Loading...
HomeMy WebLinkAboutPW11-348 - Change Order - #2 - Technical Systems, Inc. - GRNRA Datalogger & Telemetry System - 06/27/2013 Records M }v -ag*emer t 7�,KcNT Document WRSHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Technical Systems, Inc. Vendor Number: JD Edwards Number Contract Number: PCO I - `3 This Is assigned by City Clerk's Office s Project Name: GRNRA Datalogger and Telemetry System Description: ❑ Interlocal Agreement ® Change Order ❑ Amendment ❑ Contract ❑ Other: �. 6 -),? /3 Contract Effective Date: Date of the Mayor's signatureTermination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2014. 5 Publfc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KEN T WAS NIA GTON CHANGE ORDER NO. 2 NAME OF CONTRACTOR: Technical Systems, Inc. ("Contractor") CONTRACT NAME & PROJECT NUMBER: GRNRA Datalogaer and Telemetry System ORIGINAL CONTRACT DATE: October 20, 2011 This Change Order amends the above-referenced contract; all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, Contractor shall provide all labor, materials, and equipment necessary to: Additional time is needed to rebuild the GRNRA datalogger and telemetry system to regain the lost functionality. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are hereby modified as follows: Original Contract Sum, $10,206.77 (including applicable alternates and WSST) Net Change by Previous Change Orders $0 (incl. applicable WSST) Current Contract Amount $10,206.77 (incl. Previous Change Orders) Current Change Order $0 Applicable WSST Tax on this Change $0 Order Revised Contract Sum $10,206.77 CHANGE ORDER - 1 OF 3 Original Time for Completion July 31,2012 (insert date) Revised Time for Completion under June 30,2013 prior Change Orders (insert date) Days Required (f) for this Change 549 calendar days Order Revised Time for Completion December 31,2014 (insert date) In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard Specifications, and Section VII of the Agreement, the Contractor accepts all requirements of this Change Order by signing below. Also, pursuant to the above-referenced contract, Contractor agrees to waive any protest it may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date. All acts consistent with the authority of the Agreement, previous Change Orders (if any), and this Change Order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change Order shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this contract modification, which is binding on the parties of this contract. 3. The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above. IN WITNESS, the parties below have executed this Agreement, which will become effective on the last date written below. CONTRACTOR: CITY OF KENT: By: natur (signature) Print Name: r 1e ?NEW J Saot4r Pint Na uzette Cooke Its %t elc oo I s Mayor (title) ( le) DATE:- (i11161 DATE: 17 TT CHANGE ORDER - 2 OF 3 APPROVED AS TO FORM: (applicable if May ig re required) Kent Law Departme TSI-GRNRA MonRoring Syst CO 2/Knox CHANGE ORDER - 3 OF 3 A ® DATE(MMIODIYYYY) CERTIFICATE OF LIABILITY INSURANCE 4/29/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES .LOW 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NA MEACT Cynthia Wolf-Di-Dickerson 60II PLC Insurance, LLC PHONE (425)712-3664 FACX(A/C No PAI No (425)772-3786 A 4211 Alderwood Mall Blvd, #210 A''MAILgoynthia@plcins.com INSURE S AFFORDING COVERAGE NAIC q Lynnwood WA 98036 INSURERA Contintal Casualty V INSURED INSURERBAmer Casualty Co of R�eading PA AXV Technical Systems, Inc. INSUREReTransportation Ina AXV 2303-196th B.W. INSURER INSURER E Lynnwood WA 98036 INSURERF COVERAGES CERTIFICATE NUMBER.13/14 GL/AL/Umb REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE INOR S D POLICY NUMBER MMl DYIYYYY M EFF MfDDIYYYV LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED lOO,OOD COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ A CLAIMS-MADE OCCUR X 2068346215 /20/2013 /20/2014 MED EXF(Any one person) $ 5,000 X PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRCDUCTS-COMP/OP AGG $ 2,000,000 ECT X POLICY PRO LOC $ COMEINED LE LIMIT WTOMOBILE LIABILITY Ea accident) 11000,000 X ANY AUTO BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED AUTO S X 2068345453 /20/2013 4/20/2014 BODILY INJURY(Per accident) $ AUTOS NON OWNED PROPERTY DAMAGE X HIREDAUTOS X AUTOS Peracodent $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 `. EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000 DED I X I RETENTIONS 10,00C X C2068345405 /20/2013 /20/2014 $ A WC STATU- OTH- ,`C` A EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNERrEXECUTIVE❑ NIA ,M EL EACH ACCIDENT $ 1 000,000 OFFICEREMBER EXCLUDED? 2068346215 /20/2013 /20/2014 (Mandatory m NH) EL DISEASE-EA EMPLCYEE $ 1,000,000 If yes describe under A DESCRIPTION OF OPERATIONS below Stop Gap EL DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) The City of Kent is added as additional insured as respects work preformed by or on behalf of the insured per attached G144294C99 (12/06) Coverage is Primary and Non-Contributory Waiver of Subrogation applies per attached CG2404. Per Project applies per attached CG2503 (05/09) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City OF Kent ACCORDANCE WITH THE POLICY PROVISIONS 220 Fourth Avenue South Kent, WA 98032 AUTHORIZED REPRESENTATIVE Jerry Kiser/CYNTHI ` ACORD 25(2010105) ©1988-2010 ACORD CORPORATION All rights reserved. INSn25 oninmi m Thu Arr pn namo anr4 Inn^aru ronietururl marks of A(`npn POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: REFER TO SCHEDULE CG2404 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the "products-completed operations hazard" This waiver applies only to the person or organization shown in the Schedule above F CG 24 04 05 09 Copyright, Insurance Services Office, Inc.,2008 Page 1 of 1 G 144294C99 1206 Page 1 of 7 C7VA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TECHNOLOGY GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part 1. ADDITIONAL INSURED —BLANKET VENDORS WHO IS AN INSURED (Section II) is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of"your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions 1. The insurance afforded the vendor does not apply to a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you, c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products, f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to* (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products 3. This provision 1. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part 4. This provision 1. does not apply if "bodily injury" or "property damage" included within the "products- completed operations hazard" is excluded either by the provisions of the Coverage Part or by endorsement 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a, through 2.h. below whom you are required to add as an rnhtml:ftle://C:\Documents and Settings\cab2921\Desktop\G144294C99 1206.mht 4/21/2010 G144294C99 1206 Page 2 of additional insured on this policy under a written contract or agreement but the written contract or agreement must be 1. Currently in effect or becoming effective during the term of this policy, and 2. Executed prior to the "bodily injury," "property damage" or"personal injury and advertising injury," but only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein, a. Additional Insured—"Your Work" That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement No coverage applies to liability resulting from the sole negligence of the additional insured The insurance provided to the additional insured is limited as follows- (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations (2) The coverage provided to the additional insured by this paragraph 2.a., does not apply to "bodily injury" or 'property damage" arising out of the 'products-completed operations hazard" unless- (a) It is required by the written contract or written agreement, and (b) "Bodily injury" or "property damage" included within the 'products-completed operations hazard" is not excluded either by the provisions of the Coverage Part or by endorsement (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or"personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions- (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies- (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures, or (b) The construction, erection, or removal of elevators, or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit This insurance does not apply to "bodily injury," "property damage" or 'personal and advertising injury"arising out of operations performed for the state or municipality c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of. (1) Their financial control of you, or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions* This insurance does not apply to (1) Any"occurrence"which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of mhtml•fite-//C.\Documents and Settings\cab2921\Desktop\G144294C99 1206.mht 4/21/2010 G144294C99 1206 Page 3 of 7 such additional insured e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured f. Owners/Other Interests— Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions This insurance does not apply to (1) Any"occurrence"which takes place after you cease to lease that land, or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured g. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability as co-owner of such premises h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends With respect to the insurance afforded these additional insureds, the following additional exclusions apply This insurance does not apply: (1) To any"occurrence"which takes place after the equipment lease expires;or (2) To "bodily injury," "property damage," or "personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs b, through h. above does not apply to "bodily injury" or "property damage" included within the "products-completed operations hazard." As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following 4. Other Insurance b. Excess Insurance This insurance is excess over. Any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or agreement specifically requires that this insurance be either primary or primary and noncontributing Where required by written contract or agreement, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance 3. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3.a. of Section II—Who Is An Insured is deleted and replaced by the following Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this policy's effective date after you acquire or form the organization, whichever is earlier 4. JOINT VENTURES /PARTNERSHIP / LIMITED LIABILITY COMPANY COVERAGE A. The following is added to Section II—Who Is An Insured: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company This coverage does not apply a. Prior to the termination date of any joint venture, partnership or limited liability company, or mhtml:fi]e://CADocuments and Settings\cab2921\Desktop\G144294C99 1206.mlit 4/21/2010 G 144294C99 1206 Page 4 of 7 b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. B. The last paragraph of Section II—Who Is An Insured is deleted and replaced by the following: Except as provided in 4.above, no person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations 5. PARTNERSHIP OR JOINT VENTURES Paragraph i.b. of Section II—Who Is An Insured is deleted and replaced by the following: b. A partnership (including a limited liability partnership) or joint venture, you are an insured Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business 6. EMPLOYEES AS INSUREDS—HEALTH CARE SERVICES For other than a physician, paragraph 2.a.(1)(d) of Section II — Who Is An Insured does not apply with respect to professional health care services provided in the course of employment by you 7. PROPERTY DAMAGE—PATTERNS, MOLDS AND DIES Paragraphs (3) and (4) of Exclusion j. Damage to Property of SECTION I — EXCLUSIONS do not apply to patterns, molds or dies in the care, custody or control of the insured if the patterns, molds or dies are not being used to perform operations at the time of loss A limit of insurance of$25,000 per policy period applies to PROPERTY DAMAGE — PATTERNS, MOLDS AND DIES and is included within the General Aggregate Limit as described in SECTION III—LIMITS OF INSURANCE The insurance afforded by this provision 7. is excess over any valid and collectible property insurance (including any deductible)available to the insured, and the Other Insurance Condition is changed accordingly 8. BODILY INJURY Section V—Definitions, the definition of"bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease 9. EXPANDED PERSONAL AND ADVERTISING INJURY A. The following is added to Section V—Definitions, the definition of"personal and advertising injury" In. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is (1) Not done intentionally by or at the direction of- (a) The insured, or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured, and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Exclusions of Section I — Coverage B — Personal and Advertising Injury Liability is amended to include the following p. Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured q. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination C. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply to discrimination or humiliation committed in the states of New York or Ohio Also, EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE does not apply to policies issued in the states of New York or Ohio D. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply if Section I — Coverage B — Personal And Advertising Injury Liability is excluded either by the provisions of the Coverage Part or by endorsement. 10. MEDICAL PAYMENTS mhtmI:file://CADocuments and Settings\cab292 I\Desktop\G I 44294C99 1206.mht 4/21/2010 G144294C99 1206 Page 5 of 7 A. Paragraph 7. Medical Expense Limit, of Section III — Limits of Insurance is deleted and replaced by the following. 7. Subject to S. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under Section —1—Coverage C for all medical expenses because of"bodily injury"sustained by any one person The Medical Expense Limit is the greater of, (1) $15,000, or (2) The amount shown in the Declarations for Medical Expense Limit. B. This provision 10. (Medical Payments) does not apply if Section I — Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement C. Paragraph 1 a.(3)(2) of Section I—Coverage C— Medical Payments, is replaced by the following- The expenses are incurred and reported to us within three years of the date of the accident, and 11. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments —Coverages A and B, Paragraph 1.b., the limit of$250 shown for the cost of bail bonds is replaced by$2,500 B. In Paragraph 1.d., the limit of$250 shown for daily loss of earnings is replaced by$1,000. 12. PROPERTY DAMAGE—ELEVATORS With respect to Exclusions of Section I — Coverage A, paragraphs (3), (4) and (6) of Exclusion j. and Exclusion k.do not apply to the use of elevators The insurance afforded by this provision 12. is excess over any valid and collectible property insurance (including any deductible)available to the insured, and the Other Insurance Condition is changed accordingly 13. LEGAL LIABILITY—DAMAGE TO PREMISES A. Under Section I — Coverage A — Bodily Injury and Property Damage 2. Exclusions, Exclusion j. is replaced by the following "Property damage"to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises, (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured, (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage"arises out of those operations, or (6) That particular part of any property that must be restored, repaired or replaced because "your work"was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems) to premises including the contents of such premises, rented to you for a period of 7 or fewer consecutive days A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III —Limits Of Insurance. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard " B Under Section I — Coverage A — Bodily Injury and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with mhtml.file://CADocuments and Settingslcab29211Desktop1G144294C99 1206 mht 4/21/2010 G144294C99 1206 Page 6 of 7 permission of the owner A separate limit of insurance applies to this coverage as described in Section III—Limits Of Insurance. C. Paragraph 6. Damage To Premises Rented To You Limit of Section III — Limits Of Insurance is replaced by the following 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of 'property damage" to any one premises while rented to you or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with the permission of the owner The Damage To Premises Rented To You Limit is the greater of a. $500,000, or b. The Damage To Premises Rented To You Limit shown in the Declarations. D. Paragraph 4.b.(1)(b) of Section IV—Commercial General Liability Conditions is deleted and replaced by the following (b) That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner, or E. This provision 13. (LEGAL LIABILITY — DAMAGE TO PREMISES) does not apply if Damage To Premises Rented To You Liability under Section I — Coverage A is excluded either by the provisions of the Coverage Part or by endorsement 14. NON-OWNED WATERCRAFT Under Section I — Coverage A— Bodily Injury and Property Damage, Exclusion 2.9., subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long, and (b) Not being used to carry persons or property for a charge. 15. NON-OWNED AIRCRAFT Exclusion 2.g. of Section I — Coverage A — Bodily Injury and Property Damage, does not apply to an aircraft you do not own, provided that 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot, 2. It is rented with a trained, paid crew, and 3. It does not transport persons or cargo for a charge 16. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an 'occurrence," offense, claim, or "suit' only when the'occurrence," offense, claim or"suit' is known to . (1) You, if you are an individual, (2) A partner, if you are a partnership, (3) An executive officer or the employee designated by you to give such notice, if you are a corporation, or (4) A manager, if you are a limited liability company 17. NOTICE OF OCCURRENCE The following is added to paragraph 2. of Section IV— Commercial General Liability Conditions — Duties in The Event of Occurrence, Offense Claim or Suit- Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an 'occurrence," offense, claim or "suit' and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part However, you shall give written notice of this "occurrence," offense, claim or "suit' to us as soon as you are aware that this insurance may apply to such "occurrence,"offense claim or"suit " 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure mhtml:file://CADocuments and Settings\cab29211Desktop1G144294C99 1206.mht 4/21/2010 G144294C99 1206 Page 7 of 7 19. EXPECTED OR INTENDED INJURY Exclusion a. of Section 1 —Coverage A— Bodily Injury and Property Damage Liability is replaced by the following a. "Bodily injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' or "property damage" resulting from the use of reasonable force to protect persons or property 20. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage provided under this endorsement without an additional premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your state mtitaiHIeWC.\Documents and Settings\cab2921\Desktop\G144294C99 1206.mht 4/21/2010 a 3 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: "All Projects"of the Named Insured (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally subject to the General Aggregate Limit shown in obligated to pay as damages caused by"occurrences" the Declarations, such limits will be subject to the under COVERAGE A(SECTION I), and for all medical applicable Designated Construction Project expenses caused by accidents under COVERAGE C General Aggregate Limit. (SECTION I), which can be attributed only to ongoing B. For all sums which the insured becomes legally operations at a single designated construction project obligated to pay as damages caused by"occurrences" shown in the Schedule above: under COVERAGE A(SECTION 1), and for all medical 1. A separate Designated Construction Project Gen- expenses caused by accidents under COVERAGE C oral Aggregate Limit applies to each designated (SECTION 1), which cannot be attributed only to construction project, and that limit is equal to the ongoing operations at a single designated construction amount of the General Aggregate Limit shown In project shown in the Schedule above: the Declarations. 1. Any payments made under COVERAGE A for 2. The Designated Construction Project General damages or under COVERAGE C for medical Aggregate Limit is the most we will pay for the sum expenses shall reduce the amount available under T of all damages under COVERAGE A, except the General Aggregate Limit or the damages because of "bodily Injury" or "property Products-Completed Operations Aggregate Limit, damage" included in the 'products-completed whichever is applicable,and operations hazard", and for medical expenses 2. Such payments shall not reduce any Designated under COVERAGE C regardless of the number of. Construction Project General Aggregate Limit. a. Insureds; C. When coverage for liability arising out of the b. Claims made or"suits"brought;or "products-completed operations hazard" is provided, any payments for damages because of `bodily injury° c. Persons or organizations making claims or or "property damage" included in the bringing"suits". "products-completed operations hazard"will reduce the 3. Any payments made under COVERAGE A for Products-Completed Operations Aggregate Limit, and damages or under COVERAGE C for medical not reduce the General Aggregate Limit nor the =' expenses shall reduce the Designated Designated Construction Project General Aggregate Construction Project General Aggregate Limit for Limit. that designated construction project, Such D. If the applicable designated construction project has payments shall not reduce the General Aggregate been abandoned, delayed, or abandoned and then Limit shown in the Declarations nor shall they restarted, or if the authorized contracting parties reduce any other Designated Construction Project deviate from plans, blueprints, designs, specifications General Aggregate Limit for any other designated or timetables, the project will still be deemed to be the construction project shown in the Schedule above same construction project 4. The limits shown in the Declarations for Each E. The provisions of Limits Of Insurance (SECTION 111) Occurrence, Fire Damage and Medical Expense not otherwise modified by this endorsement shall continue to apply. However, instead of being continue to apply as stipulated. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 REQUEST FOR MAYOR'S SIGNATURE �� KENT Please Fill In All Applicable Boxes i d by Director Originator's Name: Matt Knox Dept/Div. Engineering/Envlr mental Extension: 5551 Date Sent: Date Required: Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/14 VENDOR: Technical Systems, Inc. DATE OF COUNCIL APPROVAL: N/A ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - If applicable Brief Explanation of Document: The attached Change Order No. 2 with Technical Systems, Inc. is necessary to extend the time of completion to December 31, 2014 so the Contractor can rebuild the GRNRA datalogger and telemetry system to regain the lost functionality. Antecedent contracts (to repair sensor mountings and housing) have not yet been completed, but will be in the near future. This has caused a delay for Technical Systems, Inc. All Contracts Must Be Routed Through The Law Department Iff!.a (This area to be completed by the Law Department) Received: JUN 26 Z013 RECEIVED Approval�LNIF ILOW DEPT - JUN 27 2013 Law Dept. Comments: City of Kent office of the Mayor Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: RECEIAE® Disposition: G0�//a-jr.�nGd fiy //YU,J�/o/�� � JUN 2 6 Date Returned: CITY OF KENT CITY CLERK