HomeMy WebLinkAboutPK06-141 - Original - The Portico Group - Town Square Plaza Design - 04/11/2006 Records Ma'n`a"`*Og"120meT = Document
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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:
Co
ntract Number:
This is assigned by Mary Simmons
Vendor Number:
Project Name:
Contract Effective Date:
Contract Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: �12VA�
Department:
Abstract:
ADCL7832 07/02
KENT
WASHINGTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
The Portico Group
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and The Portico Group organized under the laws of the State of Washington, located
and doing business at 1500 Fourth Avenue, Third Floor, Seattle, Washington 98101-1670 (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.
Complete Design Development and Construction Documentation for Town Square Plaza in Kent,
Washington, as desenbed, 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 within eight(8) months.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Two
Hundred Ninety-One Thousand, Seven Hundred Forty Dollars and NO/100ths ($291,740.00) 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 pnor
written authonzation 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 o f t he i nvoice n of i n d ispute. I n t hat e vent, t he p arties w ill i mmediately in ake e very
effort to settle the disputed portion.
CONSULTANT SERVICES AGREEMENT- 1
(Over$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. TERMINATION. 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, and agents 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 negligent 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 i s 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.
CONSULTANT SERVICES AGREEMENT-2
(Oi,ei $10,000)
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
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. E ven 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 o f the C ity and shall be subject to the City's general right o f
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, provided,
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.
CONSULTANT SERVICES AGREEMENT-3
(Over S10,000)
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 terns
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. Comphance 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.
CONSULTANT: CITY QF KENT:Q,
(scgi:nru�e� (signature) j
Print Name: Dennis Meyer Print Name: Suzette Cooke �f t �Afil
tz-
Its Principal Its Mayor 0 rz>
(Tale) ) (TfI
DATE- e) tD DATE ` I f` C� '
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Dennis Meyer Perry Brooks, Project Manager
Portico Inc Kent Parks, Recreation & Community Services
1500 4ih 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)
APPROVED AS TO FORM:
KK� U
nt Law Dtj ment
Town Square Plaza-Design Through Construction
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 bellow, I agree to fulfill the five requirements referenced above.
Dated this { day of 2006.
By:
For:
Title: �{/�
Datel �j Zdd Y
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:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement
I, the undersigned, a duly represented agent of Portico Inc. Company, hereby acknowledge and declare
that the before-mentioned company was the prime contractor for the Agreement known as Town Square Plaza
Design Through Construction 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 12006.
By.
For:
Title:
Date-
EEO COMPLIANCE DOCUMENTS-3
EXHIBIT A
it{C
POIZ11C t)
January 18,2006
Mr Perry Brooks
Parks Planning&Development
Parks, Recreation&Community Services
220 Fourth Ave S
Kent,Washington 98032-5895
Dear Perry,
Congratulations on your City Council voting for the Kent Town Square Plaza last month Dennis and I
enjoyed being there for the groundbreaking ceremony.
With our December proposal of$24,814,we've been able to continue with Design Development This
proposal completes this phase, and provides us with the fees to take the Plaza and Streetscape through
Construction Documentation
Our understanding of the current construction budget is$2,800,000 for the Plaza.,and$537,000 for the
Streetscape (2"d Ave &W Harrison St)for a total of$3,337,000 This proposal is broken down by the
following phases and Time and Materials fees.
Phase I Fee
Completion of Design Development. $ 77,566
Phase II Fee
Construction Documents $214,174
Total $291,740
We look forward to discussing any aspect of this proposal that you wish Please feel free to contact me or
Dennis Meyer at any time
Sincerely, The Portico Group
Todd Black, ASLA
Sr Associate
(attachment)
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ATTACHMENT B
INSURANCE REQUIREMENTS FOR
CONSULTANT 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. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 11 85 There shall be no
endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO additional
insured endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage
2. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
3. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits.
1. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $1,000,000 general aggregate
and a$1.000,000 products-completed operations aggregate limit
2. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and$1,000,000 policy aggregate limit.
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 by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City
3. The City of Kent shall be named as an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of the contractor
and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance The City reserves the right to receive a certified copy
of all required insurance policies The Contractor's Commercial General Liability
insurance shall also contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements,including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
_ Chent#. 19394 Furl I.
DATE[MMI'
A '"ORU, CERTIFICATE OF LIABILITY INSURANCE 07118/05DI rr)
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 INSURERA U S F&G Insurance 19917
Portico Inc, Elba:The Portico Group INSURER B Liberty Insurance Underwriters Inc
1500 4th Avenue, 3rd Floor INSURER C
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
INSR ADD L
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR NSR DATE MMIDD/YY DATE MMIDD/YY
A GENERAL LIABILITY BKO1423483 07/11/05 07111/06 EACH OCCURRENCE s2,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPREMISES(Ea cmunence) $2000000
CLAIMS MADE Fx�OCCUR MED EXP(Any one person) $10 000
PERSONAL&ADV INJURY s2000,000
GENERAL AGGREGATE $4 000 000
GEN'LAGGREGATE LIMITAPPLIES PER PRODUCTS-COMPIOPAGG $4000000
POLICY X PRO-
JECT LOC
A AUTOMOBILE LIABILITY BKO1423483 07/11/05 07/11106 COMBINED SINGLE LIMIT
ANY AUTO (Ea accident) $2,000,000
ALL O W NED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIREDAUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Peraccident)
GAR AGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
A WORKERS COMPENSATION AND BKO1423483 07/11/05 07/11/06 WCSTATU- I X OTHFR
-
EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE (WA Stop Gap) E L EACH ACCIDENT $1,000,000
OFFICER/MEMSER EXCLUOFD? EL DISEASE-EA EMPLOYEE $1,000,000
If yes descnbe under
SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $1,000,000
B OTHER professional AEE1972920104 07/23/05 07123106 $5,000,000 per claim
Liability $5,000,000 annl aggr.
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re: Project No.4017 04, Schematic Design Services for the Town Square
Park &2nd Avenue Improvements Projects.The Certificate Holder is named as
an Additional Insured on the General Liability Policy,with respects to
operations of the Named Insured.Waiver of subrogation applies.
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 _4 1 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 LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
220 Fourth Avenue South REPRESENTATIVES
Kent,WA 98032 AUTHORIZED JREPRESENTATIVE
ACORD 25(201 1108) 1 of 2 9M160364 6DOJU 0 ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed A statement
on this certificate does not confer nghts to the certificate holder in lieu of such endorsement(s).
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 endorsements)
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon
\CORD 25-S(2001/08) 2 of 2 #M160364
Policy Numbet: 8KO1423483
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,1.
(bl 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 2,below organization would have in the absence
of the contract or agreement,
2 The following is added to SECTION 11. 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
damage" occurs or the offense that causes Ic► "Your work" performed for the
the "personal injury" or "advertising injury" is insured,or
first committed, but only with respect to that (4) "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 surveyor's 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 11. WHO IS AN
that doesnot arise out of INSURED
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"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
jointventure"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"
h. 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.
(1) 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 If.
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 or
5."Other Insurance",a. Primary Insurance,(2): 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 II.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 e. 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
"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,
engineering or surveying firm,and
b. That joint venture is not named in the Liability
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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