIPLE SITES FOR SERVICE 220 FOURTH AVENUE SOUTH KENT,WA 98032 Confirm To: TOM CUNNINGHAM Customer PO Ship VIA F.O.B. Terms 2024 SERVICE QUOTE TMG DELIVERED NET 30 DAYS Site Service Description Approx Site Quote KENT SPRINGS: Approximate labor,travel,miles and parts needed to service this location. $ 3,570.00 CLARK SPRINGS: Approximate labor,travel,miles and parts needed to service this location. $ 3,700.00 EAST HILL: Approximate labor,travel,miles and parts needed to service this location. $ 3,430.00 ARMSTRONG SPRINGS: Approximate labor,travel,miles and parts needed to service this location. $ 2,720.00 SEVEN OAKS: Approximate labor,travel,miles and parts needed to service this location. $ 2,390.00 Item Code Description Unit Quoted Unit Cast Amount SERVICE LABOR FIELD SERVICE LABOR-PREVAILING WAGE HOUR 31.5 $ 220-00 $ 6,930.00 FILING FEE PREVAILING WAGE FILING FEE EACH 1 $ 100.00 $ 100.00 SERVICE TRAVEL FIELD SERVICE TRAVEL TIME-PREVAILING WAGE HOUR 6 $ 220.00 $ 1,320.00 SERVICE MILES FIELD SERVICE MILEAGE MILES 230 $ 2.00 $ 460.00 SERVICE PARTS APPROX PARTS NEEDED FOR SERVICE LOT 1 $ 7,100.00 $ 7,100.00 Net Order:S 15910,00 Sales Tax:$ 1506.91 Order Total:$ 17516.91 Please note that any invoice$3000 or more paid with a credit card will have a 3%credit card fee added to invoice. RE: Ct#36998 for 2024 Annual Preventative Maintenance for City of Kent 1/29/2024 FLABORTRAVEL MILES PARTS TOTAL Rate: 220.00 Rate: 220.00 Rate: 2.00 KENT SPRINGS SITE 7 1540.00 1.5 330.00 50 100.00 1600.00 3570.00 CLARK SPRINGS SITE 7.5 1650.00 1.5 330.00 60 120.00 1600.00 3700.00 EAST HILL SITE 6.5 1430.00 1 220.00 40 80.00 1700.00 3430,00 ARMSTRONG SPRINGS SITE 6 1320.00 1 220.00 40 80.00 1100.00 2720.00 SEVEN OAKS SITE 4.5 990.00 1 220.00 40 80.00 1100.00 2390.00 31.5 $ 6,930.00 6 $ 1,320.00 230 $ 460.00 $ 7,100.00 15810.00 Estimated Totals: Service Labor for 5 locations(31.5 Hours) $ 6,930.00 Service Travel for 5 locations(6 Hours) $ 1,320.00 Service Miles for 5 locations(230 Miles) $ 460.00 Approx Parts needed for 5 locations $ 7,100.00 Prevailing Wage Filing Fee $ 100.00 Taxes $ 1,606.91 $ 17,516.91 Please note that any invoice$3000 or more paid with a credit card will have a 3%credit card fee added to invoice. Exhibit B Insurance Requirements 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: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on 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. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $2,000,000 per occurrence, and $2,000,000 products- completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per occurrence. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 2. Contractor's insurer must deliver, or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Contractor's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Contractor must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an 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 claims are made or suit is brought, except with respect 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. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. TMGSERV-01 SERF01 ACQ�IJ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/6/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tina Coburn NAME: Fournier PHONE FAX 5712 Orchard St.W. (A/C,No,EXt): (A/C,No): University Place,WA 98467 aoRIE :tinac@fournierinsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Western National Assurance CornpanV 24465 INSURED INSURER B:Western National Mutual Insurance Company 15377 T M G Services,Inc. INSURER C: 3216 E.Portland Ave. INSURER D: Tacoma,WA 98404-4929 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR IN SD WVD MM/DD/YYYY MM/DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE a OCCUR X CPP1124634 12/2/2023 12/2/2024 DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY�X JERK �X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X CPP1122117 12/2/2023 12/2/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 EXCESS LIAB CLAIMS-MADE UMB1020420 12/2/2023 12/2/2024 AGGREGATE $ 3,000,000 DED I X I RETENTION$ 10,000 $ A WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY TAT TE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y CPP1124634 12/2/2023 12/2/2024 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Equipment Floater CPP1124648 12/2/2023 12/2/2024 Limit 50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent:See attached Ongoing and Completed Operations forms WNGL49&WNGL139 for Additional Insured wording.Auto additional insured per form WNCA80 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY WN GL 49 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional insureds, the following additional exclu- ganization for whom you are performing opera- sion applies: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement 1. "Bodily injury", "property damage" or"personal that such person or organization be added as an and advertising injury" arising out of the ren- additional insured on your policy. Such person or dering of, or the failure to render, any profes- organization is an additional insured only with re- sional architectural, engineering or surveying spect to liability for "bodily injury", "property dam- services, including: age" or "personal and advertising injury" caused, a. The preparing, approving, or failing to pre- in whole or in part, by: pare or approve, maps, shop drawings, 1. Your acts or omissions; or opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and specifica- behalf; tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. A person's or organization's status as an additional This exclusion applies even if the claims insured under this endorsement ends when your against an additional insured allege negli- operations for that additional insured are complet- gence or other wrongdoing in the supervision, ed. hiring, employment, training or monitoring of However: others by that insured, if the "occurrence" 1. The insurance afforded to such additional in- which caused the "bodily injury" or "property sured only applies to the extent permitted by damage", or the offense which caused the law; and "personal and advertising injury", involved the rendering of or failure to render any profes- 2. If coverage provided to the additional insured sional services by you with respect to your is required by a contract or agreement, the in- providing engineering, architectural or survey- surance afforded to such additional insured ing services in your capacity as an engineer, will not be broader than that which you are re- architect or surveyor. quired by the contract or agreement to provide for such additional insured. WN GL 49 07 15 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 2. "Bodily injury" or "property damage" occurring D. The following is added to the Other Insurance after: Condition and supersedes any provision to the a. All work, including materials, parts or contrary: equipment furnished in connection with Primary And Noncontributory Insurance such work, on the project (other than ser- This insurance is primary to and will not seek vice, maintenance or repairs) to be per- any contribution from any other insurance formed by or on behalf of the additional in- available to an additional insured under your sured(s) at the location of the covered operations has been completed; or policy provided that: (1) The additional insured is a Named Insured b. That portion of "your work" out of which the injury or damage arises has been put under such other insurance; and to its intended use by any person or or- (2) You have agreed in writing in a contract or ganization other than another contractor or agreement that this insurance would be subcontractor engaged in performing op- primary and would not seek contribution erations for a principal as a part of the from any other insurance available to the same project. additional insured. C. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion III— Limits Of Insurance: If 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: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 49 07 15 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERCIAL GENERAL LIABILITY WN GL 139 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTORS - OPERATIONS AND COMPLETED OPERATIONS - WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Additional Insured —Operations (2) That portion of "your work" out of which A. Section II—Who Is An Insured is amended the injury or damage arises has been put to include as an additional insured: to its intended use by any person or or- ganization other than another contractor (1) Any person or organization for whom you or subcontractor engaged in performing are performing operations when you and operations for a principal as a part of the such person or organization have agreed same project. in writing in a contract or agreement that such person or organization be added as 2. Additional Insured —Completed Operations an additional insured on your policy; and A. Section II —Who Is An Insured is amended (2) Any other person or organization you are to include as an additional insured: required to add as an additional insured (1) Any person or organization for whom you under the contract or agreement de- are performing operations when you and scribed in Paragraph 1. above. such person or organization have agreed Such person(s) or organization(s) is an add- in writing in a contract or agreement that tional insured only with respect to liability for such person or organization be added as "bodily injury", "property damage" or "per- an additional insured on your policy; and sonal and advertising injury" caused, in (2) Any other person or organization you are whole or in part, by: required to add as an additional insured a. Your acts or omissions; or under the contract or agreement de- b. The acts or omissions of those acting on scribed in Paragraph 1. above. your behalf; Such person(s) or organization(s) is an addi- tional insured only with respect to liability for in the performance of your ongoing opera- "bodily injury", "property damage" or "per- sonal and advertising injury"caused, in whole B. With respect to Additional Insured - Opera- or in part, by: tions, coverage is limited as follows: a. Your acts or omissions; or This insurance does not apply to "bodily in- b. The acts or omissions of those acting on jury" or"property damage"occurring after: your behalf; (1) All work, including materials, parts or and included in the "products-completed op- equipment furnished in connection with erations hazard". such work, on the project(other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or WN GL 139 06 18 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. B. With respect to Additional Insured — Com- D. With respect to the insurance afforded to pleted Operations, coverage is limited as fol- these additional insureds, the following is lows: added to Section III—Limits Of Insurance: (1) A person or organization's status as an in- If coverage provided to the additional insured sured under Additional Insured — Com- is required by a contract or agreement, the pleted Operations continues only for the most we will pay on behalf of the additional period of time required by any written con- insured is: tract or agreement. (1) The minimum amount required by the (2) The insurance provided to the additional contract or agreement; or insured does not apply to "bodily injury", (2) The Limits of Insurance shown in the Dec- "property damage" or "personal and ad- larations; vertising injury" arising out of"your work" for which a consolidated (wrap-up) insur- ance program has been provided by the This endorsement shall not increase the ap- prime contractor-project manager or plicable Limits of Insurance shown in the Dec- owner of the construction project in which larations. you are involved. E. With respect to the insurance afforded to 3. Primary and Noncontributory these additional insureds, the following addi- The following is added to the Other Insurance tional exclusion applies: Condition and supersedes any provision to the This insurance does not apply to: contrary: "Bodily injury", "property damage" or "per- Primary And Noncontributory Insurance sonal and advertising injury" arising out of the This insurance is primary to and will not seek con- rendering of, or the failure to render, any pro- tribution from any other insurance available to an fessional architectural, engineering or survey- additional insured under your policy provided that: ing services, including: (1) The additional insured is a Named Insured un- (1) The preparing, approving, or failing to der such other insurance; and prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- (2) You have agreed in writing in a contract or ders, change orders or drawings and agreement that this insurance would be pri- specifications; or mary and would not seek contribution from (2) Supervisory, inspection, architectural or any other insurance available to the additional engineering activities. insured. 4. Other Provisions Applicable to Additional In- This exclusion applies even if the claims sured — Operations and Additional Insured — against an additional insured allege negli- Completed Operations gence or other wrongdoing in the supervision, hiring, employment, training or monitoring of A. The Amendment of Insured Contract Defini- others by that insured, if the "occurrence" tion (Endorsement CG 24 26) does not apply which caused the "bodily injury" or "property to an additional insured. damage", or the offense which caused the B. The coverage provided under Paragraph f. of "personal and advertising injury", involved the the definition of"insured contract" under Sec- rendering of or failure to render any profes- tion V—Definitions does not apply to an ad- sional services by you with respect to your ditional insured under this endorsement un- providing engineering, architectural or survey- less required by a written contract or ing services in your capacity as an engineer, agreement. architect or surveyor. C. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. WN GL 139 06 18 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. WN CA 80 06 19 BUSINESS AUTO ENHANCEMENT EDGE ENDORSEMENT The Business Auto Enhancement Edge Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to the following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 5 Audio, Visual and Data Electronic Equipment—Limit Amended 5 Auto Loan/Lease Gap Coverage 5 Blanket Additional Insured 3 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: • Newly Acquired Organizations for up to 180 Days 2 • Employees as Insureds 2 • Subsidiaries in Which You Own 50% or More 2 Deductible Waiver for Glass Repair 4 Employee Hired Auto 6 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 3, 6 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses-Amended 3 Personal Effects 3 Primary and Noncontributory If Required by a Written Contract or Written Agreement 6 Rental Reimbursement Coverage 4 Supplementary Payments-Amended: • Bail Bonds up to $5,000 3 • Loss of Earnings up to $500/Day 3 Temporary Substitute Vehicle Physical Damage 2 Towing 3 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 6 WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 Of 6 WN CA 80 06 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT EDGE ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION I — COVERED AUTOS COVERAGE e. Any organization which is newly acquired or AMENDMENTS formed by you and over which you maintain A. Temporary Substitute Vehicle Physical Damage majority ownership. However, coverage under this provision: SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary (1) is afforded only for the first 180 days after Substitute Autos is amended by adding the you acquire or form the organization or until following: the end of the policy period, whichever comes first; If a covered "auto" you own is out of service because of its: (2) does not apply to "bodily injury' or"property damage" that results from an "accident" a. Breakdown; that occurred before you formed or b. Repair; acquired the organization; c. Servicing; (3) does not apply to any newly acquired or d. "Loss", or formed organization that is a joint venture e. Destruction; or partnership; and the Physical Damage Coverages provided by the (4) does not apply to an "insured" under any Business Auto Coverage Form for that disabled other automobile liability policy or would be covered "auto" are extended to any "auto" you do an "insured" under such a policy but for not own while used with the permission of its owner termination of such policy or the exhaustion as a temporary substitute for the covered "auto" of such policy's limits of insurance. that is out of service. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or SECTION II — COVERED AUTOS LIABILITY borrow in your business or your personal COVERAGE AMENDMENTS affairs. A. Who Is An Insured g. Any "employee" of yours is an "insured" while SECTION II — COVERED AUTOS LIABILITY operating a covered "auto" hired or rented COVERAGE, A. Coverage, 1. Who Is An Insured under a contract or agreement in the "employee's" name, with your permission, while is amended to add: performing duties related to the conduct of your d. Any legally incorporated subsidiary of yours in business. which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary of yours that is an "insured" under any other automobile liability policy or would be an "insured" under such policy but for termination of such policy or the exhaustion on such policy's limits of insurance. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 B. Blanket Additional Insured SECTION III — PHYSICAL DAMAGE COVERAGE SECTION II — COVERED AUTOS LIABILITY AMENDMENTS COVERAGE, A. Coverage, 1. Who Is An Insured, A. Towing paragraph c.is amended to add the following: SECTION III — PHYSICAL DAMAGE COVERAGE, Any person or organization who is required under a A. Coverage,2. Towing, is amended by adding the written contract or agreement between you and that following: person or organization, that is signed and executed 2. Towing by you before the "bodily injury' or "property damage" occurs and that is in effect during the We will pay up to $250 for towing and labor policy period, to be named as an additional insured costs incurred each time a covered "auto" is is an "insured" for Liability Coverage, but only for disabled. However, the labor must be damages to which this insurance applies and only performed at the place of disablement. This to the extent that persons or organization qualifies $250 limit is reduced by any applicable towing as an "insured" under the Who Is An Insured limit shown in the declarations. provision contained in Section II. Regardless of the number of disablements, the C. Liability Coverage Extensions — Supplementary maximum amount we will pay under this Payments endorsement for all towing and labor costs combined during any one year is $2,500. SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage B. Transportation Expense—Limits Amended Extensions, a. Supplementary Payments is SECTION III — PHYSICAL DAMAGE COVERAGE, amended by replacing subparagraphs (2) and (4) A. Coverage, 4. Coverage Extensions, a. with the following: Transportation Expenses is amended by replacing (2) Up to $5,000 for cost of bail bonds (including $20 per day/$600 maximum limit with $50 per bonds for related traffic law violations) required day/$1000 maximum. because of an "accident" we cover. We do not have to furnish these bonds. C. Hired Auto Physical Damage — Loss Of Use Expenses—Limits Amended (4) All reasonable expenses incurred by the SECTION III — PHYSICAL DAMAGE COVERAGE, "insured" at our request, including actual loss of earnings up to $500 a day because of time off A. Coverage, 4. Coverage Extensions, b. Loss of from work. Use Expenses is amended by replacing the $20 per day/$600 maximum limit with $50 per day/$750 D. Fellow Employee Coverage maximum limit. SECTION II — COVERED AUTOS LIABILITY D. Personal Effects Coverage COVERAGE, B. Exclusions, 5. Fellow Employee, the following is added: SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is Co-Employee Lawsuit Defense Cost amended by adding the following: Reimbursement c. Personal Effects If a suit seeking damages for "bodily injury" to any We will pay up to $500 for "loss" to personal fellow "employee" of the "insured" arising out of and effects, which are: in the course of the fellow "employee's" employment or while performing duties related to (1) Owned by an "insured"; and the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, (2) In or on your covered "auto." brother or sister of that fellow "employee", is This coverage applies only in the event of the total brought against you, we will reimburse reasonable theft of your covered "auto." No deductible applies costs that you incur in the defense of such matters. to this coverage. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6 E. Glass Repair— Deductible Waiver G. Rental Reimbursement SECTION III — PHYSICAL DAMAGE COVERAGE, SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage, 3. Glass Breakage— Hitting A Bird A. Coverage, is amended by adding the following: Or Animal — Falling Objects Or Missiles, is 6. Rental Reimbursement amended by adding the following: No deductible will apply to glass breakage if such This coverage applies only to a covered "auto" glass is repaired, in a manner acceptable to us, of the private passenger or light truck type as rather than replaced. follows: a. We will pay for rental reimbursement F. Hired Auto Physical Damage expenses incurred by you for the rental of a SECTION III — PHYSICAL DAMAGE COVERAGE, private passenger or light truck type "auto" A. Coverage is amended by adding the following: because of "loss" to a covered private passenger or light truck type "auto". S. Hired Auto Physical Damage Payment applies in addition to the If hired "autos" are covered "autos" for Liability otherwise applicable amount of each Coverage and if Comprehensive, Specified coverage you have on a covered private Causes of Loss, or Collision coverages are passenger or light truck type "auto." No provided under this coverage form for any deductibles apply to this coverage. "auto" you own, then the Physical Damage b. We will pay only for those expenses Coverages provided are extended to "autos" incurred during the policy period beginning you hire of like kind and use, subject to the 24 hours after the "loss" and ending, following: regardless of the policy's expiration, with a. The most we will pay for any one "loss" is the lesser of the following number of days: $50,000 or the actual cash value or cost to (1) The number of days reasonably repair or replace, whichever is less, minus required to repair or replace the a deductible; covered private passenger or light truck b. The deductible will be equal to the largest type "auto". If"loss" is caused by theft, deductible applicable to any owned "auto" this number of days is added to the for that coverage. Any Comprehensive number of days it takes to locate the deductible does not apply to "loss" caused covered private passenger or light truck by fire or lightening; type"auto"and return it to you; or c. Hired Auto Physical Damage coverage is (2) 30 days. excess over any other collectible insurance; c. Our payment is limited to the lesser of the and following amounts: d. Subject to the above limit, deductible and (1) Necessary and actual expenses excess provisions we will provide coverage incurred, or equal to the broadest coverage applicable to any covered "auto"you own. (2) $50 per day, up to a maximum of $1,000. If a limit for Hired Auto Physical Damage is indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit indicated above. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 d. This coverage does not apply while there (2) Financial penalties imposed under a are spare or reserve private passenger or lease for excessive use, abnormal wear light truck type "autos" available to you for and tear or high mileage; your operations. (3) Security deposits not returned by the e. If "loss" results from the total theft of a lessor; covered "auto" of the private passenger or light truck type, we will pay under this (4) Costs for extended warranties, Credit coverage only that amount of your rental Life Insurance, Health, Accident or reimbursement expenses which is not Disability Insurance purchased with the already provided for under SECTION III — loan or lease; and PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions. (5) Carry-over balances from previous loans or leases. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a J. Audio, Visual and Data Electronic Equipment — gross vehicle weight of 10,000 lbs. or less as Limit Amended defined by the manufacturer as the maximum SECTION III - PHYSICAL DAMAGE COVERAGE, loaded weight the auto is designed to carry. C. Limits of Insurance, 1.b. is amended by H. Accidental Airbag Deployment Coverage replacing the $1000 limit with a $2,500 limit. SECTION III — PHYSICAL DAMAGE COVERAGE, SECTION IV — BUSINESS AUTO CONDITIONS A. Coverage is amended by adding the following: AMENDMENTS 7. Accidental Airbag Deployment Coverage A. Duties In The Event Of Accident, Claim, Suit Or We will pay to reset or replace factory installed Loss Amended airbag(s) in any covered "auto" for accidental SECTION IV — BUSINESS AUTO CONDITIONS, discharge, other than discharge due to a A. Loss Conditions, 2. Duties In The Event Of collision loss. Accident, Claim, Suit Or Loss, a. is amended by This coverage is applicable only if adding the following: comprehensive coverage applies to the covered This condition applies only when the "accident" or "auto". "loss"is known to: This coverage is excess over any other collectible insurance or reimbursement by (1) You, if you are an individual; manufacturer's warranty. (2) A partner, if you are a partnership; I. Auto Loan/Lease Gap Coverage (3) An executive officer or insurance manager, if SECTION III PHYSICAL DAMAGE COVERAGE, you are a corporation; or Item A., Coverage, is amended by adding the (4) A member or manager, if you are a limited following: liability company. 8. Auto Loan/Lease Gap Coverage But, this section does not amend the provisions relating to notification of police, protection or This coverage applies only to a covered "auto"described or designated in the Schedule or in i examinaton of the property which was subject to the Declarations as including physical damage the "loss". coverage. B. Blanket Waiver of Subrogation In the event of a covered total "loss" to a Section IV — BUSINESS AUTO CONDITIONS, A. covered "auto" described or designated in the Loss Conditions, 5. Transfer of Rights of Schedule or in the Declarations, we will pay any Recovery Against Others to Us, is amended by unpaid amount due on the lease or loan for a adding the following exception: covered "auto" less: However, we waive any right of recovery we may a. The amount paid under the Physical have against any person or organization to the Damage Coverage Section on the policy; extent required of you by a written contract signed and and executed prior to any "accident" or "loss", b. Any: provided that the "accident" or "loss" arises out of operations contemplated by such contract. The (1) Overdue lease/loan payments at the waiver applies only to the person or organization time of the "loss"; designated in such contract. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 C. Unintentional Failure to Disclose Hazards E. Primary and Noncontributory If Required By SECTION IV — BUSINESS AUTO CONDITIONS, Written Contract or Written Agreement B. General Conditions, 2. Concealment, SECTION IV — BUSINESS AUTO CONDITIONS, Misrepresentation Or Fraud, is amended by B. General Conditions, 5. Other Insurance c., the adding the following paragraph: following is added and supersedes any provision to If you unintentionally fail to disclose any hazards the contrary: existing at the inception date of the policy, or during This Coverage Form's Covered Autos Liability the policy period in connection with any additional Coverage is primary to and will not seek hazards, we will not deny coverage under this contribution from any other insurance available to Coverage Part because of such failure. an "insured"under your policy provided that: D. Employee Hired Auto (1) Such "insured" is a Named Insured under such SECTION IV — BUSINESS AUTO CONDITIONS, other insurance; and B. General Conditions, S. Other Insurance, (2) You have agreed in writing in a contract or paragraph b. is deleted and replace by the agreement that this insurance would be primary following: and would not seek contribution from any other b. For Hired Auto Physical Damage Coverage, the insurance available to such "insured". following are deemed to be a covered "auto" you own: (1) Any covered "auto" you lease, hire, rent or borrow. (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6