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HomeMy WebLinkAboutPW17-376 - Amendment - #1 - Washington Patrol Division - Clark, Kent and Armstrong Springs Watershed Security Patrol -05/31/2018 Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. El Blue/Motion Sheet Attached Pink Sheet Attached Vendor Name. Washington Patrol Division Vendor Number (JDE): Contract Number (City Clerk): Category: Contract Agreement Sub-Category (if applicable): Amendment Project Name: Watersheds Security Patrol Contract Execution Date: Date ofthe---Mayor's signature Termination Date: 6/30/19 Contract Manager: Jim Reed Department: PW: Operations Contract Amount: !635.100.00 Approval Authority: El Director 0 Mayor ❑ City Council Other Details: Conduct,,securitv oatrol visits to Clark Springs, Kent Springs and - -' Armstrong Springs Watersheds for an additional year. °... T AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Waighinaton Patrol [Division CONTRACT NAME & PROJECT NUMBER: lark rin Kent S rings &_ArM§jrpnggSRrings W atershgds 5Ccurity Patrol ORIGINAL AGREEMENT DATE: June 23 ZQ1Z 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: Conduct security patrol visits to Clark Springs, Kent Springs and Armstrong 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: -_..... ......... _.. �.mm. ....... .............. Original Contract Sum, $35,100.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST _.... Current Contract Amount $35,100.00 including all previous amendments __....... _.�....... �............ _. — ........... Current Amendment Sum $35,100.00 Applicable WSST Tax on this $0 Amendment - -- Reevised Contract Sum $70,200.110 AMENDMENT - 1 OF 2 _ .. _ Original Time for Completion 6/30/18 (insert date) -- - ...-,__.......-- Revised Time for Co—mmpletion under n/a.._._. —� ....._.,.._ prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 6/30/19 (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. CONSULTANT/VENDOR: CITY OF KENT: ......... . By: BY a `� s C e .y.n >" (slgna Cures Print Nam ! Print Name: Dana Raloh _._ ... Its Its M,aypr (tire)DATE: l � DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department vlasMngmn vatrol DlV,,.I ..IerlhO S1,r,ry zols Ame yR-d AMENDMENT - 2 OF 2 AFRO" DATE(MM/DD/VYYY) CERTIFICATE OF LIABILITY INSURANCE 09/15/2017 - -....._ T1#IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS 9TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICIES ..r_OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURE R(5),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ..........._. ....._.. __......-.�__ - . PRODUCER CS Hub International Northwest LLC PHONE 1 I FAX ec 425 485-8489 Arc,NP Ex+ 425 489 4500 Botha NE 195th Street,Suite 200 5... _ A.-__�, ,�4':�, �} 1 Botheu,wa 98011 �ss,now.InfaC hrabinternatiQnaV.com _-...............—,-_ INSURCAjS)yhFFOR�IN©ggrv4aroAae .,", .._ MA,ICN __ INSURER A:Philadelphia Indemnitv Insurance Cool 18058 .,_,�.. ....- ..............---- ------ --_..... _..,...,-.._.__ ..- INSURED INSURER B Washington Patrol Division INS-099 9 ..... 3900 E.Valley Road#101 INSURER D: Renton,WA 98057 ............ INSURER E ....... - __�....— -..._..._ INSURER F OVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTOALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN'. -,ADDL$UBR .... PODGY EFF POLICY EXh. rw TYPE OFINSURANCE men wen POLICY NUMBER rMMmnrvvvvl mnmm�rYYYYI LIMITS __ --knot �.cc wmuam�vi wiw.cv..�l.> Al X COMMERCIAL GENERAL LIABILITY 1,000,000 I FAN f1QQI,IRRFNf.F 4 CI-AIMS-MADE rX.6 OCCUR X X PHPKIS51271 09/21/2017 09/21/2010 DAMAGE TO RENTED 1 a 100,000 MED FXP IAnv arcnnl_ 3 SDDB PE-1QNAI &ADVINyI11RY f 1,000,000 G" 1 AGGREGA1 E LIMIT APPLIES PER. -.. arENFYtAL APOREGArE S 2000,000 LPRO 2 000,000' PDI ICY JECT LOG PR(][]IJGT$ CQMPIQP ACy . OTI1EfR A AUTOMOBILE LIABILITY 'E.-. i.0 url I LE LIMIT $ 1,000,000 X ANY AUTO X X PHPK1551271 09/21/2017 09/21/2018 BODILY INJURY(Par, i $ — OWNED SCHEDULED - - AUTOS ONLY AUTOS BODILY INJURY IP tl U S .. " HIRED N67116f�WWNF,��}} P eiOPERTY 0",","AMAGE AUTOS ONLY AUI0527NLYt t'1ltplul .§ __. .........._...__ ... ___........,.___. ___ ..: ... A X UMBRELLA LIAB X OCCUR EACH nCC.1IR,RFNPF $ 2 000r000 EXCESS LIAB f CLAIMS MADE X X PHUB556364 09/21/2017 09/21/2018 nrrRFrATF $ 2000,000 DED I X- RETENTION$ 10,000 q A WORKERS COMPENSATION cEernrc X DQH D EMPLOYERS'LIABILITY PHPK1551271 09/21/2017 09/21/2018 W 1,000,000 _ V PROPRIETOMPARTNEEXECUTIVE Y/N� F CA(,Y1 A{.l„tGt Ni, S er4}(.1fGERIMEI N/A MBER EXCLUDED? kNARdeto, n NMM) E_L.DISEASE-EA EMPLOYEE S 1,000,UDa Jr yes,dexnldoe under _ _OFSCoPI'IONOFOPFRALCINShe ..L EL DISEASE-POLICY LIMIT $ 1,ODD,DDD6- ...........m................ ................. m........................_.._._.. ......... _....... _- —__— .—........ ------------_—_.-.----_._ DESCRIPTION OF OPERATIONS T LOCATIONS/VEHICLES (ACpRp 101 Atldllltlnel Rgprpeki Schedule,mgvy ba ptiNChpd It mere siyAna 1pslifatl] Certificate holder Is additional Insured per endorsement but only as required by written Contract.Umbrella policy follows form .w. ._..........................___ ......_...._............................._........................___..............................._........_.................... CERTIFICATE HOLDER CANCELLATION N ..________......m.-....._................._._._. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032 - -- ,-, AUTHORIZED REPRESENTATIVE ......................._—..__-_.--.............—___.....-----...................................---------"-----.... - ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. POLICY NO,PHPK 1551271 PI-GLD-SG(02l09) 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 under this 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# fJamage to, Rented to You $1,000,000 2 Watercraft Used in Security 2 -.. Services only Medical Payments $20,000 2 Medical Payments-Extended Reporting Period 3 years 2 Supplementary Payments- Bail Bonds - $2,500 3 Supplementary Payments-Loss of Earnings $500 per day 3 _..w._....__...._.____..___.__. Employeeee Indemrnficatimon Deferise-Coverage for Employees $15,000 3 Additional Insured -Broadened Named Insured Included 3 AdditioriWInsured-Managers and Supervisors Included 3 _. ..... -...---- - ......_ _ ._.__,_ed — —... Additional_Insured -- Managers, Landlords, or Lessors of Included 3 Premises Additional Insured -Lessors of Leased Equipment-Automatic Included 4 Status When Required in Lease Agreemert With You �. ._ _..._ Additional Insured-Grantors of Permits I_._ncluded 4 Additional Insured---Blanket Additional Insureds by Contract Includedw 4 ........... Limited Rental Lease 7 greement Contractual Liability $50,000 5 ._...-`___r... .—.._.-...-....--------------- Transfer of Rights of Recovery Against Others To Us Clarifcation 5 ,5uties inthe Event of^Occurrence, Offense, Claim or Suit Included 5 Unintentional Failure to Disclose Hazards Included 6 Liberalization Included 6 Bddllylnjury-MentalAnguish Included 6 m_.., _ _, .....,__ Assaull t and Battery Coverage with Extended Property Damage Included 6 Errors and Omissions Coverage Included 7 .__..._,_.-__.._._.... .._____..._....__._...�......_..,r._..._........_�_ -....---..__....-- Incidental Medical Malpractice Included 9 Page 1 of 9 ©2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG(02109) i A. Damage to Premises Rented to You 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. $1,000,000: 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 SECTION I—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: 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: provided that: (b) The expenses are incurred and reported to us within three years of the date of the accident; and Page 2 of 9 ©2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG(02/09) D. Supplementary Payments In the SUPPLEMENTARY PAYMENTS—COVERAGES A AND B provision, Items 1.b. and 1.d. are amended as follows; 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. The most we will pay for any"employee"who Is alleged to be directly involved in a criminal proceeding is$15,000 regardless of the numbers of"employees,"claims or"suits" brought or persons or organizations making claims or bringing "suits." F. Who is an Insured SECTION II—WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations 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: 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 subsidiary 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 of 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. 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) Any"occurrence"which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization, Page 3 of 9 ©2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission, 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 i organization is to be added as an additional insured on your policy. Such person or i organization Is an insured only withrespect to liability for"bodilyY Your property damage" 1 ry, or"personal and advertisinginjury" caused, in whole or in art, b 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 stale 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 contract or agreement that such person or organization be added as an additional insured or your policy, Such person or organization is an additional insured only with respect to liability for"bodily injury," "property damage"or"personal and advertising injury'caused, in whole or In part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the 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. 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 9 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG(02/09) (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"cut 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 for a 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) Based on the named insured's 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 As a clarification, the following is added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph S. 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. I. 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, and this "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 GENERAL 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.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. PI-GLO-SG (02109) a. You, if you are an individual; b. A partner, if you are a partnership; or b. 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; I A partner, if you are a partnership; or c. An"executive officer" or insurance manager, if you are a corporation. J. Unintentional Failure To Disclose Hazards It is agreed that, based on our reliance upon your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure. i 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 effective in your state. L. Bodily Injury—Mental Anguish 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 I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: 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 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG(02I09) (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 1—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 to your services described in the Declarations. 2. SECTION I—COVERAGES, COVERAGE B PERSONAL 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. 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 This insurance does not apply to: Page 7 of 9 ©2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-SG(02I09) (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 any Insured'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 contract or 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 similar law or regulation applicable to the payment of 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: (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 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. (2) Item 5. is replaced by the following: Page 8 of 9 0 2009 Philadelphia Indemnity Insurance Company 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 insured 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 to the insured's rights against all those other insurers. O. 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 including cardiopulmonary 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 to any insured or to any entity engaged in the business or occupation of providing the services or treatments described in 1. and 2. above. Page 9 of 9 rJ 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission, PI-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 Ciient(a) : 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. All other terms and conditions of this Policy remain unchanged. Page 1 of 1 POLICY NUMBER: PHPK1551271 COMMERCIALAUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective. 05/18/2016 Countersigned By: Named Insured: JNJ Associates, LLC (Authorized Representative SCHEDULE Name of Person(s) or Organization(s): The City of Kent (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. rA an nu no an r.-..,..�..v.� i�..��.,....... c.....�..,..- nu...,. I. Anna d�Nu I I d m mm au•'. �w .a "m :amrm 'm °" ^ m. , w aim mm� m. uon o m am w m au r w I�a no - "��' m i m w w w a w ® w