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HomeMy WebLinkAboutPW12-134 - Amendment - #3 - Washington Patrol Division - Clark Springs & Kent Springs Watershed Security Patrol - 05/27/2015 f Records M em KE NT Document WASHINGTON 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: I P �.11r1`�l Vendor Number: JD Edwards Number Contract Number: VW12-- 13H -00H This is assigned by-City Clerk's Office Project Name: LICLVY., S Vl 5 Po Description: ❑ Interlocal Agreement ❑ Change Order Ka"Amendment ❑ Contract El Other: Contract Effective Date: LI 12612 Termination Date: �'/�OJJLO Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: VW Contract Amounts Authority: Department Director �a or ❑Cit Council Approval ut y ❑ p y Y Detail: (i.e. address, location, parcel number, tax id, etc.): d - NO - adccW10877_8_14 KEN T WA SH I N GTON AMENDMENT NO, 3 NAME OF CONSULTANT OR VENDOR: Washington Patrol Division CONTRACT NAME & PROJECT NUMBER: Clark Springs & Kent Springs Security Patrol ORIGINAL AGREEMENT DATE: May 4, 2012 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends .the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work 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, the Consultant or Vendor shall: Continue to conduct security patrol visits at Clark ;Springs and Kent Springs Watersheds for an additional year under the terms and conditions of the original agreement. 2. The contract amount and time for ,performance provisions of Section II ""Time of Completion," and Section III, "Compensation," are modified as follows: Original .Contract'Su m, $309600.00 including applicable WSST Net Change by Previous Amendments $65700.00 including, applicable WSST Current Contract Amount $96300.00 including all previous amendments Current Amendment Sum $359100.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $1319400.00 AMENDMENT - 1 OF 2 0 Original Time for Completion 5130113 (insert date) Revised Time for Completion under 5/30/15 prior Amendments (insert date) Add'l Days Required {f) for this 365 calendar days Amendment Revised Time for Completion 5/30/16 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either, covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment 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 Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSUL TA T/ OR• CITY OF KENT: By: By i t ) (signature) Print N Pri t N : uzette Cooke Its 1 C Its Ma or t `) (ti le) DATE: ��✓ (/ DI` DATE: 7 APPROVED AS TO FORM: (applicable f Mayor's si nature r uired) Kent Law Department { [In this field,you may enter the electronic filepath where the contract has been saved] AMENDMENT - 2 OF 2 L _ WASHPAT-01 JSCALF CERTIFICATE OF LIABILITY INSURANCE DATE i2/2o14' f ')IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS ERTIFICATE 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 andconditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT , NAME: HUB International Northwest LLC PHONE (425)489-4500 FAX 12100 NE 195th St. A ,No):(425)485-8489 ` /C No Ext: Suite 200 A DRIESS: Bothell,WA 98011 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA Philadelphia Indemnity Insurance Company 18058 INSURED INSURER B Washington Patrol Division' INSURER C Natalia LaZarte 3900 E.Valley Road#101 INsIJRER D Renton,WA 98057 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION'NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE,'LISTED'BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 IMAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD R POLICY NUMBER POLICY EFF POLICY M DDIYYYY LIMITS LTR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ❑X PHPK1229186 09/21/2014 09/21/2015 DAMAGES( RENTED ; 100,00 CLAIMS-MADE OCCUR PREMISES.Ea occurrence $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE I $ 2,000,000FVI - PRO- ❑LOC PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident $ 1,000,000 A X ANYAUTO PHPK1229186 09/21/2014 09/21/2015 BODILYINJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peraccident X UMBRELLA LIAB: X` OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE' PHUB473636 09/21/2014 09/21/2015 AGGREGATE $ 2000,000', DED J X I RETENTION$ 10,000 $ WORKERS COMPENSATION IPER AND EMPLOYERS'LIABILITY Y/N STATUTE X EH R A ANY PROPRIETOR/PARTNER/EXECUTIVE PHPK1229186 09/21/2014 0912'112015 E.L.EACH ACCIDENT $_ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory,in NH) E.L.DISEASE-'EA E10PLOYEE $ 1,000,000 If yS,'describe under 1,000,000 DESCRIPTION'OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is additional insured per endorsement but only as required by written contract. I _ f 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 J AUTHORIZED REPRESENTATIVE ©1988-2014ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD _i r POLICY NO.PHPK1229186 - PI-GLD-SG(02I09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT. SECURITY SERVICES This endorsement modifies insurance'provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that the following extensions only apply in the event that no other specific coverage for these extensions are provided under this policy. If such specific coverage applies,the terms,conditions and limits of that coverage are the sole and exclusive coverage applicable underthis policy,unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages,consult the policy contract wording. Coverage Applicable Limit of Insurance Page'# Damage to Premises Rented to You $1,000,000 2 Watercraft Used in Security 2 Services only E Medical Payments $20,000 2 Medical Payments—Extended Reporting Period 3 years 2 k Supplementary Payments-Bail Bonds $2;500 3 Supplementary Payments-Loss of Earnings $500 per day 3 Employee indemnification Defense Coverage for Employees $15000 3 Additional Insured—Broadened Named Insured Included 3 Additional Insured—Managers and Supervisors Included 3 Additional insured—'Managers, Landlords,or Lessors of Included 3 Premised Additional Insured—Lessors of Leased Equipment—Automatic included 4 Status When.Required in Lease Agreement With You { Additional Insured—Grantors"of Permits Included 4 I „ Additional Insured--Blanket Additional Insureds by Contract Included 4 Limited Rental Lease Agreement Contractual Liability $50,000 5 ) Transfer of Rights of Recovery Against Others To Us Clarification 5 j Duties in the Event of Occurrence,Offense,Claim or Suit Included 5 ! Unintentional Failure to Disclose'Hazards Included 6 Liberalization Included 6 Bodily Injury--Mental Anguish Included 6 Assault and Battery Coverage with Extended Property Damage Included 6 Errors and Omissions Coverage Included 7 Incidental;Medical Malpractice Included 9 i r , Page 1 of 9 O 2009 Philadelphia indemnity Insurance Company includes copyrighted material of insurance Services Office, Inc.,with its permission. t I 1 { PI-GLD-SG(02109) A. Damage to Premises Rented to You - 1 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word fire is changed to fire,lightning,explosion,smoke,or leakage from automatic fire protective systems where it appears in: a. The last paragraph of SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,Subsection 2.Exclusions; b. SECTION III—,LIMITS OF INSURANCE,Paragraph 6.;and c. SECTION V-DEFINITIONS, Paragraph 9.a. 2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the words fire insurance are changed to insurance for fire,lightning,explosion,smoke,or leakage from automatic fire'protective systems where it appears in SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS,Subsection 4.Other Insurance,,Paragraph b.Excess _ Insurance. 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1000,000;or b. The amount shown in the Declarations as the Damage to Premises'Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event,whether such damage results from fire,lightning,explosion, smoke,or leaks from automatic fire protective systems or any combination thereof: B. Watercraft f SECTION 1-COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2.Exclusions,Paragraph g.Aircraft,Auto Or Watercraft does not apply to security services performed on or about watercraft. C. Medical Payments—Limit Increased,Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: f 1. The Medical:Expense Limit is changed subject to all of the terms of SECTION III--LIMITS OF INSURANCE to the greater of: a. $20,000;or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. Under SECTION I-COVERAGES,COVERAGE C MEDICAL PAYMENTS,Subsection 1. Insuring Agreement, Paragraph a.,Item(b)is amended to read: ' I provided that: (b) The expenses are incurred and reported to us within three years of the date of the accident;and 4 Page 2 of 9 I 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. l I i k { 1 PI-GLD-SG(02/09) l D. Supplementary Payments In the SUPPLEMENTARY PAYMENTS=-COVERAGES A AND B provision,Items 1.b.:and 1.d.are amended as follows: I 1. The limit for the cost of bail bonds is changed from$250 to$2,500;and 2. The limit for loss of earnings is changed from$250 a day to$500 a day. E. Employee Indemnification Defense Coverage In the SUPPLEMENTARY PAYMENTS-COVERAGES A AND B provision,the following is added: We will pay,on your behalf,defense costs incurred by an"employee"in a criminal proceeding: I The most we will pay for any"employee"who is alleged to be directly involved in a criminal ! proceeding is$1,5,000 regardless of the numbers of"employees,"claims or"suits"brought or persons I or organizations making claims or bringing"suits." F. Who is an Insured , SECTION ll--WHO IS AN INSURED is amended as follows: g Y G organizations* s 1. If coves e for newly acquired or formed or arnzations�is not otherwise excluded from this Coverage.Part, Paragraph 3.a.is changed to read: a. Coverage under this provision is afforded until the end of the policy period; 2. Each of the following is also an insured: I a. Broadened Named Insured—Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However,'coverage does not apply to any organization or Isubsidiary not named in the Declarations as Named Insured, if they are also insured'under another similar policy,but for its termination or the exhaustion of its-limits Hof insurance'. b. Managers and Supervisors--If you are an organization other than a partnership or joint venture,your managers and supervisors are also insureds,but only with respect to their duties as;your managers and supervisors. i C. Managers,Landlords,or,Lessors of Premises-Any person or organization with respect to their liability,arising out of the ownership,.maintenance or,use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: 1 An "occurrence"which takes lace after you cease to be a tenant in that � ) Y p premises;or 2 Structural alterations,new construction or demolition operations performed by or on � ) 1 behalf of that person or organization. i Page 3 of 9 0 2009 Philadelphia Indemnity Insurance,Company includes copyrighted material of Insurance Services Office,Inc.,with its permission. f i j I 3 i Pi-GLD-SG(02/09) d. Lessors of Leased Equipment—Automatic Status When Required in Lease Agreement With You--Any person or organization from whom you lease equipment when you and such � person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or { organization is an insured only with respect to liability for"bodily injury,"."property damage" (, or"personal and advertising injury"caused,in whole or in part,by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or,organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded:to these additional Insureds,this insurance does.not apply to any"occurrence"which'`takes'place after the equipment lease expires. e. Grantors of Permits--Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (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 the 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, hoist-away openings,sidewalk vaults,street banners or decorations and similar exposures;' (b) The construction,erection,or removal of elevators;or (c) The ownership,maintenance,or use of any elevators covered by this insurance. f. Blanket Additional Insureds by Contract-Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contractor agreement that such person or organization,be added as an additional insured on your policy.Such,person or organization is an additional insured only with respect to liability bodily injury, property for, damage 'or personal and advertising injury caused, in whole or in part, by: f. (1) Your acts or omissions,or (2)'The acts or omissions of those acting on your behalf; inthe performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed: i With respect to the insurance afforded to these additional insureds,the following'additional exclusions apply: This insurance does not apply to: (1) "Bodily injury,""property damage"or"personal and advertising injury"arising;out of the rendering of,or the failure to render,any professional architectural,engineering or surveying services, including; Page 4 of 2009 Philadelphia Indemnity insurance Company Includes copyrighted material of insurance Services``Office,Inc.,with its permission. i _ 3 i I r i i i f f PI-GLD-SG(02/09) j (a) The preparing,approving,or failing to prepare or approve, maps,shop drawings, opinions, reports,,surveys,field orders,change orders or drawings and specifications; or (b) Supervisory,inspection,architectural or engineering activities. (2) "Bodily injury"or"property damage"occurring after: (a) All work,including materials,parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional:insured(s)at the location of the covered operations has- been completed;or (b) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations fora principal as a part of the same project. G. Limited Rental Lease:Agreement,Contractual Liability The following is added to SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,Subsection 2.Exclusions,Paragraph b.Contractual Liability:- (3) Basted on the named insure request at the time of claim,we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their;client,up to$50,000. ( This coverage extension only applies to rental lease'agreements. This coverage is excess over any renter's liability insurance of the client. H. Transfer of Rights of Recovery Against Others To Us I As a clarification,the following is added to SECTION IV--COMMERCIAL GENERAL LIABLITY CONDITIONS,Paragraph 8.Transfer of Rights of Recovery Against Others To Us: Therefore,the insured can waive the insurer's rights of recovery prior to the occurrence of a loss,provided the`waiver is made in a written contract. 1. Duties in the Event of Occurrence,Offense,Claim or Suit 1. When you report an"occurrence"(coverage for which is provided by this policy)to your compensation insurance carrier,andahis"occurrence"'later,develops into a liability claim, failure to report such"occurrence'�,to us at the time of such"occurrence"shall not be deemed in violation of SECTION IV`—COMMERCIAL'GENE RAL LIABILITY CONDITIONS Paragraph 2. Duties in the Event of Occurrence,`Offense,Claim or Suit. This is upon the distinct understanding and agreement however,that you,the insured,as soon as made aware that this particular"occurrence"is a liability case, rather than a compensation case shall give us notification immediately. 2. The requirement in Condition 2.a.1 of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an "occurrence"or an offense,applies only when the"occurrence"or offense is known to: Page 5 of 9 2009 Philadelphia Indemnity Insurance`Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. I I { t PI-GLD-SG(02/0,9) f a. You,if you are an individual; b. A"partner,if you are a partnership;or c. An"executive officer"or insurance manager,if you are a corporation. 3. The requirement in Condition 2.b.of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or"suit'as soon as practicable will not be considered breached unless the breach occurs after such claim or"suit"is known to: a. You,if you are an individual; b. A partner, if you are a partnership;or f I c. An"executive officer"or insurance manager,if you area corporation. l J. Unintentional Failure To Disclose Hazards It is agreed that,based on our reliance upon your representations as to existing hazards,if you should unintentionallyfail to disclose all such hazards priorto the beginning;of the policy period of this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure.; K. Liberalization If we;revise this endorsement to provide more coverage without additional premium charge,we will (,automatically provide the additional coverage to all endorsement holders as of the day the revision is c effective in your state. L. Bodily lnjtary—Mental SECTION V—DEFINITIONS,Paragraph 3.is changed to read: "Bodily injury,,. a Means bodily injury,sickness or disease sustained by a person,and includes mental,anguish resulting from any of these;and b. Except for mental anguish,includes death resulting from the foregoing(Item a.above)at any time. M. Assault and Battery with Extended Property Damage SECTION] COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE {' LIABILITY,Subsection 2.Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: i a. Expected or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to: Page 6 of 9 f O 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office. Inc.,with its permission. s I 1 ' I PI-GLD-SG(02/09) 1 (1) `Bodily injury"or"property damage"resulting from the use of physical force to protect persons or property;or (2) Allegations of vicarious liability on the part of a Named Insured arising solely from the acts of your"employees." However,acts of your"employees"shall not include theft. N. Errors and Omissions Coverage 1. SECTION I--COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended by adding the following: ERRORS AND OMISSIONS This insurance applies to negligent acts,errors or omissions committed by you relating toy our services described in the Declarations. 2. SEC TION 1-COVERA GES COV R E AGE B PER ONAL AND.ADVERTISING INJURY LIABILITY is amended by adding the following: ERRORS AND OMISSIONS The insurance that applies to"personal injury"includes negligent acts,errors or omissions committed by you relating to your services described in the Declarations. j 3. SECTION I-COVERAGES is amended by adding the following: COVERAGE D—ERRORS AND OMISSIONS LIABILITY a. Insuring Agreement (1) We will pay those sums.that the insured becomes legally obligated to pay as damages because of errors or omissions committed by you relating to your services described in the Declarations. However,we will have no duty to defend the insured against any suit seeking damages for errors or omissions committed by the insured to which the insurance does not apply.We will have the right'and duty to defend any"suit"seeking those damages. We may,at our discretion, investigate any claim or"suit"that may result. But: (a) The amount we will pay for damages is limited as described in SECTION III—LIMITS OF INSURANCE;and (b) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A, B,or D, or medical expenses under Coverage C'. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS—COVERAGES A,B, AND D. (2) This insurance applies only if the error or omission occurs during the policy period. b. Exclusions i This insurance does not apply.to: I Page 7 of,9 { ©2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. f { PI-GLD-SG(02109) (1) "Bodily injury"or"property damage"; (2) °Personal and advertising injury"; (3) Intentional injury,nor injury arising out of willful violation of a penal statute or ordinance, committed by or with the knowledge or consent of the insured (4) Any claim seeking relief or redress in any form other than monetary damages; (5) Any claim arising out of anyinsured's activities,or as a fiduciary, under the Employment Retirement Income Security Act of 1974,any amendments or any regulation or order issued thereto; (6) Any claim arising from warranties or guarantees made by any insured; (7) Liability assumed by the insured under any contract or agreement. This exclusion does not apply to liability for damages: (a) That the insured would have in the absence of the contract or agreement;or (b) Assumed in a contractor agreement that is an insured contract; (8) Liability arising from any fraudulent,dishonest,or criminal act of any insured; (9) Liability arising from a claim made by a parent or subsidiary organization of the insured or another subsidiary organization'of'such,parent or other subsidiary, nor any officer, director or"employee"of any of the above;and (10) Any claim°alleging, arising out of,resulting from, based upon or in consequence of, directly or indirectly,any employment.practices or any discrimination against any person or entity on any basis;additionally,,any actual or alleged violation of the Fair Labor. Standards Act or any similarlaw or-regulation applicable to the paymentof wages or overtime, C. SUPPLEMENTARY PAYMENTS—COVERAGES'A AND B is amended to read SUPPLEMENTARY PAYMENTS—COVERAGES A,B,AND D d. SECTION III—LIMITS OF INSURANCE is amended as follows: s (1) Item 2.is replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; i b. Damages under Coverage A,except damages because of"bodily injury"or "property damage"included in the"products-completed operations hazard"; c. Damages under Coverage B;and d. Damages under Coverage D. { i (2) Item 5.is replaced by the following: Page 8of9 2009 Philadelphia Indemnity Insurance Company I Includes-copyrighted material of Insurance Services Office, Inc.,with its permission. PI-GLD-SG(02/09) 5. Subject to 2.or 3 above,whichever applies,the Each Occurrence Limit is the most: we will pay for the sum of. a. Damages Under Coverage A;and b. Medical expenses under Coverage C because of all"bodily injury"and"property damage"arising out of any one "occurrence";and C. Damages under Coverage D. e. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is amended as follows: (1) The first paragraph is replaced by the following: If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A, B,or D of this Coverage Part,our obligations are limited as follows: (2) Paragraph b.Excess Insurance, Item(2)is replaced by the following: When this insurance is excess,we will have no duty under Coverages A,B,or D to defend the insure d against any claim or"suit",if any other insurer has a duty to defend the insured against that claim or"suit." If no other insurer'defends,we will undertake to do so, but we will be entitled 10 the insured's rights against all those other insurers. ` € 0. Incidental Medical Malpractice We will pay for injury arising',out of the rendering of or failure to render the following treatment or services by an"employee"for an accident occurring during the policy period: 1. First aid treatment includin car diopulmonary resuscitation(CPR);and 2. Medical,surgical,dental,x-ray,or nursing service,or treatment,or the furnishing of food or beverages in connection therewith;'and the furnishing or dispensing of drugs,or medical,dental, or surgical supplies or appliances. However,this coverage does not apply an I to insured or to,any entity engaged in the business or Y occupation of providing the services or treatments described in 1.and 2.above. i Page 9 of 9 2009 Philadelphia indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.;with its permission. f f i i P1-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRIMARY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Client(s) : Blanket where required by written contract Type of Service: Any\All Services Information required to complete this Schedule; 'if not shown above, will be shown in the Declarations. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, Item 4. Other Insurance b. Excess Insurance is deleted as respects: 1. Any contract for security or investigative operations; or, 2. Operations from the type of'_service'listed for ,the client shown in the' .. endorsement SCHEDULE. j All other terms and conditions of this Policy remain unchanged. Page,1 of f Kent City Council Minutes May 1, 20 12 Checks issued for pa,yroll for March 16 through March 31 and paid on April 5, 2012, were approved: Date Check iVumrers Arnourt 4/5/12 Checks 327039-327229 $ 129,f 308 62 Voids & Relssues 327038 0.010 4/5/12 Advices 296738-297375 .1252245.32 /� $1,381,553t94 C. Civil Service Appolntm nth (CFIV-1221) The Mayor's appointment of Jim Berrios to the Kent Civil Service Commission was confirmed. D. Quota International Donation. (CFIU-118) A donation from Quota international of:Kent Valley in the amount of$1,000 was accepted, amendment of the budget and expenditure of the funds in accordance with the terms of the donation was approved. E. 'Storm+water Pond Maintenance Agreement Amendment, (CIFNI-1038) The Mayor was authorized to sign an amendment to the City's Interlocal Agree mervt,with Icing County to allow the County to perform maintenance on the City's Storrnwater Ponds, subject to final terms and conditions acceptable.to the City Attorney and Public Works Director. E, er Ho rs o e-3ffgtershed Security- Contract. (CEiU-1038) The Mayor wa' authorized to approve a goods-'and services agreement between the city of Kent ci Washington Patrol Division to provide after hours security patrols.for Kent and Clark springs watersheds, in an amount not to exceed $2,550 per month, subject to Mal terms and conditions acceptable to the City Attorney zi d Public Works Director. . Soil'Scregner Equiament Purchase. (CFIW-143$ The Mayor was authorized to Sig n, a purchase order for the purchase of a soil screener, subject to finaf,terms and conditions acceptable to the City Attorney and Public Works Director. H!l ,'T 6f i g Signal/Street U l ce Facifty Legge. (CEIU-239) The Mliyo`rL was authorized to sign a lease agreement With 01,em orta Indlustries for a period#light of three gears, to lease warehouse space to be used as the traffic signal and :str eet' maintenance facility, subject to final terms and conditions acceptable to the Cry Attorney and Public Works Director. i r than f urin Bill of S� Le CEI -48 The Bill of dale for the Rottl ► r.._.. ._. .,� ) er Manufacturin project, permit #211 16644, for 650 linear feet of frontage improve mn ntsf 1 storm seiner manhole, 5 catch basins, and 398 linear feet of storm sewer hind, vas accepted. REPORTS A. C uincllPresi:dent. : (-CFI 198-) Higgins reported on the discussion at torjight`s wo�rl shop on infrastructure fording and the feri tatlon of a- ad hoc co;rnmitte,e to snake a'recoi�irr enciation to the full coun.cii. 2 KENT WAS H IN(..TO h - ) GOODS & SERVICES AGREEMENT between the City of Kent and Washington Patrol Division THIS AGREEMENT is blade by and between the City of Kent, a Washtngton municipal corporation (hereinafter the "City"), and Washington Patrol;Division organized under the laws of .the State of Washington, located and doing business at 19033 68th Avenue South, Suite D-103, Kent, Washington 98032,, Phone: (253) 867-2060/Fax: 53 -66 ntact: Jason LaZarte (hereinafter the "Vendor"). �-� `/ u AGREEMENT I. DESCRIPTION OF WORK. Vendor shell provide the following goods and materials and/or perform the following services or the City: The Vendor shall conduct security patrol visits to Clark Springs and Kent Springs Watersheds. for a description, see the.Vendor's Scope-of ark which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exciustve provider of these goods, materials, or services and that the City maintains its ungoalifted right to obtain these good . M tertais, and services through other sources. II ERM AND OPTION TO RENEW. This Agreement shall commence on .dune 1, 2 2 and arfi end on May 30, 2013 The City shall have the option to renew this Agreement for tip eie 3 additional one t 1 year periods under the same terms and conditions unless the City prourdes this y (30 days prior notice of its-intent not to renew. The provtsrons 'of this Section I'shall not after or affect the Parties' Section V rights to terminate this Agreement. IYL. COMPENSATION. The Clt shall a the Vendor an amount�ount not to exceed That y pay � y Thousand;' Six Hun' red Dollars ( 30,600.00), including applicable ashrngton State Sales Tax, for the g'aaos,� materials, and services contemplated in this Agreement. The City shall pay the Ve�n�dor tr,:P,f611ow ng amounts according to the foilowtng schedule; GOODS SERVICES AGREEMENT- Over. 1r0 eft REQUEST FOR MAYOR'S SIGNATURE • Print on Cherry-Colored Paper KENT WAS MI NCaTU N D THROUGH THE LAW DEP RTM Routing..Inform ation (ALL REQUESTS MUST FIRST BE ROUTE, eor�)__ Approved by r Originator: Kevin Swinford Phone (Originator): (253) 856-5613 Date Sent: 5/26/15 Date Required:5/29/15 Return Signed Document to Jemini',Davis l Contract Termination Date: 5/30/16' VENDOR NAME: Date Finance Notified: Washington Patrol Division (only required on contracts 5/26/15 g 10 000 and over or on an Grant DATE OF COUNCIL APPROVAL; Date Risk Manager Notified:N/A 5 (Required on Non-City..Standard Contracts/Agreements) Has th is Document been S eclficall Account Number :p 41005550.64110.7410 Authorized in the Budget? 7 YES NO Brief Explanation of Document: The city of Kent would like Washington Patrol Division to continue to conduct security patrol visits at Clark Springs and Kent Springs Watersheds for an additional year under the terms and conditions of the �> original agreement.fA ' V Uf ado ` u ea All Contracts Must Be Routed Through The Law Department (This area to b mpleted by the Law Department) Receivedf'%EN E%j Approval of Law Dept. •7. / Law Dept. Comments: ffi Date Forwarded to Mayor. 7•jJQ Shaded Areas To Be Completed By Administration Staff Received z t }mot � E f u Eti L y 3 Recornrnendations and Comments ' rPl t Et,F ve t ,;# Dispositionw � 7 k t` Fd f { 3 E Date Returned ,. P:\Civil\Forms\Document Processing\Request for Mayor's Signature.docx