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Home My WebLink AboutCP2024 #20-21 Howard Road VFD Replacement klA CITY OF r Nancy Backus,Mayor 7WASH!NGTON 25 West Main Street*Auburn WA 98001-1998*www.auburnwa.gov*253-931-3000 September 21, 2020 Tom Gibelyou Custom Electric& Controls 4630 16th Street E Suite B-24 Fife, WA 98424 RE: Award of Contract- Contract No. 20-21 Project No. CP2024, Howard Road VFD Replacement Letter of Award Dear Tom Gibelyou: Quotes for construction of the above-referenced Non-Formally Bid Public Works project were solicited by the City of Auburn. Three (3) responsive quotes were received and have been tabulated. Your firm submitted the lowest responsible quote. On September 15, 2020 the Public Works Director approved award of the project to your firm. This letter serves as your notification of award for the subject project and is a contract specification. Please execute and return the following documents to the attention of Jenny Sebero Contract Administration Specialist, within seven (7) calendar days after receipt of this letter. a) Non-Formally Bid Public Work Contract, in duplicate. b) Declaration of Option for Performance Bond or Additional Retainage, in duplicate. c) Certificate(s) of insurance naming the City as additional insured, in duplicate, for all required insurance coverages as set forth in the Small Public Work Contract. A pre-construction meeting has not been scheduled at this time. One will be scheduled prior to work commencing. The City requires that the Contractor have the appropriate personnel at the pre-construction meeting. This would include, at a minimum, the project manager and the on-site superintendent.The Contractor is encouraged to include any of their staff or sub- contractor staff they feel are critical to the project. the Contractor shall prepare and submit electronically 1 working day prior to the preconstruction conference: a) Requests to Sublet for all subcontractors which must be approved prior to payment. b) Emergency call list. c) A schedule of equipment and labor rates, as outlined in Section 1-09.6 (Force Account) to be utilized in the event of any Force Account activities. d) Preliminary Schedule. ENG-008-ELH,Revised 8/18 Au BURN * MORE THAN YOU 1M..AGI NED Custom Electric&Controls September 21, 2020 Page 2 of 2 Once the documents listed above have been received, and the Contract has been executed by the City, a Notice to Proceed will be issued. If you do not have a current Business License to work in the City of Auburn, you can submit your application electronically via email. Business License applications can be found on the City's website by hovering over the 'Businesses' tab on the homepage and selecting 'Permits and Licenses'. All subcontractors and lower tier subcontractors working on the project must also have a City of Auburn Business License. Please contact me at 253-804-5063, or the Contracts Administration Specialist, Jenny Sebero at 253-932-3012 with any contract administration related questions. Sincerely, Jeff Bender, P.E. Project Engineer Public Works Department JB/js/as Enclosures cc: Shawn Campbell, City Clerk Clint Willis, Project Inspector File 13.11 (CP2024) Electronic Distribution Only ENG-008-ELH, Revised 8/18 AUBURN * MORE THAN YOU IMAGINED CITY OF -0- --.-,„ _ .__ - * Declaration of Option For Performance Bond or r Retainage ~ Additional ----- WASHINGTON (Contracts Under$150,000 only) Project No. CP2024, Howard Road VFD Replacement Contract No. 20-21 Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space. Custom Electric & Controls 4630 16th St. E Suite B-24 Fife, WA 98424 The Contractor elects to: 0 1. Furnish a performance bond in the amount of the total contract sum, in which case the City shall hold back retainage in the amount of five percent(5%.) An executed performance bond on the required sum is included with the executed contract documents. DU 2. Have the City retain, in lieu of performance bond, ten percent (10%) of the total contract amount for a period of thirty (30) days after final acceptance or until receipt of all necessary releases from the State Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. In choosing Option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall indemnify, defend and hold harmless the City of Auburn and its officials, agents, and employees from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said Option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. Contractor Signature _ ,,;,,, Tom Gibelyo Printed Name y Title President Date 09/28/2020 ENG-114,Revised 11/18 NON-FORMALLY BID PUBLIC WORKS CONTRACT NO.20-21 Project No. CP2024,Howard Road VFD Replacement THIS CONTRACT is entered into between the City of Auburn,a Washington Municipal Corporation("City"),and Custom Electric&Controls("Contractor"),whose mailing address is 4630 166' Street E.,Suite B-24,Fife,WA 98424. RECITALS: 1. The City is in need of construction contracting services to complete the public work as described in this Contract. 2. Contractor is qualified to perform the construction contracting services described in the Scope of Work. 3. The City wishes to engage Contractor for the performances of these construction contracting services. 4. This contract was not formally bid because(check one) ❑LIMITED PUBLIC WORKS CONTRACT:Engineer's Estimate<$50,000.00 and this contract was awarded using the Limited Public Works process as described in RCW 39.04.155. ❑ SMALL PUBLIC WORKS CONTRACT(SINGLE TRADE WORK): Engineer's Estimate<$75,500.00 El SMALL PUBLIC WORKS CONTRACT(MULTIPLE TRADE WORK): Engineer's Estimate<$116,155.00 ❑ EMERGENCY PUBLIC WORKS CONTRACT:Per RCW 39.04.280,this work is exempt from competitive bidding requirements because the work is considered an emergency, meaning unforeseen circumstances beyond the control of the City either:(a)Present a real,immediate threat to the proper performance of essential functions; or(b)will likely result in material loss or damage to property, bodily injury,or loss of life if immediate action is not taken. ❑ COOPERATIVE PURCHASING AGREEMENT:This contract is being let under(cooperative contract No.X)between(agency)and(contractor) in accordance with RCW 39.34(Interlocal Cooperation Act). O Other ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 1 of 15 AGREEMENT 1) CONTRACTOR SERVICES The Contractor shall do all work and furnish all tools,materials and equipment for the construction of Project No. CP2024 in accordance with this Contract form. Scope of work is as follows: This project will remove and replace the existing 480V, 200HP variable frequency drives (VFDs)for Pumps 1 and 2 at the Howard Road Corrosion Control Facility. The work also will include a new VFD enclosure and VFD programming for each pump (2 total). The VFD enclosure will house the new VFD, 5% line and load reactors, disconnect switch, cooling fan, and door mounted keypad (One control panel for each drive, 2 total). Additionally the contractor will provide factory certified startup with an extended two year warranty. Disposal of the existing equipment will be the contractor's responsibility. Contractor will be responsible for obtaining an electrical permit. The complete Contract includes the following parts,which are by this reference incorporated herein and made a part hereof. Any inconsistency in the parts of the Contract shall be resolved by the order in which they are listed: A. Non-Formally Bid Public Works Contract(this form) B. Construction Work Quote Form C. City of Auburn Construction Standards D. City of Auburn Design Standards E. Divisions 2—9 of WSDOT/APWA Standard Specifications for Road,Bridge and Municipal Construction as modified by the City of Auburn Construction Standards and any special provisions included in the Contract F. Portions of Division I of WSDOT/APWA Standard Specifications for Road,Bridge and Municipal Construction as specifically referenced by the City of Auburn Construction Standards and the Contract. G. Washington State Department of Labor&Industries Prevailing Wage Rates and Benefit Key Code effective the date the Contractor submitted the Construction Work Quote Form 14. On the Contract plans,working drawings,and standard plans,figured dimensions shall take precedence over scaled dimensions. I. In case of any ambiguity or dispute over interpreting the Contract,the City Engineer's decision will be final. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 2 of 15 2) CITY OF AUBURN BUSINESS LICENSE The Contractor,subcontractors,and lower tier subcontractors,shall have an active City of Auburn business license. 3) NOTICE TO PROCEED A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and City,and all insurance and licensing requirements as set forth in the contract have been met.The Notice to Proceed Date shall be either the date the Contractor commenced contract work or the date the contract has been fully executed by the Contractor and City and all insurance and licensing requirements as set forth in the contract have been met,whichever occurs first. 4) TIME OF COMPLETION The Contractor shall complete the work within 30 working days from the Notice to Proceed Date. 5) LIQUIDATED DAMAGES (CHECK ONE) 0 Liquidated damages shall not apply to this contract. ® Liquidated damages shall apply to this contract as follows: If said work is not completed within the time specified,the Contractor agrees to pay liquidated damages to the City as follows: A. To pay(according to the following formula)liquidated damages for each working day beyond the number of working days established for physical completion,and B. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. C. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. Formula: Contract Price(without tax)x 0.15,divided by the original number of working days for completion. 6) HOURS OF WORK Allowed hours of work are as a specified in the City of Auburn Construction Standards,Part 1, Section 1-08.0(2)(Hours of Work),which by reference is incorporated is a part of this contract. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 3 of 15 7) COMMPENSATION The Contractor shall do all work and furnish all tools,materials,and equipment for the work and services contemplated in this Contract for compensation as follows: (Check One) ® Lump Sum Amount O Unit Bid Prices as listed in the Construction Work Quote Form O Not to Exceed Amount,paid per the Force Account method as described in Section 1- 09.6 of the current WSDOT Standard Specifications for Road,Bridge and Municipal Construction The Lump Sum Amount,as specified above is$83,160.00,and Washington State Sales Tax of $8,316.00 for a total contract price of$91,476.00. This project is subject to use tax,which shall be included in the lump sum,unit bid, or time and material compensation amount listed herein. The City's sales tax area is 1702 for work within King County and 2724 for work within Pierce County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor and each and every Subcontractor, has been approved by the State Department of Labor&Industries,and is received by the City. A. Performance Bond O This is a Limited Public Works Contract AND the City has waived Performance Bond requirements. • The Contractor shall furnish the City with an executed performance bond for the full Contract amount,unless the contact amount is$150,000.00 or less and the Contractor has elected to have 10%retainage held by the City, in which case a performance bond is not required for this project. B. Retainage(check one) ❑ This is a Limited Public Works Contract AND the City has waived retainage requirements. ® This contract is$150,000.00 or less,therefore,the following applies: The Contractor may elect to furnish a performance bond, in which case the City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor,OR have the City retain, in lieu of the performance bond, 10%of the total Contract amount,pursuant to RCW 39.08.010. The Contractor shall execute a "Declaration of Option for Performance Bond or Additional Retainage"to indicate his/her option. If furnishing a performance bond,the Contractor can choose to have ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 4 of 15 the retainage held by the City in a non-interest bearing account,have it placed in an Escrow(interest bearing)Account, or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department, including Affidavits of Wages paid for the Contractor and each and every subcontractor,and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. El This contract is over,$150,000.00,therefore,the following applies: The City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to have the retainage held by the City in a non-interest bearing account, have it placed in an Escrow(interest bearing)Account,or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department, including Affidavits of Wages paid for the Contractor and each and every subcontractor,and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. C. Defective or Unauthorized Work The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes,without limitation: work and materials that do not conform to the requirements of this Contract;and extra work and materials furnished without the City's written approval. If the Contractor is unable,for any reason,to satisfactorily complete any portion of the work,the City may complete the work by contract or otherwise,and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any additional costs,from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims The submittal of the Final Invoice by the Contractor shall constitute a waiver of claims, except those previously and properly made and identified by the Contractor as unsettled at the time Final Invoice is submitted by the Contractor. 8) INDEPENDENT CONTRACTOR ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 5 of 15 The parties intend that an Independent Contractor-Employer Relationship will be created by this Contract,the City being interested only in the results obtained under this Contract. 9) SUBCONTRACTING Work done by the Contractor's own organization shall account for at least 30 percent of the awarded Contract price. Before computing this percentage however,the Contractor may subtract (from the awarded Contract price)the costs of any subcontracted work on items the Contract designates as specialty items. The Contractor shall not subcontract work unless the City approves in writing. Each request to subcontract shall be on the form the City provides. If the City requests,the Contractor shall provide proof that the subcontractor has the experience,ability,and equipment the work requires. The Contractor shall require each subcontractor to comply with RCW 39.12(Prevailing Wages on Public Works)and to furnish all certificates and statements required by the Contract. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor and each and every subcontractor,has been approved by the State Department of Labor&Industries, and is received by the City. Along with the request to sublet,the Contractor shall submit the names of any contracting firms the subcontractor proposes to use as lower tier subcontractors. Collectively,these lower tier subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a subcontractor. When a subcontractor is responsible for construction of a specific structure or structures,the following work may be performed by lower tier subcontractors without being subject to the 25 percent limitation: A. Furnishing and driving of piling,or B. Furnishing and installing concrete reinforcing and post-tensioning steel. Except for the 25 percent limit, lower tier subcontractors shall meet the same requirements as subcontractors. The City will approve the request only if satisfied with the proposed subcontractor's record, equipment,experience and ability. Approval to subcontract shall not: 1. Relieve the Contractor of any responsibility to carry out the Contract. 2. Relieve the Contractor of any obligations or liability under the Contract and the Contractor's bond. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 6 of 15 3. Create any contract between the City and the subcontractor, or 4. Convey to the subcontractor any rights against the City. The City will not consider as subcontracting: (1)purchase of sand, gravel,crushed stone,crushed slag, batched concrete aggregates,ready mix concrete,off-site fabricated structural steel,other off- site fabricated items, and any other materials supplied by established and recognized commercial plants; or(2)delivery of these materials to the work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies. However,the Washington State Department of Labor and Industries may determine that RCW 39.12 applies to the employees of such firms identified in A and B above in accordance with WAC 296-127. If dissatisfied with any part of the subcontracted work,the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work under the Contract. This section does not create a contractual relationship between the City and any subcontractor. Also,it is not intended to bestow upon any subcontractor,the status of a third-party beneficiary to the Contract between the City and the Contractor. 10)TERMINATION The City may terminate this Contract for good cause. "Good cause" shall include,without limitation,any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Contract. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal,state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. After all the work contemplated by the Contract has been completed either by the Surety or the City,the City will calculate the total expenses and damages for the completed work. If the total expenses and damages are less than any unpaid balance due the Contractor,the excess will be paid by the City to the Contractor. If the total expenses and damages exceed the unpaid balance,the Contractor and the Surety shall be jointly and severally liable to,and shall pay the difference to,the City on demand. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 7 of 15 11)PREVAILING WAGES Contractor shall file a"Statement of Intent to Pay Prevailing Wages"with the State of Washington Department of Labor&Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington,as well as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect on the date the Contractor submitted the Construction Work Quote Form is attached and by this reference incorporated herein and made a part hereof. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor and each and every subcontractor,has been approved by the State Department of Labor&Industries,and is received by the City. Retainage, if applicable,shall not be released until an Affidavit of Wages Paid form for the Contractor and each and every subcontractor,has been approved by the State Department of Labor &Industries,and is received by the City. 12)CHANGES The City may issue a written change order for any change in the Contract work during the performance of this Contract. If the Contractor determines,for any reason,that a change order is necessary,the Contractor must submit a written change order request to an authorized agent of the City within 10 calendar days of the date the facts and events giving rise to the requested change occurred. If the City determines that the change increases or decreases the Contractor's costs or time for performance,the City will make an equitable adjustment. The City will attempt,in good faith,to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree,the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City. If the Contractor fails to request a change order within the time allowed,the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the Contract work. If the Contractor disagrees with the equitable adjustment,the Contractor must complete the change order work;however,the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor If the Contractor disagrees with anything required by a change order,another written order,or an oral order from the City,including any direction, instruction, interpretation, or determination by the City,the Contractor shall: ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 8 of 15 1. Within 2 days of receiving a written change order or oral order that the Contractor desires to protest,the Contactor shall give a signed written notice of protest to the City; and 2. Supplement the written protest within 14 calendar days with a written statement that provides the following information: a. The date of the Contractor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Contract that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests,provided the procedures in this section are followed. If the City determines that a protest is valid,the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work In spite of any protest,the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes The Contractor accepts all requirements of a change order by: (1)endorsing it, (2) writing a separate acceptance,or(3)not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for Contract time and for direct, indirect and consequential costs,including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver By not protesting as this section provides,the Contractor also waives any additional entitlement and accepts from the City any written or oral order(including directions, instructions,interpretations,and determination). E. Failure to Follow Procedures Constitutes Waiver ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 9 of 15 By failing to follow the procedures of this section,the Contractor completely waives any claims for protested work and accepts from the City any written or oral order(including directions, instructions, interpretations, and determination). 13)CLAIMS The Contractor waives right to a claim if they have not followed the protest procedures outlined in this Contract. If resolution of a protest cannot be reached, and the Contractor wishes to pursue a claim,the Contractor shall give written notice of claim to the City within 15 calendar days of the City's notice of its final decision on the Contractor's protest. Any claim for damages,additional payment for any reason,or extension of time,whether under this Contract or otherwise,shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Contract. At a minimum,a Contractor's written claim must include the information set forth regarding protests in this Contract. 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. The Contractor must,in any event,file any claim or bring any suit arising from or connected with this Contract prior to signing the Final Payment Form. 14)WARRANTY (CHECK ONE) 0 No warranty applies to the Contract Work. /1 Warranty applies to the Contract Work as follows: All defects in workmanship and materials that occur within one year of the Contract Completion date shall be corrected by the Contractor. When defects are corrected,the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within 7 calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time,the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 15)INDEMNIFICATION ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 10 of 15 Contractor shall defend, indemnify and hold the City, its officers, officials,employees,agents and volunteers harmless from any and all claims, injuries,damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers,officials,employees,agents and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that this indemnification constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW,solely for the purposes of this indemnification. The parties acknowledge that they have mutually negotiated this waiver. The provisions of this section shall survive the expiration or termination of this Contract. 16) INSURANCE Insurance requirements shall be as specified in the City of Auburn Construction Standards,Part 1, Section 1-07.18(Insurance)which by reference is incorporated is a part of this contract. 17)CORRESPONDENCE (CHECK ONE) 0 Submittals and formal Requests for Information(RFI)shall not be required for this contract. ® Submittals and Requests for Information(RFI)shall be as follows: A. Requests for Information (RFI's). RFI's shall be made electronically and shall be transmitted via e-mail to PWSubmittals@auburnwa.gov. The e-mail subject line of electronic RFI's shall include the following: Contract Number and Project Name/Number as applicable—RFI Title/Subject. Each e-mail shall be limited to 10 MB's in size. All RFI's shall accompany the City of Auburn "CIP Construction Request for Information" (RFI)form as a cover letter with enough information provided for the Engineer to respond accordingly. The time required to evaluate and review RFI's is not the same for all RFI's. The Contractor shall allow a minimum of 10 calendar days,unless otherwise noted,for the Engineer to respond. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 11 of 15 B. Submittals. All submittals shall be made electronically and shall be transmitted via e-mail to PWSubmittals(@,auburnwa.gov. The e-mail subject line of electronic submittals shall include the following: <<<Project Number>>>,«<Project Name>>>-"Submittal Title". Each electronic email shall be limited to 10 MB's in size. All electronic submittals shall be clear, sharp high contrast electronic files in Word 2016, Excel 2016 or PDF formats. All submittals shall accompany the City of Auburn "Request for Submittal Approval" (RSA) form. Any submittals made without the RSA form or without all of the required information on the form filled out by the Contractor shall be rejected without review. No additional compensation or time extension shall be granted for a Contractor not supplying this form as a cover letter for their submittals or for an improperly filled out form. The RSA form shall be completed by the Contractor as follows: • For any item being submitted to the City for review and approval for the first time, check the"New Submittal"box. The City will assign the item a submittal number. For items that have been previously submitted and require a re-submittal, check the "Re-submittal of No. " box and fill in the submittal number that was assigned by the City to the original submittal. For submittals that are providing Material Acceptance Documentation for a submittal that has been previously made, the Contractor shall check the "Material Acceptance Documentation for Submittal No. " box and fill in the submittal number that was assigned by the City for which the Contractor is supplying the acceptance documentation for. • Fill in the Contract Number(I.E.##-##)and Contract/Project Name; • Fill in the Project Identifying Number(I.E. CP####); • Fill in the Date the Submittal was transmitted to the City; • Provide the Contractor's name and, if applicable, the name of Subcontractor or supplier who prepared the submittal; • The Contractor is strongly encouraged to submit only one material or item per RSA form,however if more than one material or item is listed on the form then provide a General Submittal Title that is applicable to the group. Do not group non-like materials or items on the same form; • When applicable,provide the Bid Item number the submittal is referencing; • Provide a submittal description(be specific). For material submittals, provide the Type of Material, the Manufacturer's Product/Type, or the trade name of the product; ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 12 of 15 • When applicable, provide the Name and the Location of the Fabricator or the Manufacturer's nameorthe Pit Number. This should be the actual manufacturer, not the supplier or distributor, • Provide the Contract Specification section number(s) or the page number the submittal material is referencing, or you can list the Plan Sheet number;and • For material submittals, indicate whether the submittal is requesting use of the WSDOT Qualified Product List(QPL)or if the submittal is a Request for Approval of Material (RAM) that is not in the QPL, by checking the appropriate box. For non-material submittals and for material acceptance documentation these boxes shall be left blank. If the Contractor elects to use a product listed in the QPL,the submittal documentation shall be prepared in accordance with the instructions in the WSDOT QPL program and shall be the most current list available at the time the product is proposed to be used. 18) 1VIISCELLANEOUS A. Nondiscrimination. In the hiring of employees for the performance of work under this Contract,the Contractor,its subcontractors,or any person acting on behalf of Contractor shall not, by reason of race,religion,color,sex,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. B. Compliance with Laws. The Contractor shall comply with all federal,state and local laws,rules and regulations throughout every aspect in the performance of this Contract. C. Qualifications of Bidder. Before award of a public works contract,a bidder must meet at least the minimum qualifications of RCW 39.04.350(1)to be considered a responsible bidder and qualified to be awarded a public works project. D. Work Performed at Contractor's Risk. The Contractor shall take all precautions necessary and shall be responsible for the safety of its employees,agents,and subcontractors in the performance of this Contract. All work shall be done at the Contractor's own risk,and the Contractor shall be responsible for any loss of or damage to materials,tools, or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein,or to exercise any option herein conferred in one or more instances,shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 13 of 15 F. Governing Law. This Contract shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and the Contractor under any of the provisions of this Contract,resolution of that dispute shall be available only through the jurisdiction,venue and rules of the King County Superior Court,King County, Washington. G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties'performance of this Contract,each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit;however,nothing in this subsection shall limit the City's right to indemnification under Section 10 of this Contract. H. Written Notice. All communications regarding this Contract shall be sent to the parties at the addresses listed onthe signature page of this Contract,unless otherwise notified. Any written notice shall become effective upon delivery,but in any event 3 calendar 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 Contract. I. Assignment. Any assignment of this Contract by the Contractor without the written consent of the City shall be void. J. Modification. No waiver,alteration,or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. K. Severability. If any one or more sections,sub-sections,or sentences of this Contract are held to be unconstitutional or invalid,that decision shall not affect the validity of the remaining portion of this Contract and the remainder shall remain in full force and effect. L. Entire Contract. The written provisions and terms of this Contract,together with any referenced documents and attached Exhibits,supersede all prior verbal statements by any representative of the City,and those statements shall not be construed as forming a part of or altering in any manner this Contract. This Contract,referenced documents, and any attached Exhibits contain the entire Contract between the parties. Should any language in any referenced documents or Exhibits to this Contract conflict with any language contained in this Contract,the terms of this Contract shall prevail. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 14 of 15 IN WITNESS WHEREOF,the parties below have executed this Contract. CUSTOM ELECTRIC&CONTROLS THE CITY OF AUBURN (Signature) ( gnature) By Tom Gibelyou By Nancy Backus (Print name here) Its President Its Mayor (Authorized representative) DATE:09/28/2020 DATE: \b41 Contractor's State License No. CUSTOCC0752D State Tax Registration(UBI)No. 601-352-318 Federal Tax ID#91-1538559 APPROVED AS TO FORM: Kendra Comeau,City Attorney Notices to be sent to: Notices to be sent to: CUSTOM ELECTRIC&CONTROLS CITY OF AUBURN Attn: Tom Gibelyou Attn: Jeff Bender,Project Engineer 4630 16`1i St.E, Suite B-24 25 West Main Street Fife, WA 98424 Auburn,WA 98001 Phone:253-922-5874 Phone: 253.804.5063 E-mail: tomg@customec.com E-mail: jbender@auburnwa.gov ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 15 of 15 CITY OF * 1�- * Nancy Backus,Mayor l"rlU /"." WAS H I N GTO N 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov* 253-931-3000 October 14, 2020 CERTIFIED MAIL RETURN RECEIPT REQUESTED Tom Gibelyou Custom Electric& Controls 4630 16th Street E, Suite B-24 Fife, WA 98424 NOTICE TO PROCEED RE:CP.2024, Howard Road VFD Replacement, Contract#20-21 You are herebynotified to' proceed as of October16, 2020 with the work on the above- referenced project, within the time period specified, in accordance with the provisions of the contract documents, copy enclosed. Your first working day will be October 19, 2020. This project has 30 working days for completion. This Notice toProceed does not authorize any construction or other activity in violation of any law, expressly including the Governor's Emergency Proclamations and related Guidance Memoranda. Active construction activities shall be in accordance with all current criteria and requirements related to Proclamation 20-25. If you have any questions, -please contact the inspector for the project, .Clint Willis at 253-804-5081 or the Contract.Administration Specialist, Jenny Sebero at 253-931-301.2. Sincerely, Jeff Bender, P.E. Project Engineer Public Works Department JB/js/as Enclosure cc: Shawn Campbell, City Clerk Jacob Sweeting, Assistant Director of Engineering/City Engineer Clint Willis, Project Inspector Amanda DeSilver, Contract Admin Supervisor File 13.11 (CP2024) Electronic Distribution Only a ENG-017-ELH,Revised 12/18 AUBURN * MORE THAN YOU IMAGINED CITY OF . - Declaration of Option For Performance Bond or - Additional Retainage WASHINGTON (Contracts Under$150,000 only) Project No. CP2024, Howard Road VFD Replacement Contract No. 20-21 Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space. Custom Electric& Controls 4630 16th St. E Suite B-24 Fife, WA 98424 The Contractor elects to: D 1. Furnish.a performance bond in the amount of the total contract sum, in which case the City shall hold back retainage in the amount of five percent(5%.) An executed performance bond on the required sum is included with the executed contract documents. Xx 2. Have the City retain, in lieu of performance bond, ten percent (10%) of the total contract amount for a period of thirty (30) days after final acceptance or until receipt of all necessary releases from the State Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. In choosing Option 2, the Contractor agrees that if the Contractor, its heirs, executors,. administrators, successors, or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall indemnify, defend and hold harmless the City of Auburn and its officials, agents, and employees from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said Option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. Contractor Signature Printed Name Tom Gibelyo Y Title President Date 09/28/2020 ENG-114,Revised 11/18 NON-FORMALLY BID PUBLIC WORKS CONTRACT NO.20-21 Project No. CP2024,Howard Road VPD Replacement THIS CONTRACT is entered into between the City of Auburn,a Washington Municipal Corporation("City"),and Custom Electric&Controls("Contractor"),whose mailing address is 4630 16th Street E.,Suite B-24,Fife,WA 98424. RECITALS: 1.The City is in need of construction contracting services to complete the public work as described in this Contract. 2. Contractor is qualified to perform the construction contracting services described in the Scope of Work. 3. The City wishes to engage Contractor for the performances of these construction contracting services. 4.This contract was not formally bid because(check one) 0 LIMITED PUBLIC WORKS CONTRACT:Engineer's Estimate<$50,000.00 and this contract was awarded using the Limited Public Works process as described in RCW 39.04.155. ❑ SMALL PUBLIC WORKS CONTRACT(SINGLE TRADE WORK): Engineer's Estimate<$75,500.00 ® SMALL PUBLIC WORKS CONTRACT(MULTIPLE TRADE WORK): Engineer's Estimate<$116,155.00 ❑ EMERGENCY PUBLIC WORKS CONTRACT:Per RCW 39.04.280,this work is exempt from competitive bidding requirements because the work is considered an emergency,meaning unforeseen circumstances beyond the control of the City either: (a)Present a real, immediate threat to the proper performance of essential functions;or(b)will likely result in material loss or damage to property,bodily injury,or loss of life if immediate action is not taken. ❑ COOPERATIVE PURCHASING AGREEMENT:This contract is being let under(cooperative contract No.X)between(agency)and(contractor)in accordance with RCW 39.34(Interlocal Cooperation Act). 0 Other ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO,20-21 September 15,2020 Page 1 of 15 AGREEMENT 1) CONTRACTOR SERVICES The Contractor shall do all work and furnish all tools,materials and equipment for the construction of Project No.CP2024 in accordance with this Contract form. Scope of work is as follows: This project will remove and replace the existing 480V, 200HP variable frequency drives (VFDs)for Pumps T and 2 at the Howard Road Corrosion Control Facility. The work also will include a new VFD enclosure and VFD programming for each pump (2 total). The VFD enclosure will house the new VFD, 5% line and load reactors, disconnect switch, cooling fan, and door mounted keypad (One control panel for each drive, 2 total). Additionally the contractor will provide factory certified startup with an extended two year warranty. Disposal of the existing equipment will be the contractor's responsibility. Contractor will be responsible for obtaining an electrical permit. The complete Contract includes the following parts,which are by this reference incorporated herein and made a part hereof. Any inconsistency in the parts of the Contract shall be resolved by the order in which they are listed: A. Non-Formally Bid Public Works Contract(this form) B. Construction Work Quote Form C. City of Auburn Construction Standards D. City of Auburn Design Standards E. Divisions 2—9 of WSDOT/APWA Standard Specifications for Road,Bridge and Municipal Construction as modified by the City of Auburn Construction Standards and any special provisions included in the Contract F. Portions of Division 1 of WSDOT/APWA Standard Specifications for Road,Bridge and Municipal Construction as specifically referenced by the City of Auburn Construction Standards and the Contract. G. Washington State Department of Labor&Industries Prevailing Wage Rates and Benefit Key Code effective the date the Contractor submitted the Construction Work Quote Form H. On the Contract plans,working drawings,and standard plans,figured dimensions shall take precedence over scaled dimensions. I. In case of any ambiguity or dispute over interpreting the Contract,the City Engineer's decision will be final. ENG-059,Revised 7/20 NON-FORMALLY RID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 2of1S 2) CITY OF AUBURN BUSINESS LICENSE The Contractor,subcontractors,and lower tier subcontractors,shall have an active City of Auburn business license. 3) NOTICE TO PROCEED A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and City,and all insurance and licensing requirements as set forth in the contract have been met.The Notice to Proceed Date shall be either the date the Contractor commenced contract work or the date the contract has been fully executed by the Contractor and City and all insurance and licensing requirements as set forth in the contract have been met,whichever occurs first. 4) TIME OF COMPLETION The Contractor shall complete the work within 30 working days from the Notice to Proceed Date. 5) LIQUIDATED DAMAGES(CHECK ONE) 0 Liquidated damages shall not apply to this contract. I Liquidated damages shall apply to this contract as follows: If said work is not completed within the time specified,the Contractor agrees to pay liquidated damages to the City as follows: A. To pay(according to the following formula)liquidated damages for each working day beyond the number of working days established for physical completion,and B. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. C. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will,in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. Formula: Contract Price(without tax)x 0.15,divided by the original number of working days for completion. 6) HOURS OF WORK Allowed hours of work are as a specified in the City of Auburn Construction Standards,Part 1, Section 1-08.0(2)(Hours of Work),which by reference is incorporated is a part of this contract. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 3 of IS 7) COMPENSATION The Contractor shall do all work and furnish all tools,materials,and equipment for the work and services contemplated in this Contract for compensation as follows: (Check One) El Lump Sum Amount ❑ Unit Bid Prices as listed in the Construction Work Quote Form ❑ Not to Exceed Amount,paid per the Force Account method as described in Section 1- 09.6 of the current WSDOT Standard Specifications for Road,Bridge and Municipal Construction The Lump Sum Amount,as specified above is$83,160.00,and Washington State Sales Tax of $8,316.00 for a total contract price of$91,476.00. This project is subject to use tax,which shall be included in the lump sum,unit bid,or time and material compensation amount listed herein, The City's sales tax area is 1702 for work within King County and 2724 for work within Pierce County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor and each and every Subcontractor,has been approved by the State Department of Labor&Industries,and is received by the City. • A. Performance Bond 0 This is a Limited Public Works Contract AND the City has waived Performance Bond requirements. ® The Contractor shall furnish the City with an executed performance bond for the full Contract amount,unless the contact amount is$150,000.00 or less and the Contractor has elected to have 10%retainage held by the City, in which case a performance bond is not required for this project. B. Retainage(check one) ❑ This is a Limited Public Works Contract AND the City has waived retainage requirements. This contract is$150,000.00 or less,therefore,the following applies: The Contractor may elect to furnish a performance bond,in which case the City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor,OR have the City retain,in lieu of the performance bond, 10%of the total Contract amount,pursuant to RCW 39.08.010. The Contractor shall execute a "Declaration of Option for Performance Bond or Additional Retainage"to indicate his/her option. If furnishing a performance bond,the Contractor can choose to have ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 4 of 15 the retainage held by the City in a non-interest bearing account,have it placed in an Escrow(interest bearing)Account,or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department,including Affidavits of Wages paid for the Contractor and each and every subcontractor,and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. ❑ This contract is over,$150,000.00,therefore,the following applies: The City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to have the retainage held by the City in a non-interest bearing account,have it placed in an Escrow(interest bearing)Account,or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department,including Affidavits of Wages paid for the Contractor and each and every subcontractor,and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. C. Defective or Unauthorized Work The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes,without limitation: work and materials that do not conform to the requirements of this Contract;and extra work and materials furnished without the City's written approval. If the Contractor is unable,for any reason,to satisfactorily complete any portion of the work,the City may complete the work by contract or otherwise,and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees,incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any additional costs,from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver f Claims The submittal of the Final Invoice by the Contractor shall constitute a waiver of claims, except those previously and properly made and identified by the Contractor as unsettled at the time Final Invoice is submitted by the Contractor. 8) INDEPENDENT CONTRACTOR ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 5 of 15 The parties intend that an Independent Contractor-Employer Relationship will be created by this Contract,the City being interested only in the results obtained under this Contract. 9) SUBCONTRACTING Work done by the Contractor's own organization shall account for at least 30 percent of the awarded Contract price. Before computing this percentage however,the Contractor may subtract (from the awarded Contract price)the costs of any subcontracted work on items the Contract designates as specialty items. The Contractor shall not subcontract work unless the City approves in writing. Each request to subcontract shall be on the form the City provides. If the City requests,the Contractor shall provide proof that the subcontractor has the experience,ability,and equipment the work requires. The Contractor shall require each subcontractor to comply with RCW 39.12(Prevailing Wages on Public Works)and to furnish all certificates and statements required by the Contract. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor and each and every subcontractor,has been approved by the State Department of Labor&Industries, and is received by the City. Along with the request to sublet,the Contractor shall submit the names of any contracting firms the subcontractor proposes to use as lower tier subcontractors. Collectively,these lower tier subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a subcontractor. When a subcontractor is responsible for construction of a specific structure or structures,the following work may be performed by lower tier subcontractors'without being subject to the 25 percent limitation: A. Furnishing and driving of piling,or B. Furnishing and installing concrete reinforcing and post-tensioning steel. Except for the 25 percent limit,lower tier subcontractors shall meet the same requirements as subcontractors. The City will approve the request only if satisfied with the proposed subcontractor's record, equipment,experience and ability. Approval to subcontract shall not: I. Relieve the Contractor of any responsibility to carry out the Contract. 2. Relieve the Contractor of any obligations or liability under the Contract and the Contractor's bond. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 6 of 15 3. Create any contract between the City and the subcontractor,or 4. Convey to the subcontractor any rights against the City. The City will not consider as subcontracting: (1)purchase of sand,gravel,crushed stone,crushed slag,batched concrete aggregates,ready mix concrete,off-site fabricated structural steel,other off- site fabricated items,and any other materials supplied by established and recognized commercial plants;or(2)delivery of these materials to the work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies. However,the Washington State Department of Labor and Industries may determine that RCW 39.12 applies to the employees of such firms identified in A and B above in accordance with WAC 296-127. If dissatisfied with any part of the subcontracted work,the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work under the Contract. This section does not create a contractual relationship between the City and any subcontractor. Also,it is not intended to bestow upon any subcontractor,the status of a third-party beneficiary to the Contract between the City and the Contractor, 10)TERMINATION The City may terminate this Contract for good cause. "Good cause"shall include,without limitation,any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Contract. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal,state or local laws,rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. After all the work contemplated by the Contract has been completed either by the Surety or the City,the City will calculate the total expenses and damages for the completed work. If the total expenses and damages are less than any unpaid balance due the Contractor,the excess will be paid by the City to the Contractor. If the total expenses and damages exceed the unpaid balance,the Contractor and the Surety shall be jointly and severally liable to,and shall pay the difference to,the City on demand. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 7 of 15 11)PREVAILING WAGES Contractor shall file a"Statement of Intent to Pay Prevailing Wages"with the State of Washington Department of Labor&Industries prior to commencing the Contract work, The Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington,as well as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect on the date the Contractor submitted the Construction Work Quote Form is attached and by this reference incorporated herein and made a part hereof. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form,for the Contractor and each and every subcontractor,has been approved by the State Department of Labor&Industries,and is received by the City. Retainage,if applicable,shall not be released until an Affidavit of Wages Paid form for the Contractor and,each and every subcontractor,has been approved by the State Department of Labor &Industries,and is received by the City. 12)CHANGES The City may issue a written change order for any change in the Contract work during the performance of this Contract. If the Contractor determines,for any reason,that a change order is necessary,the Contractor must submit a written change order request to an authorized agent of the City within 10 calendar days of the date the facts and events giving rise to the requested change occurred. If the City determines that the change increases or decreases the Contractor's costs or time for performance,the City will make an equitable adjustment. The City will attempt,in good faith,to reach agreement with the Contractor on all equitable adjustments. I-Towever,if the parties are unable to agree,the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City. If the Contractor fails to request a change order within the time allowed,the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the Contract work. If the Contractor disagrees with the equitable adjustment,the Contractor must complete the change order work;however,the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor If the Contractor disagrees with anything required by a change order,another written order,or an oral order from the City,including any direction, instruction,interpretation, or determination by the City,the Contractor shall: ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 8 of 15 1. Within 2 days of receiving a written change order or oral order that the Contractor desires to protest,the Contactor shall give a signed written notice of protest to the City; and 2. Supplement the written protest within 14 calendar days with a written statement that provides the following information: a. The date of the Contractor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Contract that support the protest. d. The estimated dollar cost, if any,of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests,provided the procedures in this section are followed. If the City determines that a protest is valid,the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work In spite of any protest,the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes The Contractor accepts all requirements of a change order by: (1)endorsing it,(2) writing a separate acceptance,or(3)not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for Contract time and for direct,indirect and consequential costs, including costs of delays related to any work,either covered or affected by the change. D. Failure to Protest Constitutes Waiver By not protesting as this section provides,the Contractor also waives any additional entitlement and accepts from the City any written or oral order(including directions, instructions,interpretations,and determination). E. Failtere to Follow Procedures Constitutes`Waiver ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 Scpteinber 15,2020 Page 9 of 15 • By failing to follow the procedures of this section,the Contractor completely waives any claims for protested work and accepts from the City any written or oral order(including directions, instructions,interpretations,and determination). 13)CLAIMS The Contractor waives right to a claim if they have not followed the protest procedures outlined in this Contract. If resolution of a protest cannot be reached,and the Contractor wishes to pursue a claim,the Contractor shall give written notice of claim to the City within 15 calendar days of the City's notice of its final decision on the Contractor's protest. Any claim for damages,additional payment for any reason,or extension of time,whether under this Contract or otherwise,shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Contract.At a minimum,a Contractor's written claim must include the information set forth regarding protests in this Contract. 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. The Contractor must,in any event,file any claim or bring any suit arising from or connected with this Contract prior to signing the Final Payment Form. 14)WARRANTY (CHECK ONE) ❑ No warranty applies to the Contract Work. ® Warranty applies to the Contract Work as follows: All defects in workmanship and materials that occur within one year of the Contract Completion date shall be corrected by the Contractor. When defects are corrected,the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within 7 calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time,the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 15)INDEMNIFICATION ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 10 of 15 Contractor shall defend,indemnify and hold the City,its officers,officials,employees,agents and volunteers harmless from any and all claims, injuries,damages,losses or suits,including all legal costs and attorney fees,arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City,its officers,officials,employees,agents and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that this indemnification constitutes the Contractor's waiver of immunity under Industrial.Insurance,Title 51 RCW,solely for the purposes of this indemnification. The parties acknowledge that they have mutually negotiated this waiver. The provisions of this section shall survive the expiration or termination of this Contract. 16) INSURANCE Insurance requirements shall be as specified in the City of Auburn Construction Standards,Part 1, Section 1-07.18(Insurance)which by reference is incorporated is a part of this contract. 17)CORRESPONDENCE (CHECK ONE) ❑ Submittals and formal Requests for Information(RFI)shall not be required for this contract. (l Submittals and Requests for Information(RFI)shall be as follows: A. Requests for Information (RFI's). RFI's shall be made electronically and shall be transmitted via e-mail to PWSubmittals@auburnwa.gov. The e-mail subject line of electronic RFI's shall include the following: Contract Number and Project Name/Number as applicable—RFI Title/Subject. Each e-mail shall be limited to 10 MB's in size. All RFI's shall accompany the City of Auburn "OP Construction Request for Information" (RFI)form as a cover letter with enough information provided for the Engineer to respond accordingly. The time required to evaluate and review RFI's is not the same for all.RFI's. The Contractor shall allow a minimum of 10 calendar days,unless otherwise noted,for the Engineer to respond. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 11 of 15 B. Submittals. All submittals shall be made electronically and shall be transmitted via a-mail to PWSubmittals.Qauburn%va.eov. The e-mail subject line of electronic submittals shall include the following: <<<Project Number>>>,«<Project Name>>>-"Submittal Title". Each electronic email shall be limited to 10 MB's in size. All electronic submittals shall be clear, sharp high contrast electronic files in Word 2016, Excel 2016 or PDF formats. All submittals shall accompany the City of Auburn "Request for Submittal Approval" (RSA) form.. Any submittals made without the RSA form or without all of the required information on the form filled out by the Contractor shall be rejected without review. No additional compensation or time extension shall be granted for a Contractor not supplying this form as a cover,Ietter for their submittals or for an improperly filled out form. The RSA form shall be completed by the Contractor as follows: o For.any,item being submitted to the City for review and approval for the first time, check the"New Submittal"box. The City will assign the item a submittal number. For items that have been previously submitted and require a re-submittal, check the."Re-submittal of No. " box and fill in the submittal number that was assigned by,the City to the original submittal. For submittals that are providing Material Acceptance Documentation for a submittal that has been previously made, the Contractor shall check the "Material Acceptance Documentation for Submittal No. " box and fill in the submittal number that was assigned by the City for which the Contractor is supplying the acceptance documentation for. o Fill in the Contract Number(I.E.##-##)and Contract/Project Name; o Fill in the Project Identifying Number(I.E. CP####); o Fill in the Date the Submittal was transmitted to the City; o Provide the Contractor's name and, if applicable, the name of Subcontractor or supplierwho prepared the submittal; o The Contractor;is strongly encouraged to submit only one material or item per RSA form,however if more than one material or item is listed on the form thenprovide a General Submittal Title that is applicable to the group. Do not group non-like materials or items on the same form; • When applicable,provide the Bid Item number the submittal is referencing; o Provide a submittal description(be specific). For material submittals, provide the Type of Material, the Manufacturer's Product/Type, or the trade name of the product; ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 12 of 15 • When applicable, provide the Name and the Location of the Fabricator or the Manufacturer's name or the Pit Number. This should be the actual manufacturer, not the supplier or distributor, • Provide the Contract Specification section number(s) or the page number the submittal material is referencing, or you can list the Plan Sheet number;and • For material submittals, indicate whether the submittal is requesting use of the WSDOT Qualified Product List(QPL)or if the submittal is a Request for Approval of Material (RAM)that is not in the QPL, by checking the appropriate box. For non-material submittals and for material acceptance documentation these boxes shall be.left blank.If the Contractor elects to use a product listed in the QPL,the submittal documentation shall be prepared in accordance with the instructions in the WSDOT QPL program and shall be the most current list available at the time the product is proposed to be used. 18)MISCELLANEOUS A. Nondiscrimination. In the hiring of employees for the performance of work under this Contract,the Contractor,its subcontractors,or any person acting on behalf of Contractor shall not,by reason of race,religion,color,sex,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. B. Compliance with Laws. The Contractor shall comply with all federal,state and local laws,rules and regulations throughout every aspect in the performance of this Contract. C. Qualifications of Bidder. Before award of a public works contract,a bidder must meet at least the minimum qualifications of RCW 39.04.350(1)to be considered a responsible bidder and qualified to be awarded a public works project. D. Work Performed at Contractor's Risk. The Contractor shall take all precautions necessary and shall be responsible for the safety of its employees,agents,and subcontractors in the performance of this Contract. All work shall be done at the Contractor's own risk,and the Contractor shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein,or to exercise any option herein conferred in one or more instances,shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 13 of 15 F. Governing Law. This Contract shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and the Contractor under any of the provisions of this Contract,resolution of that dispute shall be available only through the jurisdiction,venue and rules of the King County Superior Court,King County,Washington. G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240,in any claim or lawsuit for damages arising from the parties'performance of this Contract,each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit;however,nothing in this subsection shall limit the City's right to indemnification under Section 10 of this Contract. H. Written Notice. All communications regarding this Contract shall be sent to the parties at the addresses listed on the signature page of this Contract,unless otherwise notified. Any written notice shall become effective upon delivery,but in any event 3 calendar 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 Contract. I. Assignment. Any assignment of this Contract by the Contractor without the written consent of the City shall be void. J. Modification. No waiver,alteration,or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. K. Severability. If any one or more sections,sub-sections,or sentences of this Contract are held to be unconstitutional or invalid,that decision shall not affect the validity of the remaining portion of this Contract and the remainder shall remain in full force and effect. L. Entire Contract. The written provisions and terms of this Contract,together with any referenced documents and attached Exhibits,supersede all prior verbal statements by any representative of the City,and those statements shall not be construed as forming a part of or altering in any manner this Contract. This Contract,referenced documents, and any attached Exhibits contain the entire Contract between the parties. Should any language in any referenced documents or Exhibits to this Contract conflict with any language contained in this Contract,the terms of this Contract shall prevail. ENG-059,Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-21 September 15,2020 Page 14 of 15 IN WITNESS WHEREOF,the parties below have executed this Contract. CUSTOM ELECTRIC&CONTROLS THE CITY OF AUBURN r"k , (Signature) ( Ignature By Tom Gibelyou By Nancy Backus (Print name here) Its President Its Mayor (Authorized representative) DATE:09/28/2020 DATE: kQ 4 2,0 Contractor's State License No.CUSTOCC0752D State Tax Registration(UB1)No. 601-352-318 Federal Tax ID#91-1538559 APPROVED AS TO FORM: V Kendra Comeau,City Attorney Notices to be sent to: Notices to be sent to: CUSTOM ELECTRIC&CONTROLS CITY OF AUBURN Attn: Tom Gibelyou Attn: Jeff Bender,Project Engineer 4630 I e St. E, Suite B-24 25 West Main Street Fife, WA 98424 Auburn, WA 98001 Phone:253-922-5874 Phone: 253.804.5063 E-mail: tomg@customec.com E-mail: jbender@auburnwa.gov ENG-059.Revised 7/20 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-2I September IS,2020 Page 15 of 15 I -----'"44N CUSTELE-01 JWILLIAMS "‘cam----- ® CERTIFiCATE OF LIABILITY INSURANCE DATE(MMIDDIYYW) 9/22/2020 i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS f 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. I If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on 1 this certificate does.not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER i CONTACT Ben Johnson NAME:. .. Basin Pacific Insurance&Benefits PHONE FAX 11120 Gravely Lake Dr SW STE 1 (A/C,No, ):_ _ (AIC,No)__ Lakewood,WA 98499 :E-MAIL -- — „ADDRESS: �___ _INSURER(§)AFFORDING COVERAGE_ 1 NAIL If _ ________-------_---. .._- I INSURERA Tri-State Ins Co of Minnesota 131003 INSUREDII INSURER B --—�—` —L Custom Electric&Controls I -- J INSURERC:__ 463016th Street E 1 -- — _ Suite B24 ,I INSURER D: Fife,WA 98424 IIINSURER E _.__— 1— INSURER F: I 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 -----------*ADDL�SUBRr----------'�----- TYPEOF INSURANCE !1NSp:WyD i POLICY NUMBER ; i POLICY EFF (POLICY EXP 1– LTR ---- ; IMMIDDIYYYYI IMMIODIYYYY11 LIMITS A X COMMERCIAL GENERAL LIABILITYi i EACH OCCURRENCE ;S_ 1,000,000 I CLAIMS-MADE_I X 1 OCCUR I X [•X 1ADV6035532-21... - 7/1/2020 7/112021 !DAMAGE TO RENTED 1 000 000 I _ I, !PREMISES(Ea accurrepge)_'$_.— + + F— ---- i - MED EXP(Any oneperson) ,T 10,000 i -J —--.__— ----------.- !PERSONAL 8 ADV INJURY 'S 1,000,000 i I ' 'GENERAL--' OZ,OO ,OOOL GEN'L AGGREGATE LIMITAPPLIES PER: AGGREGATE SF — _ 2,000,000I POLICY iJT I JLOCI — — I PRODUCTS-COMP/OP AGG S fI I OTHER: I i I I S --- A 1 AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT I i i 1,000,000 I ANY AUTO _ �ADV6035532-21 ; 7/1/2020 r 7/1/2021 j BODILY INJURY(Per P erson__. rX I OWNED I 'SCHEDULED ------ ) S AUTOS ONLY I AUTOS i j 'BODILY INJURY(Per accident)-S X I NON-OWNED �---- D i • ' X i AU OS ONLY _ ATOS 0 LY I PROPERTY DAMAGE r I 1 Per accident — S A i UMBRELLA UAB I_ i OCCUR i i I 3,090,000 I i EACH'OCCURRENCE I S _ ' EXCESS LIAB ,CLAIMS-MADE-' X X ' IADV6035532-21 7/1/2020 7/1/2021 AGGREGATE S--— 1 1 DED I I RETENTIONS i I i 1 !S 3,000,000 A ;WORKERS COMPENSATION i ( 1 ; ;AND.EMPLOYERS'LIABILITY . I ! I PER i ETH- ANY PROPRIETOR/PARTNER/EXECUTIVE Y!N SIARITE..i_____LER_-__._._____ ._ ---, ADV6035532-21 7/1/2020 I 7/1/2021 1 OFFICERAIEMBE�t EXCLUDED? I N/A, j E.L_EACH ACCIDENT_ `-. 1,000,000 f(Mandatary In NH) -- j i E.L.DISEASE-EA EMPLOYE 1 S 1,000,000 ,If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT I S A Property I ADV6035532-21 7/1/2020 ! 7/112021 ;Bus Personal Prop I- I I ( 25,000 A .Equipment Floater i IADV6035532-21 7/1/2020 I 7/1/2021 ;Inland Marine I 25,000 • i 1 I DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The City of Auburn,its Officers,Elected Officials,Employees,Agents and Volunteers are'understood to be additional,insured with respects to the policy. I! Coverage is Primary and Non-Contributory;Waiver of Subrogation applies.Umbrella follows Form. RE:CP2024 Howard Road VFD Replacement CERTIFICATE HOLDER CANCELLATION I I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Auburn THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 25 West Main Street Auburn,WA 98001 AUTHORIZED REPRESENTATIVE 0,,,tyiJ GtJzmPhr-Mb 9 ! 1 I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I 1 COMMERCIAL GENERAL LIABILITY CL CG 06 29 0518 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following coverage is added: paragraph 2.a.above,the words caused in ADDITIONAL INSURED - OWNERS, LESSEES whole or in part by are replaced by the OR CONTRACTORS - AUTOMATIC STATUS words arising out of. INCLUDING PRIMARY NON-CONTRIBUTORY c. The insurance afforded to such additional 1. Section II-Who is An Insured is amended to insured only applies to the extent include as an additional insured any person(s) permitted by law;and or organization(s) for whom you are required d. If coverage provided to the additional by virtue of a written contract or agreement insured is required by a contract or that such person(s) or organization(s) be agreement, the insurance afforded to such added as an additional insured on your policy. additional insured will not be broader than 2. The insurance provided to the additional that which you are required by the contract insured is limited as follows: or agreement to provide for such additional Insured. a. Such person or organization is an e. This insurance ends at the earliest of the additional insured only with respect to following times: liability for "bodily injury", "property damage" or "personal and advertising (1) When any Named Insured(s) work injury"caused in whole or in part by: called for in the written contract has (1) Acts or omissions of the Named been completed Insured; or (2) When all of any Named Insured(s) (2) The acts or omissions of those acting work done at a job site has been on behalf of the Named Insured; completed if the written contract calls for work at more than one job site in the performance of the Named Insureds work for the additional insured(s)specified (3) When that part of any Named in the written contract provided the Insured's work done at a job site has contract or agreement requires you to been put to its intended use by any provide the additional insured such person or organization other than the coverage and is: Named Insured or those acting on the Named Insured(s)behalf. I. Currently in effect or becomes Work that may need service,maintenance, effective during the term of this correction, repair or replacement, but is policy; and otherwise complete, will be treated as Ii. Was executed prior to the "bodily completed. injury", "property damage" or 1. This insurance does not apply to any "personal and advertising injury". additional insured scheduled on your b. If the written contract specifically requires policy by separate endorsement. you to provide additional insured coverage g. For purposes of paragraph A. of this via the 10/01 edition of CG2010 (aka CG endorsement the terms "you" and "your" 20 10 10 01) or via the 11/85 edition of refer to the Named Insured shown in the CG2010 (aka CG 20 10 11 85), then in Declarations. CL CG 05 29 0518 Includes copyrighted material of Insurance Services Page 1 of 3 Office, Inc.,with its permission. 3. Exclusions b. Available under the applicable Limits of With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply to "bodily injury", "property This endorsement shall not increase the damage" or "personal and advertising injury" arising out of: applicable Limits of Insurance shown in the Declarations. a. The rendering of or failure to render any professional services by you or on your 5. Other insurance behalf, but only with respect to either or For purposes of this endorsement, the both of the following operations: following is added to the Section IV - (1) Providing engineering, architectural or Commercial General Liability Conditions,4. surveying services to others in your Other capacity as an engineer, architect or Insurance condition and supersedes any surveyor;and provision to the contrary: (2) Providing, or hiring independent This insurance is excess of all other professionals to provide, engineering, insurance available to an additional architectural or surveying services in insured whether on a primary, excess, connection with construction work you contingent or any other basis. But, if perform. required by a written contract or written b. Subject to Paragraph c. below, agreement to be primary and professional services include: noncontributory, this insurance will be primary to and will not seek contribution (1) Preparing, approving, or failing to from any insurance on which the additional prepare or approve, maps, shop insured is a Named Insured. drawings, opinions, reports, surveys, No other coverage or limit in the policy field orders, change orders, or drawings and specifications;and applies to loss or damage insured by this (2) Supervisory or inspection activities coverage. performed as part of any related B. The following coverage is added: architectural or engineering activities. CONTRACTUAL LIABILITY.RAILROADS c. Professional services do not include 1. With respect to operations performed for a services within construction means, Railroad within 50 feet of railroad property,the methods, techniques, sequences and definition of "insured contract" in Section V - procedures employed by you or performed Definitions is replaced by the following: by or for the construction manager, its employees or its subcontractors in 9. "Insured Contract"means: connection with your ongoing operations. a. A contract for a lease of premises. This exclusion applies even if the claims However, that portion of the contract against any insured allege negligence or other for a lease of premises that wrongdoing in the supervision, hiring, indemnifies any person or employment, training or monitoring of others organization for damage by fire to by that insured, if the "occurrence" which premises while rented to you or caused the "bodily injury" or "property temporarily occupied by you with damage", or the offense which caused the permission of the owner is not an "personal and advertising injury", involved the "insured contract; rendering of, or the failure to render, any b. A sidetrack agreement; professional architectural, engineering or surveying services. c. Any easement or license agreement; 4. Limits of Insurance d. An obligation, as required by With respect to the insurance afforded to these ordinance, to indemnify a municipality, exceptadditional insureds, the followingis added to in connection with work for a municipality; Section III-Limits Of Insurance: if coverage provided to the additional insured e. An elevator maintenance agreement; is required by a contract or agreement, the f. That part of any other contract or most we will pay on behalf of the additional agreement pertaining to your business insured is the amount of insurance: (including an indemnification of a municipality In connection with work a. Required by the contract or agreement; or performed for a municipality) under Page 2 of 3 Includes copyrighted material of Insurance Services CL CG 06 29 0618 Office, Inc.,with its permission which you assume the tort liability of 1. Projects away from premises owned by or another party to pay for"bodily injury" rented to you. or property damage" to a third person or organization. Tort liability means a 2. "Locations"owned by or rented to you. liability that would be imposed by law "Location"means premises involving the same in the absence of any contract or or connecting lots, or premises whose agreement. connection is interrupted only by a street, Paragraph f.does not include that part roadway, waterway or right-of-way of a of any contract or agreement: railroad. (1) That indemnifies an architect, When paragraph B.Construction Project engineer or surveyor for injury or General Aggregate Limit on form CL CG 00 20 is damage arising out of: a part of this policy,then this endorsement (a) Preparing, approving or failing CL CG 05 29 paragraph C. Aggregate Limits Of to prepare or approve maps, Insurance does not apply. shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that Is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. 2. Other Insurance For purposes of this endorsement, the following is added to the Section IV- Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance is excess of all other insurance that is Railroad Protective Liability or similar coverage for"your work" performed for a Railroad. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the Railroad is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. C. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION Ili - LIMITS OF INSURANCE applies separately to each of your: CL CG 05 29 0618 Includes copyrighted material of Insurance Services Page 3 of 3 Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY CL CG 04 92 0916 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included C. Knowledge Of Occurrence Included D. Legal Liability—Damage To Premises Rented To You (Fire, Lightning, $300,000 Explosion, Smoke,Or Leakage From Automatic Fire Protective Systems) E. Medical Payments $10,000 F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Included Company And Extended Period Of Coverage H. Who Is An Insured—Amendment Included I. Non-Owned Watercraft(Increased to maximum length of less than 51 Included feet) J. Supplementary Payments--Increased Limits 1. Bail Bonds $3,000 2. Loss Of Earnings $ 1,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability additional insured on your policy, provided Coverage Part apply except as otherwise provided in that: this endorsement. This endorsement applies only if a. The written contract or written agreement such Coverage Part is included in this policy. is: A. MISCELLANEOUS ADDITIONAL INSUREDS (1) Currently in effect or becoming 1. Section II—Who Is An Insured is amended effective during the term of this policy; to include as an insured any person or and organization (referred to as an additional (2) Fully executed by you and the insured below) described in Paragraphs additional insured prior to the "bodily A.1.c.(1) through A.1.c.(8) below when you and such person or organization have agreed injury", "property damage" or "per- in writing in a contract or agreement that such sonal and advertising injury". person or organization be added as an CL CG 04 92 0916 Includes copyrighted material of insurance Services Office, Inc., Page 1 of 7 with its permission b. The insurance afforded by this provision performed by or on behalf of such does not apply to any person or additional insured. organization included as an additional insured by a separate endorsement (4) Lessor Of Leased Equipment issued by us and made a part of this policy Any person(s)or organization(s)from or coverage part. whom you lease equipment but only c. Only the following persons or organi- with respect to liability for "bodily zations are additional insureds under this injury", "property damage" or "per- provision, with coverage for such sonal and advertising injury" caused, additional insureds limited as provided in whole or in part, by your herein: maintenance, operation or use of equipment leased to you by such (1) Managers Or Lessors Of Premises person(s) or organization(s). A manager or lessor of premises but A person's or organization's status as only with respect to liability arising out an additional insured under this of the ownership,maintenance or use endorsement ends when their written of that part of the premises leased to contract or written agreement with you and subject to the following you for such leased equipment ends. additional exclusions: This insurance does not apply to any This insurance does not apply to: "occurrence" which takes place after (a) Any "occurrence" which takes the equipment lease expires. place after you cease to be a (6) State, Municipality, Governmental tenant in that premises. Agency Or Subdivision Or Other (b) Structural alterations, new con- Political Subdivision Permits Or Author struction or demolition operations Premisizations Relating To performed by or on behalf of such Premises additional insured. Any state, municipality, govern- (2) Mortgagee,Assignee Or Receiver mental agency or subdivision or other political subdivision subject to the A mortgagee, assignee, or receiver following additional provisions: but only with respect to their liability (a) This insurance applies only with as mortgagee, assignee, or receiver respect to: and arising out of the ownership, maintenance, or use of a covered (I) The following hazards for premises by you. which the state, municipality, This insurance does not apply to governmental agency or structural alterations, new con- subdivision or other political struction or demolition operations subdivision has issued a performed by or on behalf of such permit or authorization in additional insured. connection with premises you own, rent or control and to (3) Owners Or Other interests From which this insurance applies: Whom Land Has Been Leased (1.1) The existence, An owner or other interest from whom maintenance, repair, land has been leased to you but only construction, erection with respect to liability arising out of or removal of adver- the ownership, mainte-nance or use tiling signs, awnings, of that part of the land leased to you canopies, cellar and subject to the following additional entrances, coal holes, exclusions: driveways, manholes, This insurance does not apply to; marquees, hoist away openings, sidewalk (a) Any "occurrence" which takes vaults, street banners place after you cease to lease or decorations and that land. similar exposures;or (b) Structural alterations, new con- struction or demolition operations CL CG 04 92 0916 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 7 with its permission (1.2) The construction, erec- The insurance afforded the tion or removal of vendor does not apply to: elevators; or (1.3) The ownership, main- (I) "Bodily injury" or "property damage" for which the tenance or use of any vendor is obligated to pay elevators covered by damages by reason of the this insurance. assumption of liability in a (ii) Operations performed by you written contract or written or on your behalf for which agreement. This exclusion the state, municipality, does not apply to liability for governmental agency or damages that the vendor subdivision or other political would have in the absence of subdivision has issued a the written contract or written permit or authorization, agreement; (b) This insurance does not apply to (Ii) Any express warranty unau- "bodily injury", "property dam- thorized by you; age"or"personal and advertising (III)Any physical or chemical injury" arising out of operations change in the product made performed for the state, munici- intentionally by the pality, governmental agency or vendor; subdivision or other political (Iv)Repackaging, except when subdivision. unpacked solely for the (6) Controlling Interest purpose of inspection, Any person(s) or organization(s)with demonstration,testing, or the a controlling interest in the Named substitution of parts under insured but only with respect to their instructions from the menu- liability arising out of: facturer, and then repackaged in the original (a)Their financial control of you;or container; (b) Premises they own, maintain or (v) Any failure to make such control while you lease or occupy inspections, adjustments, these premises. tests or servicing as the This insurance does not apply to vendor has agreed to make structural alterations, new con- or normally undertakes to struction or demolition operations make in the usual course of business, in connection with performed by or for such person(s)or organization(s). the distribution or sale of the products; (7) Co-Owner Of insured Premises (vi)Demonstration, installation, A co-owner of a premises co-owned servicing or repair opera- by you and covered under this tions, except such operations insurance but only with respect to the performed at the vendor's co-owner's liability as co-owner of premises in connection with such premises. the sale of the product; (8) Vendors (vii) Products which, after distri- (a) Any person(s) or organization(s) bution or sale by you, have been labeled or relabeled or (referred to as vendor), but only used as a container, part or with respect to "bodily injury" or ingredient of any other thing "property damage"arising out of or substance by or for the "your products" which are vendor; or distributed or sold In the regular course of the vendor's business. CL CG 04 92 0916 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission (viii)"Bodily injury" or "property 3. With respect to the insurance afforded to the damage" arising out of the additional insureds within this Provision A. sole negligence of the vendor Miscellaneous Additional Insureds, the for its own acts or omissions following is added to Section III --Limits Of or those of its employees or Insurance: anyone else acting on its The most we will pay on behalf of the behalf. How-ever, this additional insured is the amount of insurance: exclusion does not apply to: (1.1) The exceptions a. Required by the written contract or written contained in Sub- agreement;or paragraphs (iv) or(vi); b. Available under the applicable Limits Of or Insurance shown in the Declarations; (1.2) Such inspections, ad- whichever is less. justments, tests or This endorsement shall not increase the servicing as the vendor has agreed to make or applicable Limits Of Insurance shown in the normally undertakes to Declarations. make in the usual B. EXPECTED OR INTENDED INJURY OR course of business, in DAMAGE con-vection with the Exclusion 2.a. Expected Or Intended Injury of distribution or sale of Section 1 — Coverage A -- Bodily Injury And the products. Property Damage Liability is delet d and (b) This insurance does not apply to replaced by the following: any insured person or orgave a. Expected Or Intended Injury Or Damage nation, from_ whom you have acquired products, or any "Bodily injury"or"property damage"expected ingredient, part or container, or intended from the standpoint of the insured. entering into, accompanying or This exclusion does not apply to"bodily injury" containing such products. or"property damage"resulting from the use of 2. With respect to coverage provided by this reasonable force to protect persons or Provision A. Miscellaneous Additional property. Insureds, the following additional provisions C. KNOWLEDGE OF OCCURRENCE apply: Paragraph 2.a. Duties In The Event Of a. Any insurance provided to an additional Occurrence, Offense, Claim Or Suit.of Section insured designated under Paragraphs Iv — Commercial General Liability Conditions A.1.c.(1) through A.1.c.(8) above does is deleted and replaced by the following: not apply: a. You must see to it that we are notified as soon (1) To "bodily injury" or "property as practicable of an "occurrence" or an damage" Included within the offense which may result in a claim only when "products-completed operations the"occurrence"or offense is known to: hazard";or (2) To"bodily injury", "property damage" (1) You, if you are an individual; or "personal and advertising injury" (2) A partner, if you are a partnership; arising out of the sole negligence of (3) A manager, if you are a limited liability such additional Insured. company; or b. The insurance afforded to such additional (4) An "executive officer" or the "employee" insured only applies to the extent designated by you to give such notice, if permitted by law. you are an organization other than a c. The insurance afforded to such additional partnership or a limited liability company. insured will not be broader than that which To the extent possible, notice should include: you are required to provide by the written contract or written agreement (I) How,when and where the"occurrence"or offense took place; CL CG 04 92 0916 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 7 with its permission (Ii) The names and addresses of any injured you, or in the case of damage by fire, persons and witnesses; and lightning, explosion, "smoke", or leakage (Iii)The nature and location of any injury or from automatic fire protective systems, while rented tou orril damage arising out of the"occurrence"or occupied by youowith permissionpoforthe offense. owner. D. LEGAL LIABILITY — DAMAGE TO PREMISES This limit will apply to all damage RENTED TO YOU (Fire, Lightning, Explosion, proximately caused by the same event, Smoke, Or Leakage From Automatic Fire whether such damage results from fire, Protective Systems) lightning, explosion, "smoke", leakage If damage to premises rented to you is not from automatic fire protective systems, or otherwise excluded from this policy or coverage other covered causes of loss or any part,then the following provisions apply: combination thereof. 1. Under Section I — Coverage A — Bodily 4. Subparagraph b.(1)(a)(ii) of Paragraph 4. injury And Property Damage Liability, the Other insurance of Section IV — last paragraph(after the exclusions)is deleted Commercial General Liability Conditions is and replaced by the following: deleted and replaced by the following: Exclusions c.through n.do not apply to darn- (ii) That is fire, lightning, explosion, "smoke" age by fire, lightning, explosion, "smoke", or or leakage from automatic fire protective leakage from automatic fire protective systems insurance for premises rented to systems to premises while rented to you or you or temporarily occupied by you with temporarily occupied by you with the permission of the owner; permission of the owner. A separate limit of 5. Subparagraph a. of Definition 9. "Insured insurance applies to this coverage as contract" of Section V — Definitions is described in Section ill — Limits Of deleted and replaced by the following: Insurance. 2. The paragraph immediately after Sub- a. A contract for a lease of premises. paragraph j.(6)of Paragraph 2.Exclusions of However,that portion of the contract for a Section I—Coverage A—Bodily Injury And lease of premises that indemnifies any Property Damage Liability is deleted and person or organization for damage by fire, replaced by the following: lightning, explosion, "smoke" or leakage from automatic fire protective systems to Paragraphs (1), (3) and (4) of this exclusion premises while rented to you or do not apply to"property damage"(other than temporarily occupied by you with damage by fire, lightning, explosion,"smoke", permission of the owner is not an"insured or leakage from automatic fire protective contract". systems) to premises, including the contents 6. As used in this Provision D.Legal Liability— of such premises,rented to you for a period of Damage To Premises Rented To You: seven or fewer consecutive days. A separate limit of insurance applies to Damage To "Smoke" does not include smoke from Premises Rented To You as described in agricultural smudging, industrial operations or Section III—Limits Of Insurance. "hostile fire". 3. Paragraph 6. of Section iII — Limits Of E. MEDICAL PAYMENTS Insurance is deleted and replaced by the If Coverage C — Medical Payments is not following: otherwise excluded from this policy or coverage 6. Subject to Paragraph 6. above, the part, the Medical Expense Limit is changed, greater of: subject to the terms of Section Ili — Limits Of a. $300,000; or Insurance, to the greater of: b. The Damage To Premises Rented To a. $10,000; or You Limit shown in the Declarations, b. The Medical Expense Limit shown in the is the most we will pay under Coverage A Declarations. for damages because of "property F. MOBILE EQUIPMENT REDEFINED damage"to premises while rented to Subparagraph f.(1) of Definition 12. "Mobile equipment"of Section V—Definitions is deleted and replaced by the following: CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, inc., Page 5 of 7 with its permission (1) Equipment with a gross vehicle weight of partnership or limited liability company are 1,000 pounds or more and designed primarily the same or similar to the operations of for: insureds already covered under this (a) Snow removal; insurance, (b) Road maintenance, but not construction (v) Coverage only applies for those limited or resurfacing; or liability companies who have established a date of formation as recorded within the (c) Street cleaning; filed state articles of organization, G. NEWLY FORMED OR ACQUIRED ORGANIZA- certificates of formation or certificates of TION, PARTNERSHIP OR LIMITED LIABILITY organization;and COMPANY AND EXTENDED PERIOD OF (vi)Coverage only applies for those part- COVERAGE nerships who have established a date of Paragraph 3. of Section II--Who is An Insured formation as recorded within a written is deleted and replaced by the following: partnership agreement or partnership certificate. 3. Any organization you newly acquire or form, H. WHO IS AN INSURED—AMENDMENT other than a joint venture, and over which you maintain ownership or: The last paragraph of Section II — Who Is An a. Majority interest of more than 50% if you Insured is deleted and replaced by the following: are a corporation; No person or organization is an insured with b. Majority interest of more than 50% as a respect to the conduct of any: general partner of a newly acquired or a. Current partnership or limited liability formed partnership;and/or company,unless otherwise provided for under c. Majority interest of more than 50% as an Paragraph 3. of Section II — Who Is An Insured; owner of a newly acquired or formed limited liability company; b. Current joint venture; or will qualify as a Named Insured if there is no c. Past partnership, joint venture or limited other similar insurance available to that liability company; organization. However, for these organize- that is not shown as a Named Insured in the tions: Declarations. (I) Coverage under this provision is afforded I. NON-OWNED WATERCRAFT only until the next anniversary date of this policy's effective date after you acquire or Subparagraph (2) of Exclusion 2.g. Aircraft, form the organization, partnership or Auto Or Watercraft of Section I—Coverage A— limited liability company, or the end of the Bodily Injury And Property Damage Liability is policy period,whichever is earlier; deleted and replaced by the following: (ii) Section 1—Coverage A--Bodily Injury (2) A watercraft you do not own that is: And Property Damage Liability does not (a) Less than 51 feet long; and apply to "bodily injury" or "property damage" that occurred before you (b) Not being used to carry persons or acquired or formed the organization, property for a charge. partnership or limited liability company; J. SUPPLEMENTARY PAYMENTS—INCREASED (III)Section I—Coverage B—Personal And , LIMITS Advertising Injury Liability does not apply to "personal and advertising injury" Section 1 — Supplementary Payments — arising out of an offense committed before Coverages A And B is changed as follows: you acquired or formed the organization, 1. The limit shown in Paragraph 1.b.for the cost partnership or limited liability company; of bail bonds is changed from$250 to$3,000; (Iv)Coverage applies only when operations of and the newly acquired organization, 2. The limit shown in Paragraph 1.d.for loss of earnings because of time off from work is changed from$250 a day to$1,000 a day. CL CG 04 92 0916 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 7 with its permission K. UNINTENTIONAL OMISSION OR UNINTEN- M. LIBERALIZATION CLAUSE TIONAL ERROR IN DISCLOSURE The following is added to Section IV — The following provision is added to Paragraph 6. Commercial General Liability Conditions: Representations of Section IV — Commercial If we adopt a mandatory attachment form change General Liability Conditions: which broadens coverage under this edition of the However, the unintentional omission of, or Commercial General Liability CG0001 for no unintentional error in, any information given or additional charge, and those changes are provided by you shall not prejudice your rights intended to apply to all insureds under this edition under this insurance. of CG0001,that change will automatically apply to This provision does not affect our right to collect your insurance as of the date we implement the additional premium or to exercise our right of change in your state. This liberalization clause cancellation or non-renewal. does not apply to changes implemented through introduction of a subsequent edition of the L. WAIVER OF TRANSFER OF RIGHTS OF Commercial General Liability form 000001. RECOVERY AGAINST OTHERS N. INCIDENTAL MEDICAL MALPRACTICE The following is added to Paragraph 8. Transfer 1. Paragraph 2.a.(1)(d) of Section II —Who Is Of Rights Of Recovery Against Others To Us of An Insured does not apply to a physician, Section IV — Commercial General Liability nurse practitioner, physician assistant, nurse, Conditions: emergency medical technician or paramedic We waive any right of recovery we may have employed by you if you are not in the business against any person or organization because of or occupation of providing medical, payments we make for injury or damage arising paramedical, surgical,dental, x-ray or nursing out of your ongoing operations or"your work"and services. included in the "products-completed operations 2. This provision is excess over any other valid hazard" when you have agreed In a written and collectible insurance whether such contract or written agreement that any right of insurance is primary,excess,contingent or on recovery is waived for such person or any other basis. Any payments by us will organization. This waiver applies only to the follow Paragraph 4.b. of Section IV — person(s) or organization(s) agreed to in the Commercial General Liability Conditions. written contract or written agreement and is subject to those provisions. This waiver does not apply unless thewritten contract or written agreement has been executed prior to the"bodily injury"or"property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy,then this waiver does not apply. CL CG 04 92 0916 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission