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HomeMy WebLinkAboutPK05-130 - Original - Portico, Inc. - Town Square Park/Kent Municipal Block - 02/03/2005 T Re.cords �� �Maa ement WAS„,„OTO„ { Document i r PAY. .Cliin5 l _ 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 Mary Simmons,City Clerks Office. Vendor Name: A? e Contract Number: i kos— 130 This is assigned by Mary Simmons Vendor Number: Project Name: ?O06107 Contract Effective Date: Contract Termination Date: // Drri L �30, 24 WS� Contract Renewal Notice(Days): Number of days required notice for termination or renewal or amendment Contract Manager +DM Department: Abstract: ADCL7832 07/02 s KENT Wh9NIMOTON CONSULTANT�SERVICES AGREEMENT between the City of Kent and Portico, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Portico, Inc. organized under the laws of the State of Washington, located and doing business at 1500 Oh Avenue, Third Floor, Seattle, Washington 98101-1670, Dennis Meyer (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Provide design concepts and drawings for the Town Square Park/Kent Municipal Block project in Kent as described in the Consultant's proposal dated 12/23/04 attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. 111. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by April 30, 2005. III. COMPENSATION. A. The City shall pay the Consultant,based on time and materials, an amount not to exceed Twenty- Four Thousand, Three Hundred Seventeen Dollars and NO/100ths ($24,317.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) IV. INDEPENDENT Employer Relationshi COIVTRAC'TO direct the P will be created b R' The parties intend that Agreemenperformrlance and details of its by Agreement and an Independent Contractor. k, the Citythat the Consultant has the abili being interested only in the results obtain to ed under l this V, TERMINATION. Providing the other Either pa Agreement. party (30) day rty may terminate this Agreement, A$er termination y Written notice at its address st forth with or without cause, upon Section x, pertaining to this project, whi hay take possession of all records on the si MAY be used b and datagnawithinture block of this Y the City without restriction, xce the Consultant's VI• DISCpt as provided in Ceument or any subcontra N, In the hiring of employees for the Consultant or subcontractor shall Consultant, its subcontractors performance of origin, or the presence of not, by reason of race, reli 'on , or an work under this quali$ed any sensory; g1 , color, sex person acting on behalf of the and available to peform r3'° mental, or physical > age, sexual orientation attached City of Kent E the work to which the usability, discriminate' , national Policy 1.2, and u goal Employment O mployment relatesnate against any person who is upon completion of the Contract Policy DeclarationConsultant shall ex ecute tract work, file the attached ' Comply with City Administrative the VII• INDEMNIFICATION. Compliance Statement. Officials, employees a Consultant including all le gents and vol shall defend gal costs and attorne unteers harmless from an ' indemnify and hold the City,this Agreement, exce t for Y fees Y and all claims, i a h', its officers,p that arising out of or in connection with injuries, damages, losses or suits, portion of the injuries, losses,and th the Consultant s The City's inspection or acce damages caused t performance of avoid g used by the Cit 'any of these coven Ptance of any of Consultant's work when c01n y s negligence. ants of indemnification. Should a co pleted shall not be grounds to then, in the event of t Of competent jurisdiction determine that this by or resulting from the liability for damages arising agents and resulting concurrent negligence gout of bodily in• Agreement is subject to volunteers gljgence of the Consultant and to pers°ns or d RCW 4.24.115, negligence. , the Consultant's liabili the Ci damages toproperty tY hereunder shall be onl ' its offices, officials, Oyees caused IT y to the extent of the Consultants IS INDEMNIFICATION FURTHER SPECIFIC IMMTYCUNDER PROVIDED HE ALLYCOgvpl HER E�'RESSLY UNDERSTOOD THIS t1VDEMNIFICAT ONST1�L INSURAN E, TiTLE Sl RCW, SOLELY TIrATTHE MUTUALLY NEGOTIATED ULTANT'S WAIVER OF EGOTIATED T PARTIES FLiRTHER LY FOR THE P RIVER. ACKNOWLEDGE THAT PURPOSES OF The provisions of this section shall s HAVE survive the expiration or termination of this VIII• INSURANCE. The Co insurance of the nsultant shall r Agreement. types and in the amounts described p ocure and in E maintain for the duration of the IX, Exhibit B attached and incorporatedaccuracy b Agreement, "CHANGE OFFORMATION• Y this reference.under this Agreement Y information supplied The City will Pphed by it to Consul provide its best efforts to tant for the PurpoSe of completion of provide the work CONSULT 'U'er.8'10,000J SERVICES AGREEMENT-2 I documents, and UOCUwN�e nxeO s 'all el �dby the COVS AND Udex this Ag t will be saf ,s reves O or created Car►sultaxl u on the Cif of the E Ip A s ordsb tte4 byelop' the City av the to ue the Lu e or re ant o any °then X. O parts,°x y p ll recap do ur1'ent aodcu �'ts ©ne other tha'�Gonsu grin =designertY °f the City make such records OA raject by actor ,ome the PCaosultant shah who obtains pant for thts spttltant• n independent under dtis resultant• ar �yytdhi d, reated b9 a`e Pas1ue to COn ultant is a orized t of ae city's= x thaw Cons the Work auth� eneral ngh ocux�ents, data liability or 1 �5p�C�ION. even d details °b ect to the Ci�s all be O erfarmance d shall be su l �rajeCt shall G%T t the P the one an e all necessary C�Yto conttol at the approval ofTs in tLe authority ust meet RxSK� Consultant sh SlubcOutt work shah be with the e Wark m letion d ols$ camp eats, au als, A eement, satisfact xY CONSAJO e ployees, ag mat purposee to uteri a to secure A'�the safety of its essay far or dozag spection pEVSO,��D fox utilise all prof ores bl for any loss °f I. O be responsib d shall s and se cantract+N°Tk ar' ultant shaltbe be Wark• reGautians , own risk,and Cons ection with requires its th pexfoe ar�onsu tamed or held for use to Code, the Croce preference dare 5YONS. the Kent Crn1 or otbes articles us LANSO13S p'RO� racticable• A P II. 1'�'I sal suant to Chapter p odor whenever P e slab ce of any of th tell l . � and recy gec clable use recycled oduct. on sa ccp yea b this Agee ent is to sled PC ist up agreeta is A' d cansultan ate, reCY a of the City to oph Hants, design exercise any of those cove outractors an for any Phe failtu ent,ar to maybe available s A�eem Volrelinqu'shn'ent ar�d f I3reac thi waive b N re.W aiv con in'ed in to be a d effect hall be g°verned dispute, D' le and aBTeerY'entshall not be Cons full foxGe an le any Aeeinent sable to sett alvtp Ces s e and rem This artier are Cans ° uric in on Or mo ores,an the same shallb G vetriin Law. If the P e exclusive n1 and j dial a or oPtt f sites to ofashtngto An1ent,t1' e venue=rulesin writing to ce of tli ively ceder es agree the P R olutio Whit vile laws of thes,5perforimtt suit efcclus less the parties ed in defending C• ccordauce, om the Pat' be by flin ashin00% sire damages incurr aided, III a sing shall only County, W or lawsuit ford ad f�d const,ed or clairrt ari or claim, ed by u aer n diffexenCe gut any claim al Costs f or award pr tiara dispute,dtffexen superior C°" a all its leg ifica that County lotion Process'arty shall Pay other covexY s right to indemn of file gdispute resoeement,each P additaon to an to limit the City arties at the alternattyeitce of this Age or lawsuit= in construed ball be sent to the MCA Hour pe rmo such claim aph shall s ° re g this para� arding CeAl this to the bye ' red o eernent o Hsu ho enotliing i env' tuticati°ns reg fled Bern t unless niailirega to this A� V' of this Agr rloti e. All con e 0 a�e A n'es after tar date address stated U. writt the signature PaSe (3)business da &dressee at th listed on become effective tweeen if sent to the addressedex shall writing• hereon ed sufficientlYergPeCified'tn and shall be deer' be Jaereaft oilier address as may s ` E. Assi ent. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the ridn-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 Consultant. 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. Com,Mliane with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. ANT: CITY NT: _�..— By: (signature) (sfgnatu e) Print Name: Dennis Meyer Print e: Jim White Its Princi al Its Mayor (role) �tle) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Dennis Meyer Perry Brooks,Project Manager Portico Inc. City of Kent Parks Department 1500 4th Avenue,Third Floor 220 Fourth Avenue South Seattle, WA 98101-1670 Kent, WA 98032 (206) 621-2196 (telephone) (253) 856-5114 (telephone) 206 621-2199 facsimile (253) 856-6050 (facsimile) APPROVED AS TO FORM: en aw ep ent Town Square Park/Kent Municipal Block CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) 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. 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. During 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 day of , 2005. By: W For: Title: ' Q. Date: Joav e EEO COMPLIANCE DOCUMENTS- t a CITY 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. i. 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 r ITY OF "NT LIANCC STATEN�ENT EQUAL EMPLOYMENT � YMENT �gTt,INITY COMp I'E'R is protect by the Contractor awarded the t AF' CO�LE"1�ON of th This form shall be filled ou wledge and declare hereby ac�O Agreement. Company, Town S uare Park porticoes own as agent of Bement ' I represent a duly represented contractor for the Agr between the firm I,the undersigned, was the prime date that the before-mentioned company was entered into on the ent Munici al Blo,�— Desi � ent and the City of Kent outlined in the City of K uVements and obligations as policy that was pat fully with all of the req Employment Opportunity I declareaI Declaration City that I complied of Kent EAu Adnunistrati Policy 1.2 and the ve of the before-mentioned Agreement. 2oos. day of Dated this ---�' gy: For. Tithe: Date: eNCE DOCUWNTS 3 EXHIBIT !�§ e §■ § [ !E§||§ § � !° ` © § ■ - � - --- � � | _ . | � - § S -.- ■ - - �..... . . ,� � ■ § |� � sass s! § � sass■& f f !§§ � |e , § _ 000 . 0v - . w0,o„ © - .N . r ■ !■ ! � , , ` �- � -. � , , ,..� e ■ ... ■ K |■ | � | � | -,. ■ , . ■ .. ... ■ � ,- . ■ .-- -- - ------ � ||| ■ | ffffff f !| � 7 ! ~ !! � ! ; �i | | , $� $ • || � LL m ~ N D0000 sagas ;t M LL L �x( 0 0 0 0 0 b p p Q p p saaaa ♦ !� N C 9 000eo K o �! aas&& fw A A a w LL I if M r r w rr N �? 'R 4 EIBIT B CE gEQTJIREM+GREE ENTS FOR ��N;UtrrXXNrf SERVICES A CO Bement,insurance anon of the Agr arise fromor in Insurance procure and maintain for the duration rtywhich m Y agents, persons ma or u,damage de by the Contractor,then The Contractor or I to of the against claims for injrmance ctors. connection with loyees or Subcontra representatives,emp .A. Minimum Scope of Insurance of the types described below: ed,hired and obtain insuranceatl non-o`'m Contractor shallinsurance covering overin en on Insurance in et u Valent l Automobile Lia e shall be written rovidin ed to leased vehicles.CoCA 00 01 or a substitute form p ISO)form essary,the policy shall be endorsed Office t coverage. If nee covetage. liability 1 liability written on ISO provide contxacWa instance shall be ene 1 Lia ili ansing frometed Commercial 00 Ol and shall cover of products-comp 2 occurrence fom'Cf" independent contract . . and liability operations ul�d advertising 1nJ ', premises, sonal' j operations, an msmed contract. Consultant's assumed underinsurance appropriate to the 3 Pr fe sional Liabiljty the Industrial profession• coverage as recOired by Workers' Co a Sn a s to of Washington- 4. gsurance laws of the lVl. Imum Amounts of Insurance • insurance limits: le limit e following minimum comb er accident. Contractor shall maintain the insuranced age o 11,000,000 p 1 pu omob'le Liabial'ind property n with limits no for bodily injury insurance shall 0e general aggregate ll be wn ate Comm rcial eral Liabili -occurrence,operations egate limit• 2 000 occurrfeted oparions aggr less tha,,,WAG$ ' prod,is-comp its no less and a$ l be written with lim insurance shall Policy aggregate limit l Liahili d$1,000, p 3 $1 0000,000 pe,claim an EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be 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,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. 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, 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. Client#: 19394 PORTI ACORD. CERTIFICATE OF LIABILITY INSURANCE o 12405°°"""Y' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI Northwest of Washington ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1001 Fourth Avenue Suite 1800 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle,WA 98154 206 695-3100 INSURERS AFFORDING COVERAGE NAIC II INSURED INSURER A US F&G Insurance 19917 Portico Inc.dba:The Portico Group INSURERB Liberty Insurance Underwriters Inc 217 Pine Street,2nd Floor INSURER Seattle,WA 98101-1500 INSURER INSURER E COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTA TYPE OF INSURANCE POLICY NUMBER POLICY EFFE EXPIRATIONMIDDIVY UMIT8 A GENERAL LIABILITY SK01423483 07/11/04 07/11105 EACH OCCURRENCE si 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1 OOO OOO CLAIMS MADE 51 OCCUR MED EXP(Arty one pe ) $1 O 000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $1,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $1000000 POLICY X ° Loc A AUTOMOBILE LIABILITY BK01423483 07/111" 07/11/05 COMBINED SINGLE UNIT S1,000,000 ANY AUTO (Ea acWenq ALL OWNED AUTOS BODILY INJURY $ SCFIEDULED AUTOS (Per Paraon) X HIRED AUTOS BODILY INJURY $ X NON4"EDAUTOS (Par awdent) PROPERTY DAMAGE $ (Per amdent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE S S DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND BKO1423463 07/11/04 07/11/05 we sogy TATU X OTN- EMPLOYERS'LIABILITY E1L WAS ANY PROPRIETORRARTNERIEXECUTNE �Gap) E L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $1,000,000 S PRONBION$below EL DISEASE-POLICY LIMIT I s1 000000 B OTHER Professional AEE1972920104 07/23/04 07/23/05 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re:Project No.4017.02,Town Square Park/Kent Municipal Block The Certificate Holder is named as an Additional Insured on the General Liability Policy,with respects to operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL An DAYS WRITTEN Parks Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn:Perry Brooks IMPOSE NO OBLIGATION OR UAMUTY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 220 Fourth Avenue South REPRESENTATIVES. Kent,WA 98032 AUTHORIZED ATNE ACORD 25(2001108)1 of 2 #S1456821M130443 6DS a ACORD CORPORATION 1988 Policy Number. BKO14234s3 Liability Coverage Enhancement- Architects and Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following. LIABILITY COVERAGE PART. 1. The following replaces the final paragraph of (a) Your negligence;or SECTION If.WHO IS AN INSURED,!.. (b) The negligence of another person or However,no person or organization is an insured organization for whom you are with respect to the conduct of any current or past liable; partnership, joint venture, limited liability company or trust that is not shown as a Named (2) 'Bodily Injury", 'property damage', Insured in the Liability Coverage Part 'personal Injury' or 'advertising injury" Declarations This provision does not apply to you, for which such person or organization for your participation in any past or present has assumed liability in a contract or 'unnamed joint venture", or if that person or agreement, except for liability for organization is otherwise an insured under damages that such person or Paragraph Z below. organization would have in the absence of the contractor agreement, 2. The following is added to SECTION H. WHO IS AN INSURED,2.: (3) 'Property damage"to Person Or Organization Required By (a) Property owned, used or occupied Written Contract by, or loaned or rented to, such person or organization, Any person or organization that you agree to add as an insured under this Liability (b) Property over which such person or Coverage Part in a written contract or organization is for any purpose agreement that is made before, and in effect exercising physical control,or when, the "bodily injury' or "property (c) 'Your work' performed for the damage' occurs or the offense that causes insured,or the personal injury' or'adveRlsing injuryo is first committed,but only with respect to that (4) 'Bodo ' person's or organization's liability arising out Y injury",1 ►Y . property damage*, of 'your work` for that person or 'Personal Injury" or 'advertising injury" arising out of any architect's, engineers organization or surveyors rendering of, or failure to However,such person or organization is not render,any*professional service', when an insured with respect to any: such person or organization is an architect,engineer or surveyor (1) 'Bodily injury", "property damage', "personal injury" or 'advertising injury' 3 The following is added to SECTION If. WHO IS AN that does not arise out of* INSURED: CU13F 26 09 09 03 Incddes coppoted metenal of Insurance Services office with its pemsssion Page 1 of 3 Copyrot Insurance Services office,Inc 2001 "Unnamed Joint Venture" Insurance" This insurance will then be applied as primary insurance for You are an insured for your participation in any damages for 'bodily injury", "property past or present'unnamed joint venture". damage', 'personal injury' or However,you are not an insured if the"unnamed 'advertising injury" to which this joint venture'has: insurance applies and that are incurred by such person or organization, and we a. Direct employees;ar will not share those damages with such 'other insurance'. b. Owns, rents, or leases any real or personal property. 6. The following is added to SECTION IV. CONDITIONS, 5. "Other Insurance", b. Excess No other member or partner, or their spouses, of Insurance: any past or present"unnamed joint venture"is an insured. This insurance is excess over any "other Insurance' whether primary, excess, 4. The following replaces SECTION Ill. LIMITS OF contingent or on any other basis that is LIABILITY,2.b.: available to you for your participation in any past or present'unnamed joint venture' b. Will apply separately to the sum of all: 7 The following is added to SECTION IV. (t) Damages because of "bodily injury' and CONDITIONS, 8. Transfer Of Rights of Recovery "property damage", under SECTION 1. And Proceeds Against Others To Us: COVERAGE,A Liability above,and However, we waive any right of recovery and {2) Medical payments for 'bodily injury', proceeds we may have against any person or under SECTION 1. COVERAGE, B. organization that is added as an additional insured Medical Payments above; under the Paragraph Person Or Organization Required By Written Contract of SECTION II. arising out of each location listed in the WHO IS AN INSURED,2.. Schedule of Premises or each of 'your projects", and a. Because of payments we make for 'bodily injury', 'property damage', 'personal injury' 5. The following replaces SECTION IV. CONDITIONS, or 'advertising injury' arising out of "your 5."Other Insurance",a.Primary Insurance,(2Y work' in ongoing operations or included in (2) However, this insurance will be the "products-completed operations hazard", considered primary to, and non- and contributory with, 'other insurance' b. Performed under a written contract or issued directly to a person or agreement that is made before,and in effect organization added as an additional when, the 'bodily injury" or "property insured under SECTION IL WHO IS AN damage' occurs or the offense that causes INSURED,2.. the"personal injury' or'advertising injury' is (a) Paragraph h. Certain Additional committed;and Insureds By Contract or c. You specifically agree in such written Agreement,or contract or agreement to waive those rights (b) Persons Or Organizations of recovery and proceeds for such person or Required By Written Contract; organization if you specifically agree, in that written 8 The following are added to SECTION V. contract or agreement, that this DEFINITIONS. insurance must be primary to, and non- contributory with, such "other CUSF 26 0909 03 Includes copyrighted meterbl of Insurance services Office with its pernsssion Page 2 of 3 Copyright Insurance Swam Office,Inc.2001 "Unnamed joint venture" means any joint venture in which you are a member or partner where: a. Each and every one of your co-ventures in that joint venture Is an architectural, engineenngor surveying firm,and b. That joint venture Is not named in the Liability Coverage Part Declaration "Your premises' means any premises, site, or location owned or occupied by,or rented to,you. "Your project": a. Means any premises, site or location at, on, or In which your work' Is not yet completed; and b. Does not include 'your premises" or any location listed In the Schedule of Premises, All other terms of your policy remain the same. CL/eF 26 C9 09 03 Includes copyroted material of Insurance Services office with its permission Page 3 of 3 Copynght Insurance Services office,Inc 2001