HomeMy WebLinkAboutPK05-131 - Original - Porticom, Inc. - Downtown Gateways/2nd Avenue Improvement - 02/01/2005 Records Managemen' t
KENT
WAEMINOTON Document
I i
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: iee 7Aed Ae,
Contract Number: PKoss 131
This is assigned by Mary Simmons
Vendor Number.
Project Name: 6nLzf l,'ea
Contract Effective Date:
Contract Termination Date:
Contract Renewal Notice(Days):
Number of days required notice for termination or renewal or amendment
Contract Manager =94
Department:
Abstract: >
ADCUB32 07ro2
a
•
KENT
WASHINGTON
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 4 h 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 Downtown Gateways/2nd Avenue Improvements
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.
II. 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 February 28, 2005.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Nine
Thousand, One Hundred Thirty-Nine Dollars and NO/100ths ($9,139.00) 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- I
(Under$10,000)
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERNIINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction, except as provided in
Section X.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of
this Agreement, except for that portion of the injuries, losses, and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
CONSULTANT SERVICES AGREEMENT-2
(Under$10,000)
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
' Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request.
The City's, or any third party who obtains records and documents from the City, use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than Consultant on any other
project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provide d,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three(3)business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
CONSULTANT SERVICES AGREEMENT-3
(Under$10,000)
t F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in vRiting 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. Compliance 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.
CO T. CITY OF KE T:
Z JLL,
By:
(signature) Wiaturo
Print Name: Dennis Meyer Print ame. John M. Hodgson
Its: Principal Its: Director.
DATE: f : DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Dennis Meyer Perry Brooks
Portico Inc. Kent Parks, Recreation& Community Services
1500 4th Avenue,Third Floor 220 Fourth Avenue South
Seattle, WA 98101-1670 Kent,WA 98032-5895
(206) 621-2196(telephone) (253) 856-5114(telephone)
206 621-2199 facsimile (253) 856-6050(facsimile)
2"Avenue ImprovementODowntown Gateways
CONSULTANT SERVICES AGREEMENT-4
(Under$10,000)
` a
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 k6 day of J0404 "T , 2005.
By: a7 W I(4A PFOA w Qj�
For:
Title: ��.
Date:
EEO COMPLIANCE DOCUMENTS- 1
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:
I. 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
y
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
4
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of Portico Inc. Company, hereby acknowledge and
declare that the before-mentioned company was the prime contractor for the Agreement known as 2nd
Avenue/Downtown Gateways Improvements that was entered into on the (date) , between the firm I
represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of 2005.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTAW SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services
Office(ISO)form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary,the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors,products-completed
operations,personal injury and advertising injury, and liability
assumed under an insured contract.
3. Professional Liability insurance appropriate to the Consultant's
profession.
4. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile LL&Uf y insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no
less than$1,000,000 each occurrence, $1,000,000 general aggregate
and a$1,000,000 products-completed operations aggregate limit.
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and$1,000,000 policy aggregate limit.
�,� �, �Co4tinaec�l
Ix+sUYance�ovtslons ngprovtsions
Other n.orsed to coma t he fcoe low"
C.
e
gal-L,iabihty the Giw'
aC murex i Gen y.Ooace a�edby the City
ce policies axe to
cgvexage shallbe o01 c°verage Out
it.
The'ns"m bile hiabiltty uran insnx 'ce F shall not
Ant° ce
fax star°sins insmm�ce an
l. the C°uxanGe,self ontr ctox 5 e shall not be
ball ns eXces,of�' that Govera�. ail,xetnn'
all be dorsed to�t notice by Gext�f iea m
n
prance s( p�days xWrI exceFt
e Contractor' hex thu�5` iven to the G�ty eg on all polio he Gntractox
2• cancelled, es ed,b� en additla ed Y ox onbehuLt of
ce G°n
rece1Ft xeQ 'Wet
pexf of a11iA nce sh a so ham
shall w cop9. uxa t w
of x ent . . Liability nred ag in
The ssi ser'ria�sl e rtxi ;tint G exc .1 Genettew ct do the Winits of 'e s'uex s
3' pxofessianal L vexa�e shall clo rye Fe,Me City re Contmctox
licies•
e
lause stabn o�suit isbxauot'ex
claim is 10 $eSt
D ratln�y°f n°t less than
liabll�ty otXns'arers a current Q,Ni.
AccQptab111ty
' surexs
in
Insuf
ance is to be p1a' o fe amendatory
ost th origuial cecti tr of the Contractor bef°xe
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. �,ish the Civs�nce xeAnirem
Contractor shall eviative'i the
e QaA en emen° °xk
wish
° under its p°liGovees�age r S �af u
Gtors insureds x All G as stated herein
Sub contra tots she insnce°egnxements
F all subcontxac for each subGO
ll inclnd d end emnents
Contractor shy Gates an sub]eCt to all of tli
seF�te Gextt shall be
subcontraGtaxS
for the Contractor.
Clien : 19394 PORTI
ACORD- CERTIFICATE OF LIABILITY INSURANCE of i os°'""�
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#
INSURED INSURER U S F&G Insurance 19917
Portico Inc.dba:The Portico Group INSURERS Liberty Insurance Underwriters Inc
217 Pine Street,2nd Floor INSURER C
Seattle,WA 98101-1500 INSURER
INSURERS
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
LTR TYPE OF INSURANCE POLICY"LOOM POLICY EFFEC EXPIRATION LIMITS
A GENERAL LIABILITY BKO1423483 07111/04 07/11/05 EACH OCCURRENCE a1000000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED E1 000 000
CLAIMS MADE Q OCCUR MED EXP(Any a pe ) $1 O 000
PERSONAL B ADV INJURY E1 000 000
GENERAL AGGREGATE E1 00O 000
GERL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG $1 OOOOOO
POLICY X JECT PRO- LOC
A AUTOMOBILE LIABILITY BKO1423493 07111/04 07111/05 COMBINED SINGLE LIMIT
ANY AUTO
(Ea aoddenl) E2,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per P 8 ) $
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Par■eident) $
PROPERTY DAMAGE $
(Par aowmt)
GARAGE IJABLLITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCESSAIMBRELLA LIABN.RY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE S
a
DEDUCTIBLE $
RETENTION S $
A WORKERS compeRsATIDN Am BKO1423483 07111104 07/11/05 1 TM8UTAA I X I On+
SOYEW TOWPLIABILITY
ANY PROPRIETOWPARTNERIEXEDUTIVE (E1L WA Stop Gap) EL EACH ACCIDENT $1,000,000
OFFICERIMEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $1000000
WSPECIAL yn,aSKINS below EL DISEASE-POLICY UMn S1 OOO OOO
B IOTHER Professional AEE1972920104 07/23104 07/23/05 $1,000,000 per claim
Liability $1,000,000 annl aggr.
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re: Project No.4017.01,Downtown Gatewaysl2nd Ave Improvements
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 In DAYS WRITTEN
Parks Department NOTICE TO THE CERTMCATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Attn:Perry Brooks IMPOSE NO OBLIGATION OR LIABILITY OF ANY VMD UPON THE INSURER,ITS AGENTS OR
220 Fourth Avenue South REPRESENTATIVES.
Kent,WA 98032 AUTHOROW MPRESENTATIVE
ACORD 25(2001108)1 of 2 #S1456811M130443 6DS 0 ACORD CORPORATION 1988
4
Polley Number. BK0142M3
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 II.WHO IS AN INSURED,I..
(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 Par '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 2.below organization would have in the absence
of the contract or agreement,
2 The following is added to SECTION II. WHO IS AN
INSURED,2.: (3) 'Property damage"to.
Person Or Organization Required By (a) Property awned, 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 advertising injury is
first committed,but only with.respect to that (qj "Bodily injury', 'property damage',
person's or organization's liability arising out 'personal injury' or 'advertising injury'
of 'your work" for that person or arising out of any architect's, engineer's
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", 3 The following is added to SECTION II. WHO IS AN
'personal injur or "advertising injury' INSURED
that does not arise out of
CUBF 26 09 09 03 Includes copyrighted material of Insurance Sam=office with its pernassion Page 1 of 3
Copyright 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;or 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'urnamed 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.
(1) Damages because of 'bodily injury' and CONDITIONS,8. Transfer Of Rights of Recovery
"property damage', under SECTION I. 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 persons 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
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Copyright Insurance Services Office,Inc 2001
Y`x-• 'Unnamed joint venture' means any joint venture
in which you are a member or partner whw:
a. Each and every one of your co-ventures in
that joint venture is an architectural,
engineering or surveying firm;and
b. That joint venture is not named in the Uability
Coverage Part Declarations
"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.
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Copfflot,Insurance services Office,Inc 2001