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HomeMy WebLinkAboutPK13-200 - Original - RFI Communications & Security Systems - Upgrade Honeywell PW-6000 Access Panels - 10/16/2013 Records 'age erg ; 1 ��NT Document WnSHIv'.TOY 4 -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 questFons, please contact City Clerk's Office, Vendor Name: RFI Communications Vendor Number: JD Edv,,Drds Number Contract Number: -I his, is assigned by City Cler';`s 't a Fic jy:„t Name. Upgrad-_HonEvwell �,W-600f, F cEss :, n 's PD, 5lIj s, CH 13r,nexi - L.asF r Insion: ❑.Interlo_�i .'1�;�e�rri�.rt C �:"`1r ,e �,;1R, ❑ Arnendmc-,�t nt.-apt L] Other: Contract Effective Date. .1.0/14/13 Termination Date: 12/13/13 Contract Renewal Notice (Days): Numbe!, of days required notice `o:- termini tion or renewal or amendment Contract Manager: Nancy Cy .•lary _ Department: Facilities Management Detail: (Le. address, location parcel number, tax id, etc.): S:Pu td l.c\RecordsMa nape meat\Forms\ContrartCovc r\a dcc7832 1 1.1./08 ' r NT PUBLIC WORKS AGREEMENT between City of Kent and RFI Communications & Security Systems I THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and RFI Communications & Security Systems organized under the laws of the State of Washington, located and doing business at 19717 62"d Avenue South, Suite F103, Kent, WA 98032, Ryan Schreiner, (253) 981-6100 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: RFI Communications & Security Systems to provide and install new Honeywell PW- 6000 Access Panels at City of Kent Police Department, City Hall Annex, and Public Works Operations Shops, in accordance with Quotation #ALLQ23390, which is attached as Exhibit A. These replacements will upgrade the access panels at the locations listed and will bring them in line with other City faclilites. This upgrade is funded out of the Public Buildings Major Maintenance Fund. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, the Contractor shall complete the work described in Section I within 60 Days. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $32,936.01, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08 PUBLIC WORKS AGREEMENT - 1 (Over$1OK, under$35K, and No Performance Bond) RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the owner retain the final fifty percent (50%) of the Contract amount for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from 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 Agreement; and extra work and materials furnished without the City's written approval. If 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 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. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED, IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C, The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that . furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PUBLIC WORKS AGREEMENT - 2 (Over$101<, under$35K, and No Performance Bond) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses ,and earnings of its business. V. TERMINATION. The City may terminate this Agreement 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 Agreement. 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. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. 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. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES, The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the 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 PUBLIC WORKS AGREEMENT - 3 (Over$1OK, under$35K, and No Performance Bond) with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, 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 in subsections A through E of Section VIII, Claims, below. 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 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. VIII. CLAIMS, 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 may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and .time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest, The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an PUBLIC WORKS AGREEMENT _4 (Over$IOK, under$35K, and No Performance Bond) invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the 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, 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). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. l�pa� z�eeepta� e u ;, rt�et�ydork;Cirrae -pr©rold� the e1ty a °Ite yea -�-{�eiad fiA a fOr� •t-aceebFe to tl�� C-i The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work, In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When- The Contractor shall begin o correct any defects within seven (7) calendar days of its receipt of notice from the City of the pJ defect. If the Contractor does not accomplish the corrections within a reasonable time as `'determined by the City, the City may complete the corrections and the Contractor shall pay all l costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2,, and upon completion of the contract work, file the attached Compliance Statement, XII. INDEMNIFICATION. 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 Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. PUBLIC WORKS AGREEMENT - 5 (Over$1OK, under$35K, and No Performance Bond) The City's inspection or acceptance of any of 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 Agreement 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 THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expeft witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR`S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and 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. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product, B, Non-Waiver of Breach.. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by PUBLIC WORKS AGREEMENT - 6 (Over$10K, under$35K, and No Performance Bond) filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement, D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification, No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this. Agreement. All of the above documents are hereby made'a'part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with arTy language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. j PUBLIC WORKS AGREEMENT - 7 (Over$10K, under$35K, and No Performance Bond) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTG�R: CITY OF KENT: By: By, r- s��J raa 1I9 fen caa / (signature) Print Nal�h�e: gs aex /Print me Suzette Cooke Its Ili Mayor ° (title) " DATE: .__b..-•. 9 s 3 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: j Ryan Schreiner Alex Ackley, Parks Facilities Superintendent RFI Communications & Security Systems City of Kent 19717 62,d Avenue South, Suite F103 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 (253) 981-6100 (telephone) (253) 856-5081 (telephone) (253) 981-9996 (facsimile) (253) 856-6080 (facsimile) APPRO1 ED AS T9 FORM Kent Law Department RFLM agreement-Wer 10k.d. PUBLIC WORKS AGREEMENT - 8 (Over$10K, under$35K, and No Performance Bond) filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement, D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assl nq ment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. PUBLIC WORKS AGREEMENT - 7 (Over$1OK, under$35K, and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. j If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2, During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. Durin.g the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this, � a' of September 20 13 ' °� Y ,;.. iln BY a ++,, t For: d FI C� munications and Security Systems ' Sr3.d` J. Wilson CPP President Title.;.-d- 9/5/13 Date: EEO COMPLIANCE DOCUMENTS - 1 CIT`f OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. . Ensuring that contractors, subcontractors, consultants,. and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy, 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF (CENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. i i Dated this day of 20 . i By: -- For: Title: Date; EEO COMPLIANCE DOCUMENTS - 3 EXHIBITA security CommiLmications & Security Systems (253) 987-6100 OF, Js 99717 62nd Avenue South, Suite F103 ,Kent, WA 98032 VVA Contractor's License RFICOS*990MC July 12, 2013 Alex Ackley-Facilities Superintendent Parks, Recreation and Community Services City of Kent 400 West Gowe Kent,WA 98032 Subject: City of Kent - Police Bldg, Access Control System upgrade I Reference: RFI Proposal No. 32-86-D1151 Rev.1 Dear Alex Ackley: RFI Communications & Security Systems (RFI) is pleased to have the opportunity to submit our quote on this project for your review and consideration. We have included the scope of work, schedule of values, pricing summary, and section covering payment terms and conditions. Our proposal is representative of the necessary skills and future responsibilities to effectively serve you with the highest regard to quality in products and Installation workmanship. SCOPE OF WORK Base Bid—Police Bldg Police Bldg. Head-end—(10 Card Readers) • RFI will provide and install(1) ea. Honeywell PW-6000 Intelligent Controller w/Honeywell 4amp Power Supply and (1) High Density Enclosure. o The controller will replace the existing Access Control System in the Police Station MDF room. • RFI will provide and Install (2) ea. Altronix 8 output access power controller modules wither -al breakers on existing locking power supply. o The new output boards will be used to control power to the door locking hardware. RFI will provide and install (5) ea. Honeywell PW series dual reader interface boards. o The new reader interface boards will support the (10) existing card readers. Police Bldcl. Field Devices • RFI will provide and install new 22AWG6C cabling for the (2) exterior gates to replace the old reader cabling. o The cabling will-be installed from the reader location to just inside the,building where the coax to RS-485 converters are located. • RFI will provide and install(2) ea. Honeywell Digi-readers for the two,exterior gates. • RFI will provide and install 1/2"Weather tight EMT and back boxes to relocate the (2) exterior gate readers off the doorframe onto the concrete columns. • RFI will provide programming &configuration, testing &commissioning required for full operation of an access control system. Base Bid Total (Excluding tax)...................................................................................................:...:....................$11,197.00 City of Kent-Police Blk#Access Control System upgrade RFI Proposal 4 32-BB-Di 151 Ray.1 Dale July 12,2013 Page 2 of 5 Alternate 41 Bid—Annex Bldg. Annex Bldg Head-end —(2 Card Readers) • RFI will provide and install (1) ea. Honeywell PW-6000 Intelligent Controller wi Honeywell 4amp Power Supply and (1) High Density Enclosure. o The controller will replace the existing Access Control System in the Annex Bldg. electrical room. i • The existing Altronix Locking Power Supply will be re-used. • RFI will provide and install (1) ea. Honeywell PW series dual reader interface board. c The new reader interface boards will support the (2) existing card readers. o RFI will provide and electrician to make the 120VAC connection'to the new panel. Total Alternate#1 (Excluding tax)............................................ ..............................................................................$5,346.12 Alternate#2 Bid—Public Works Bldg. Public Works Bldg. Head-end—(20 Card Readers) RFI will provide and install (1) ea. Honeywell PW-6000 Intelligent Controller w/Honeywell 4amp Power Supply and (2) High Density Enclosures. o The controller will replace the existing Access Control System in the mezzanine above public works warehouse. RFI will provide and install (1) ea. Altronix 6 output access power controller modules w/thermal breakers on existing locking power supply. o The new output boards will be used to control power to the door locking hardware. RFI will provide and install (10) ea. Honeywell PW series dual reader interface boards. o The new reader interface boards will support the (20) existing card readers. o RFI will provide and electrician to make the 120VAC connections to the new panels. i Total Alternate#2 (Excluding tax).......................................................................................................................$13,535A3 PAYMENT Upon Contract Award, lump sum or fixed price contracts will be billed 20% of the total contract price for engineering and mobilization. Projects exceeding one calendar month will be billed for work completed during each month (progressive billing). Progressive Billing will include invoicing for engineering, labor, and/or programming prior to on-site Installation and material stored at RFI. Payment Is due 30 days from the date of invoice, Customer agrees to pay each invoice when due. In addition to all other fights and remedies available, RFI shall have the option to withhold any further shipments of material and/or the provision of any service, including but not limited to Technical Assistance, until Customer's account is paid in full. Further, in the event payment is not received according to terms, RFI may at its discretion, assess interest at the maximum rate allowed by law, Customer also agrees to pay reasonable attorney's fees or agency commissions sustained by RFI in pursuit of payment. Any alteration or deviation from the above specifications involving extra cost will be made only upon written agreement and will become an extra charge over and above.the estimate. All prices are valid for thirty(30) days. - TERMS All prices are valid for thirty (30) days. If for any reason of unrest or any other reason RFI is of the opinion that performance under this offer may Jeopardize the safety of'ts employees or agents, or cause unreasonable harm, RFI may withdraw this offer without penalty, This offer is contingent on satisfactory review of credit application and references. RFI reserves the right to deny, revoke or modify any credit at its sole discretion. City of Kent-Police DIdg.Access Control System upgrade RFI Proposal#32-86-D1151 Rev.1 Date July 12,2013 Page 3 of 5 CLARIFICATIONS 1. This proposal document and any files attached or transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed. This message contains confidential Information and Is Intended only for the individual named.The individual or entity shall not use the information content in this document in order to solicit, promote or otherwise commercialize any services such as request for bids, request for proposals, and/or consulting services that has not been expressly approved in writing by RFI in advance. I i 2. All work shall be performed during normal business hours (7:00 am to 4:00 pm) and normal working conditions. 3. RFI shall provide qualified supervisory labor at the job site. Idle time incurred by RFI employees due to absence of required escorts, clearances,inability to enter the workspace, or other factors beyond our control, shall be considered a change to the contract. 4. Customer shall provide access to all areas, including escorted areas such as computer, telephone, equipment and fabrication rooms. 5. RFI assumes no responsibility for any items supplied by others. All devices and existing equipment is assumed to be operational, if for any reason, RFI has to service any existing or owner supplied equipment, it shall be done on a time and material basis and is not included in this scope of work. 6. All existing field devices and cabling (i.e. card readers, locks,coax to RS-485 converters)will be reutilized. 7. RFI assumes the existing Access Control software is ProWatch Version 3.81 or later. EXCLUSIONS • Cutting, patching, painting • Handling of hazardous materials • Hidden conditions • Overtime and/or shift premium • All conduit, trenching, and/or cares • Warranty on existing parts and parts provided and Installed by others • Replacement of existing parts found defective and/or not functionally working • Software/Reader Licenses (Existing) I City of Kent-Police Bldg,Access Control System upgrade RFI Proposal#32-86•D1151 Rev.1 Pale July 12,2013 Page 5 of 5 Exhibit A TERMS AND CONDITIONS RFI shall provide a certificate of insurance, naming Contractor/Customer and Owner as additional insured with the following limits: General Liability $1,000,000 each occurrence $2,000,000 general aggregate • Automobile $1,000,000 combined single limit ! . Excess Liability $5.000.000 each occurrence,aggregate Workers Comp Statutory limits All insurance coverage shall be in the amounts stated above and remain in effect for the duration of the project. RFI's insurance shall be provided by carriers who have an AM. Best's Rating of B+ or better. Certificates shall contain a cancellation clause giving Contractor/Customer thirty(30)days written notice prior to termination, cancellation or reduction of any of the above listed insurance coverage. If any additional limits of liability are required, Contractor/Customer shall accept all payment obligations arising out of or in any way resulting from the implementation of higher limits of liability. Should Payment and Performance Bonds he required, Contractor/Customer shall accept all payment obligations arising cut of or In any way resulting from execution of bond, It is understood and agreed that RFI shall not be held liable for any loss, damage or delays occasioned by fire, strikes or material stolen after delivery to premises, lockouts, acts of God, or the public enemy, accidents, boycotts, material shortages, disturbed labor conditions, delayed delivery of materials from suppliers,force majeure, inclement weather, floods, freight embargos, causes Incident to national emergencies,war, or other causes beyond our control. RFI shall indemnify, defend, and hold harmless Customer and Its directors, officers and employees from and against any and all claims made or threatened by any third party and all related losses, expenses, damages, costs and liabilities, including reasonable attorneys' fees and expenses incurred In Investigation or defense("Damages"), to the extent such Damages arise out of or relate to the'allowing: (a)any negligent not or omission or willful misconduct by RFI, its employees or any subcontractor engaged by RFI in the performance of BFI's obligations under this Agreement;or(b)any breach in a representation,covenant or obligation of RFI contained in this Agreement. In the event the Customer cancels any order resulting from this proposal, he shall be liable to RFI for an amount up to twenty (20)percent of the value of the order. This amount shall be construed as LIQUIDATED DAMAGES representing an approximation of all administrative, engineering, and other costs incurred by RFI in reliance upon the order; not as a penalty. RFI's rights under this clause shall be in addition to all other rights and remedies available to it in law or equity, and shall not be construed as to limit RFI's damages in any way recoverable as a result of Customer's breach, The validity, interpretation, and performance of this Agreement will be controlled by and construed exclusively under the laws of the State of California, the state in which this Agreement's being executed,excluding its conflict of law provisions. All claims, disputes and other matters In question shall be decided in Santa Clara County, Superior Court. The parties hereby stipulate that jurisdiction and venue for any such dispute i is proper in Santa Clara County Superior Court. In any dispute between Customer and RFI, the prevailing party shall be awarded its reasonable attorney fees and other expenses including but not limited to expert witness fees. [AccaPl.anolpfof Proposal PO#: abveces,speci5cations andnditions are satisfactory and are herebyPO#The above proposal#32.86-D1151 ReV.1 submitted by: cepted. _RFI Communications & Security Systems Customer: City of Kent July 12,2013 _ Authorized Signature Date Authezed Signature Date Ryan Schreiner Account Executive Print Name Title Pdnf Name Title Proposal Terms-Exhibit A-Non-U(02112) City of Kent-Police Bldg.Access Control System upgrade RFI Proposal#32-86-D1151 Rev.1 Dale July 12,2013 Page 4 of 5 WARRANTY All equipment installed shall be warranted for one(1) year from the date of completion. All labor shall be warranted for ninety(90) days from the date of completion. This does not Include ordinary wear and tear and/or unusual abuse or neglect. Warranty is contingent upon the proper use and maintenance of the equipment and/or any cabling system provided or installed by RFI. All repairs or adjustments that are or may become necessary under the warranty provisions shall be performed only by an authorized representative of RFI. Any repairs, adjustments, or interconnections performed by Customer or at the Customer's request by anyone other than an authorized representative of RFI shall VOID ALL WARRANTIES contained herein. I If applicable, RFI will Install the Claris360TM" remote system management agent onto your system at no additional charge for a period of 90 days from the date of installation. The Claris360TM agent will allow us to evaluate the overall performance of your equipment, provide recommended Windows OS patches and provide remote suppor-Urecommendation as necessary, Note: To take advantage of the Claris36074 agent,we will require an.additional outbound network connection. Thank you for the opportunity to submit this proposal. We look forward to building a trusted, long term business relationship. If you have any questions regarding this proposal or any other matter, please feel free to contact me directly at(253) 931.0038 via fax at(253) 931-9996 or via email at rschreiner(c)rfi.com Attached are the Terms and Conditions identified as Exhibit A for the proposal stated above. if you accept the foregoing proposal and agree to the Exhibit A Terms and Conditions, please sign below and the space provided on Exhibit A. The Customer may not assign this agreement to another party without the prior written consent of RFI Communications & Security Systems. Acceptance of Proposal PO#: The above prices,specifications and conditions are satisfactory and are hereby PO'}'1 The above proposal#32-86-D1151 Rev.1 submitted by: accepted. RFI Communications &Security Systems Customer: City of Kent July 12 2013 Authorized Signature Date Authorized Signature Date Ryan Schreiner Account Executive Print Name Title Print Name Title Proposal(03110) EXHIBIT S INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, j insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability Insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit, 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. EXHIBIT (Continued) C. Other Insurance Provisions The insurance policies are to contain, or he endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the.City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The. Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City, 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit Is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as Insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same.insurance requirements as stated herein for the Contractor. I p ATE CERTIFICATE OF LIABILITY INSURANCED09/25/201IDD,Y3 09/25 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must 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 LIC 40726293 1-408-573-9300 CONTACT NAME Arthur J- Gallagher & Co.. PHONE - - - FAX Insurance Brokers of California, Inc. AIc.No E#: AlC No: One Almaden 3oulevard E-MAIL ADDRESS: Suite 4960 San Jose, CA 95113 INSURERS)AFFORDING COVERAGE NAIL INSURERA: Travelers Indemnity Company of CT 25682 INSURED INSURERS: Travelers Property Casualty Co. of '25674 R F I Enterprises, Inc. dba R P I Communications and Security Systems INSURER c: 360 Turtle Creek Court INSURER D: San Jose, CA 95125 INSURER E: INSURER F: _ COVERAGES CERTIFICATE NUMBER: 35902406 REVISION NUMBER: 35750867 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. INSft rypE OF INSURANCE ADDLSUBR POUCYEFF POLICY EXP LTR MM DDIYYVY LIMITS A GENERAL LIABILITY x CO-5643B753-TCT-13 07/01/1 0?/0YYYV 07/01/14 EACH OCCURRENCE '' $ 1,000,000 R DAMAGETO RENTED 300 000 COMMERCIAL GENERAL LIABIU rY PRENJSES 1,E, ccJnencaj 5 , CLAIMS-MACE X .00CUR MED ESP(Anv one person; $ 5,000 X Contractual L13b Incl. pERSONALBADV INJURY $ 11000,000 GENERALAGGREGATE it 2,000,000 C-cN'LAGGRSGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPACG $ 2,000,000 X PRO- _..___.... POLICY JECT- 'LOT, 'S F+ AUTOMOBILE LIABILITY X CA0-56433765-TCT-0.3 07 Oi 13 07 01714 COMBINED GL LIM111r _ 'Ea acddan-` S 1,000,000 % ANY AUTO BODILY INJURY(Perperson) 5 AL OWNED SCHEDULED BODILY INJURY(?eraccident).$ 'AUT08 AJTOS R X NON-OWNED PROPERTY DAMAGE $ - HIRED AUTOS AJTOS PeracGc'enB Comp Ded: Coll ➢ed: I $ B '.X UMBRELLA LIAB % OCCUR CUP-5643B789-TIL-13 07/01/13 07/01/14 EACH OCCURRENCE Ali $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE I $ 5,000,000 DED X I RETENTION$10,000 $ . B WORKERS COMPENSATION NB-5643 YIN R77-7-13 (STOP GA ) 07/01/13 07/01/14 X TORY L6I TS GIR AND EMPLOYERS'LIABILITY Al"PRCPRIETGRIPAR-NFSEX_T2TTIVE❑ NIA E L.FACH ACCIDENT $ 1,000,a Ca OFFICEWMEMSFR EXCLUDED'1 N (Mandatory In NH) E1.DISEASE-EA EMPLOYEE $ 1,000,C 00 1'yes,describe antler I1,000,000 DESCRIPTION OF OPERATIONS aslow E.L.DISEASE-POLICY LIMIT $ 3 Leased/Rented Equipment QT-660-7901B938-TIL-13 07/01/13 07/01/14 Limit 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101.Additional Remarks Schedule,if more space is required) RE: EYE 432-86-D115 All operations & locations of nashington usual to the Named Insured where required by written contract. Additional Insured: City of Kent CERTIFICATE HOLDER CANCELLATION SEE #32-86-D7151 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave. South AUTHORIZED REPRESENTATIVE Kent, WA 98032 Usk ©1988-2010 ACORD CORPORATION. All rights reserved, ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD slweis 35902406 DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 09/25/2013 NAME OF INSURED: R F 2 enterprises, Inc. dba R F I Ccrosunioations and Security Systems Additional Description of Operations/Remarks from Page 1: Add itiona I I nfonatlon: Forms Incldued Where Required by Written Contract: General Liability - Policy #CO-5643B753-TCT-13: Additional Insured per attached form CGD2460805 Insurance is Primary per attached form CG02460805 Commercial Auto - Policy 4CAP-5G43J1765-TCT-l3: Additional Insured per attached form CAT3530212 Umbrella Liability - Poilcy #CUP-56438789-TIL-13: Coverage follows form of .the General..Liability, Commercial Auto Employers Liability Certificate Holder is included as additional Insured SUPP(05104) —�� P0u,zcZ NUMPEP: c ;-554'B753-T2T-1s COMMERCIAL GENERAL LIABILITY THE y F_NDORSEIIA—ENT CHANGES THE POLICY. PLEASE READ IT ^,AkEF'JLLY BLANKETI TI AL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that youcured does not apply to "bodily -injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage" or"personal injury"; and to provide such coverage for that additional insured; and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury"ry" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "writtencontract requiring -insur- requiring insurance applies. The person or ante" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such ,person or o,ganizaticn. 3. The. insurance provided to the additional_insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis. that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring-insurance', the in- "wri.tten coniract,requiring_insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III — Limits Of Insurance. for such loss, and we will not share with that "other insurance". But the insurance provided to b) The insurance provided to the additional in- the additional insured by this endorsement still is e ,sure does or s not apply to "bodily injury" "prop- excess over any valid and collectible "other in- arty damage" "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tlgnal insured when that person or organization is veying services, including: an additional insured under such "other insur- L The preparing, approving, or failing to ante". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured- must-give us us written prove, drawings and specifications; and notice as soon as practicable of an "occur- rence" or an offense which may resuit in a ii. Supervisory, inspection, architectural or claim. To the extent possible, such notice engineering activities, should include: CG D2 46 08 05 e 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY L How, when and where the "occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured far a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and.location of any injury or this, endorsement is pr4mary to, 'other, insur- damage arising out of the "occurrence' or ante" available to the additional insured offerise. which covers that person or organization as a b) If a claim is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. 1. Immediately record the specifics of the —DEFINITIONS: claim or"suit'and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a person or organization as an additional in- receive written notice of the claim or"suit° as sured on this Coverage Part, provided that soon as rten notice p the "bodily injury" and "property damage" (Dc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agrearnent by you; the claim or defense against the "suit", and` otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit" to c.- Before the end of the policy.period. Page 2 of 2 C 2005 The St. Paul Travelers Companies, Inc. CG D2 46 03 05 - POL_CY NUMBER: CA=- -S'i?B�'r`� "T^T ... ` COMMERCIAL AUTO 1e1,MED. INS-JRED . RFI En7erprises, Inc . THISENDJRSENIE:.N H CHANGES THE Frtls_ CY.� � PL SE R"EAD IT CAREFULLY. BUSMESS AUTO This endorsement modifies insurance provided under the fallowing: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsemem and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H, HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE- INCREASED LIMIT S. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES-INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS -INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO - LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE-INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE- GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An Insured, of SECTION 11 - LIABILITY COV- during the policy period, to be named as an addi- ERAGE: tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganizaticn qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage. II Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- C. EMPLOYEE HIRED AUTO ganization or the end of the policy period, which- 1. The following is added to Paragraph AA., ever is earlier. Who Is An Insured, of SECTION 11 - LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who is An Insured, cf.SECTION II - LIABILITY. operating an "auto' hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 02 12 12010 The Travelers Indemnity Ccmpany Page 1 of 4 Includes copyrighted material of Insurance Services 0—ice.Inc.with its permission. COiAPAERCIA.L AUTO 2. The following replaces Paragraph b. in B.S., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUS]- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: - lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- .auto" you lease, hire, rent or borrow from ered"autos"you own: any of your "employees", partners (if you are a partnership), members (if you are a limited ('I) Any covered "auto" you lease, hire; liability company) or members of their house- ent or borrow; and holds. (2) Any covered "auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission,while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. However, any "auto" that is leased, hired, (i) You must arrange to defend the "et- - rented or borrowed with a driver is not a sured" against, and investigate or set . tle any such claim or "suit" and keep covered "auto". us advised of all proceedings and so- D. EMPLOYEES AS INSURED ticns. The following is added to Paragraph A.9., Who Is (ii) Neither you nor any other involved An insured, of SECTION II — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any "employee" of yours is an "insured" while us- (111) We may, at our discretion, participate ing a covered "auto" you don't own, hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or E.-. SUPPLEMENTARY PAYMENTS — INCREASED "'suit". LIMITS (iv) We will reimburse the "insured" for ?. The:following. replaces Paragraph A.2.a.(2), sums that the ':insured" legally must pay as damages because of "bodily of SECTION II— LIABILITY COVERAGE: injury" or "property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured"-pays with out, consent; but tions) required because of an "accident" only up to the limit described in Para- we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC- these bonds. TION II—LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION 11-LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to. and included within the limit described in Para=- F. HIRED AUTO — LIMITED WORLDWIDE COV- graph C., Limit Of Insurance, of ERAGE—INDEMNITY BASIS SECTION it — LIABILITY COVER- The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such 'payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable limit of insurance in pay- (5) Anywhere in-the world, except any country or meets-for damages, settlements or- jurisdiction while any trade sancticn, . em- defense expenses. bargo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 52010 The Travelers Indemnity Company CA T3 53 02 12 Includes copyrighted material of Insurance Services Office, inc.with its permission. COMMERCIAL AUTO to the "insured" ,vhether pr,mary, excess J. PERSONAL EFFECTS contingent or on any other basis. The oCowing is added to Paragraph A.4., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION HI — PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country outside the United States, is ter- Personal Effects ritories and possessions, Puerto Rico and Canada. We will pay up to $400 fer "loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory insurance in any such coun- (1) Owned by an "insured" and try up to the minimum limits required by (2) In or on your covered "auto", local law. Your failure to comply with compulsory insurance requirements will This coverage applies only in the event of a Total not invalidate the coverage afforded by theft of your covered "auto". this policy, but we wil only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exclu- (d) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United .States of America, its territories and possessions, Puerto Rica and Can- Exclusion 3.a. does not apply to "loss" to one or ada. We assume no responsibility far the more airbags in a covered "auto" you own that in- furnishing of certificates of insurance, or flats due to a cause other than acause of "lass" for compliance in any way with the laws set forth in Paragraphs A.1.b. and A.1.c., but of other countries relating to insurance. only: G. WAIVER OF DEDUCTIBLE—"GLASS a. If that "auto" is a covered "auto" for Compre- hensive Coverage underthis policy; The following is added to Paragraph C., b. The airbags are not covered under any war- COVERAGE. De- ductible, of SECTION III =PHYSICAL DAMAGE GE t• and ' rany, No deductible for a covered "auto" will apply to c. The airbags were net intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced. one"loss'. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE — INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of graph AA.b., Loss Of Use Expenses, of SEC- SECTION IV— BUSINESS AUTO CONDITIONS: TION III— PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident" or "loss" so- for loss of use is $65 per day, to a maximum of plies only when the "accident" or "loss" is known $750 for any one "accident'. to: I. PHYSICAL DAMAGE — TRANSPORTATION (a) You (if you are an individual); EXPENSES—INCREASED LIMIT (b) A partner (if you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability com- graph A.4.a., Transportation Expenses, of pany); SECTION Ill PHYSICAL DAMAGE COVERA- GE: (d) An executive officer, director or insurance manager (if you are a corporation or other or- We will pay up to $50 per-day to a maximum of ganizaticn),' or $1,500 for temporary transpor'ation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. ice of the "accident" or"loss". CA T 3 53 02 12 ©2N C The Travelers Indemnity Company Page 3 of 4 Includes ecpyrighred material of Insurance Services Office, Inc w1h i:s permission. COMIMERCIAL AU70' MI. ELAN KEi'1VAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.5., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION Iv — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con- 5. Transfer Of Rights Of Rbcove y Against ceafinent, Misrepresentation, Or Fraud, of Others To Us SECTION Iv—BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident" ever this provision does not affect our right to col- or"loss", provided that the "accident" or"loss" lect additional .premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal Page 4 of 4 02010 The Travelers Indemnity Ccmpany CA T 3 53 02 12 Includes copyrighted material of Insurance Services ice, Inc.with Its permission. E= T FOR MAYOR'S SIGNATURE T Please Fill in All Applicable Boxes i �c.ed � � 1111'cCtOi -Originator's Name. Alex Ackl2� Dept/Div Parks Facilities Extension Ora] Date Sent: Date-Required 10/11/13 - ^_ Return to Nancy Clary CONTRACT TERMINATION DATE 12/13/13 VENDOR: RFI Communications DATE OF COUNCIL APPROVAL N/A ATTACH THE COUNCIL_ MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: RFI Communications to provide and install new Honeywell PW-6000 Access Panels at City of Kent Police Department, City Hall Annex, and Public Works Operations Shops. These replacements will upgrade the access panels at the locations listed and vvill bring them in line with other City facilities. This upgrade is funded out of the Public Buildings Major Maintenance Fund. All Contracts Must Be Routed Through The Lave Department (This area to he completed by the Law Department) Received: 4 d y.rl,� 4,4 s✓ li± 1 4i f �1 Approval of Law Dept.: r ;� Law Dept, Comments: 17 1' [D7ateorwarded to Mayor: � ' t� € � � p �� }• J Shaded Areas To Be Completed By Administration Staff Received: it LJ Recommendations and Comments: -1, Disposition: Q, OF K Date Returned: