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HomeMy WebLinkAboutPK07-034 - Original - Earth Consulting, Inc - Naden Avenue Assessments - 1/30/07 �� 1q Records Ma- a- � emen _- g KENT Document WASHENGTON 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: rllYl ��lG/�//l/. 1f1� Contract Number: This is assigned by Mary Simmons Vendor Number: Jy,339�2 Project Name: IVII A /IymC6 Contract Effective Date: Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: ,� / �'� Department: 40�z Abstract: ADCL7832 07102 . y KENT Wns.IH-roH CONSULTANT SERVICES AGREEMENT between the City of Kent and Earth Consulting, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Earth Consulting, Inc organized under the laws of the State of Idaho, located and doing business at 1805 136'h Place NE, Suite 201, Bellevue, Washington 98005 (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 Perform a Phase I environmental site assessment (ESA) of the Robinson Property (924 West Meeker Street) and the Martinez Property (108 Naden Avenue), part of the Naden Avenue Assemblage, and provide a written report containing the results of the Phase I ESA as described on the Consultant's Proposal dated October 31, 2006 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 within thirty(30) days. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Thousand, Two Hundred Dollars and NO/100ths ($1,200.00) for the services described in tlus 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 (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. 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 If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. 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. VIL 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 compection with the Consultant's performance of this Agreement, except for that portion of the inluiies 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 ansmg 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 (Under$10,000) X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, desib ns reports, on 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 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 of the City ands hall b e 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 C 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 ansmg 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 clamp 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 marling by registered of certified marl, 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 assigmnent 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) F Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in wilting 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 alteung 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 t 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. O TA CITY OF DENT: By (scgnnture) 'sign' sign Lure) Print Name. Richard N. Simpson Prin e Jeff Watling Its. Manager Environmental Services Its. Director (Title) (Title) DATE: "� c��, DATE: 1_�10�07 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Amanda L. Cote Perry Brooks Earth Consulting, Inc. Kent Parks, Recreation & Community Services 1805 1361b Place Northeast, Suite 201 220 Fourth Avenue South Bellevue, WA 98005 Kent, WA 98032 (425) 643-3780 (telephone) (253) 856-5114 (telephone) (425) 746-0860 (facsimile) (253) 856-6050 (facsinlrle) Naden Avenue L.nvuonmcntal Assessments(Robinson&Maiunez Properties) CONSULTANT SERVICES AGREEMENT-4 (Under S10,000) t 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 1�, day of OOyt,r,, . 2006. B For: r � 4v Title: E 1 Wl(W1 (V\Q ��II� W lC Date EEO COMPLIANCE DOCUMENTS- 1 ' l 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 S 10,000 or more within any given year, must take the following affinuative 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 Earth Consulting Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Naden Avenue Environmental Assessments (Robinson and Martinez Properties) that was entered into on the (date) between the fine 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 2006 By For: Title- Date EEO COMPLIANCE DOCUMENTS-3 r EXHIBIT A EARTH CONSULTING INCORPORATED ❑Environmental Services ❑Geotechnical Engineenng O Construction Materials Testing ❑Special Inspections October 31, 2006 Mr. Perry Brooks City of Kent 220 Fourth Avenue South Kent,Washington 98032 PBrooks@ci.kent.wa.us PROPOSAL PHASE I ENVIRONMENTAL SITE ASSESSMENT ROBINSON PROPERTY — 924 MEEKER STREET MARTINEZ PROPERTY — 108 NADEN AVENUE KENT,WASHINGTON Proposal No. PR-12274-3 Dear Mr. Brooks: Earth Consulting Incorporated (ECI) is pleased to submit this proposal to perform a Phase I environmental site assessment (ESA)for the above-referenced site. The purpose of this ESA is to provide environmental information related to historical site usage and current conditions to assist in your assessment of the property PROJECT DESCRIPTION The subject property consists of two contiguous parcels, currently identified as the "Robinson Property" and the "Martinez Property" located at 924 West Meeker Street and 108 Naden Avenue, respectively, in Kent, King County, Washington. The King County Assessor's office identifies the parcels with the following tax identification numbers: 2422049103 and 2422049102. Based on your description of the properties, both are currently developed with a single-family residence. It Is our understanding this Phase I ESA will be used to evaluate possible environmental risks associated with the site. ESA reports are valid for 180 days. This Phase I ESA will be performed in accordance with current American Society of Testing and Materials (ASTM) International Standards (ASTM E1527). 1805 13BM Place Northeast,Suite 201 • Bellevue,Washington 98W5 • (425)643-3780 • Fax(425)746-0860 Proposal for Phase IESA PR-12274-3 October 31,2006 ECI requests you provide any available documents such as: A site plan • Chain-of-title showing site ownership and lease holder information for the site • All existing environmental reports applicable to the subject property including, but not limited to, Phase I and II ESAs and/or geotechnical studies • Site contact information ECI would like to receive this information prior to completing the project report so that it can be reviewed and included in the Phase I ESA report. SCOPE OF SERVICES Task 1—Site Historical Assessment f ECI will review available historical information to develop a chronology of site ownership and usage. This will be accomplished by acquiring, whenever available and relevant, the following types of materials: city building department records, Sanborn fire insurance maps, city directories, aerial photographs, archival records, county files, and other material made available to ECI. ECI will attempt to interview available persons knowledgeable about the site, which will include at a minimum the site owner and any current tenants. The objective of this Phase I ESA will be to identify current and past land use on the subject property or adjacent properties that may be environmentally significant to conditions on site. Businesses associated with the site may suggest a potential for spills, leaks, or other releases of contaminants to the site Task 2—Regulatory Agency File Review This task will address pertinent regulatory issues related to environmental conditions at the subject property and properties within the ASTM specified search radii. We will review available file information from inspections, underground storage tank (UST) registrations, waste discharge permits, disposal records, and other environmental quality information, as warranted. Existing regulatory information will be collected and the focus of regulatory concerns for the property will be assessed In terms of the impact to site soils and groundwater. EARTH CONSULTING. INC. Page 2 Proposat for Phase I ESA PR-12274-3 October 31,2006 ECI will also review available information relating to the subject property from the city building department, if warranted, and from the following government information sources. The mileage distance after each listing refers to the radius area, which will be reviewed for this Phase I ESA. • EPA Emergency Response Notification System (ERNS)--List of EPA responses to sudden or accidental releases of hazardous substances to the environment(subject property) • EPA National Priorities List(NPL)—List of Superfund sites(1.0 mile) EPA Region 10 CERCLIS—List of site currently being reviewed by the EPA (0.5 mile) • EPA Region 10 RCRA Treatment, Storage, Disposal (TSD) Facility Notifiers List—List of hazardous waste TSD facilities (1.0 mile) • EPA Region 10 RCRA Notifiers—List of generators,transporters, and disposers of hazardous waste (adjacent properties) • Department of Ecology's (Ecology) Toxics Cleanup Program (TCP)List—List of sites other than leaking UST sites that are being cleaned up under the Model Toxics Control Act or are currently being investigated by Ecology, including Hazardous Sites List, Site Registers, and Confirmed and Suspected Contaminated Sites Reports (1.0 mile) • Ecology's UST Registration List—List of USTs registered in the State of Washington (adjacent properties) • Ecology's Leaking UST (LUST)Site List—List of registered leaking USTs in the State of Washington (0 5 mile) • Local Landfill Documentation—List of known active and abandoned solid waste landfills and transfer stations for the site vicinity(0.5 mile) Task 3--Site Reconnaissance A site reconnaissance will be conducted to identify obvious visual signs of potentially environmentally significant contamination caused by current and/or past property activities. Site photographs and field notes will be taken to document our observations. Persons knowledgeable about conditions, both current and historical, on the subject property or adjacent properties will be interviewed. EARTH CONSULTING,INC Page 3 Proposal for Phase I ESA PR-12274-3 October 31,2006 Our site reconnaissance will include visually checking for evidence of surficial spills, stained soils, oil sheens in storm water trenches, illegal dumping, irregular topography such as mounds or berms, illegal drug lab paraphernalia, and signs of vegetation distress on the subject property which may be indicative of environmental concerns We will visually check for evidence of USTs such as pump islands, fill ports, and vent pipes. However, as USTs are subsurface structures that may not be identifiable from the surface, we do not guarantee that our reconnaissance will Identify all on-site USTs. No subsurface exploration will be performed during the course of this Phase I ESA. During this task effort, if transformers are observed, we will contact the appropriate electric utilities to inquire if on-site, utility-owned pole or pad-mounted transformers or electrical switching equipment currently or previously contained polychlorinated biphenyls (PCBs). We also will observe adjacent properties to identify obvious potential environmental concerns that would be expected to affect the subject property. We will conduct a drive-by reconnaissance in the immediate vicinity to assess land use in the region of the property. However, we will not trespass or enter adjacent property structures. Our opinion of adjacent properties shall be limited to the referenced regulatory lists and based on our ability to observe the identified properties during the time of our site reconnaissance. Task 4--Information Summary and Report Presentation A Phase I ESA report will be prepared to present our site observations, findings, conclusions, and recommendations The report will include an interpretation of our findings generated from the historical review, the regulatory agency file review, and the site reconnaissance. The information will be analyzed with respect to indications of existing on-site contamination and evaluated for determining potential impacts to the site, We will prepare a site plan showing areas of potential environmental concern for the property. Work Scope Exclusions in Phase I ESAs 1. This Phase I ESA work scope does not include an environmental compliance and permit audit of past or present site activities. 2. Sampling and chemical testing by analytical laboratories of site surface water, groundwater, soil, air, or building material samples is not part of this Phase I ESA scope. 3. ESAs are separate from, and do not include, any geotechnical engineering study services. EARTH CONSULTING,INC. Page 4 Proposal.for Phase I ESA PR-12274.3 October31,2006 SCHEDULE We expect to start work immediately after receiving your written authorization to proceed. Depending on the availability of pertinent documentation, a written report containing the results of the Phase I ESA will be completed within two weeks. The schedule and cost in this proposal are valid for a period of 30 days. FEE ECI will conduct a Phase I ESA using the scope of work outlined above for a fee of$1200. This proposal cannot be changed unless it is mutually agreed that the project scope has changed from that described in this proposal. The terms under which our services are offered are stated in the attached Standard Fee Schedule and Professional Services Contract, which are made a part of this agreement. These costs assume that: • You provide copies of available and relevant site background information, including the property profile and any known previous environmental study or geotechnical study reports, to ECI. • You provide a plat map. • Site environmental or use conditions are not found to be significantly more complex or different than expected, as outlined In the "Project Description" section of this proposal. If unexpected conditions are encountered, the client will be contacted. Any change In the scope of work for this Phase I ESA must be agreed upon in writing by the client prior to commencing the work.An Invoice for all work will be submitted to you, as our client,within 30 days after completion of the report. CLOSU REIAUTH ORIZATI O N i Please review the scope and assumptions presented in this proposal Should you have any questions or comments or should you wish to amend the scope, please contact the undersigned at (425) 643-3780. All services will be conducted In accordance with this proposal and our contract. To initiate services, please complete and return the attached Proposal Acceptance Agreement and Professional Services Contract forms EARTH CONSULTING,INC Page 5 I Proposal for Phase I ESA PR-12274-3 October 31.2006 We appreciate the opportunity to provide this proposal and look forward to supporting you on this project. Respectfully submitted, EARTH CONSULTING INCORPORATED �A nda , Cote, M c Environmental Project Scientist MORNS/skp Attachments: Proposal Acceptance Agreement Standard Fee Schedule Professional Services Contract EARTH CONSULl7NG,INC Page 6 EARTH CONSULTING INCORPORATED PROPOSAL ACCEPTANCE AGREEMENT PHASE I ENVIRONMENTAL SITE ASSESSMENT ROBINSON PROPERTY—924 WEST MEEKER STREET MARTINEZ PROPERTY—108 NADEN AVENUE SOUTH KENT, WASHINGTON ECI Proposal No. PR-12274-3 Proposal Date: October 31, 2006 CONFIRMATION OF BILLING INFORMATION Invoices will be charged and mailed to the account of: Firm: Attention: Address: City: State: Zip Code: Telephone: Fax: Does your company require a purchase order number on our invoice? PO # Does your company require a subcontractor number? Subcontractor# Property Owner Identification (if other than above): Name: Street Address: City: State: Zip Code: Telephone: Fax: Please note that Earth Consulting Incorporated (ECI) reserves the right to withhold all reports until such time as ECI receives a signed Proposal Acceptance Agreement and Professional Services Contract or other written authorization referencing this in its entirety This AGREEMENT together with ECI's proposal, Standard Fee Schedule, and Professional Services Contract constitutes the entire agreement between the client and ECI,and supersedes all prior written or oral understanding 's CP EARTH CONSULTING INCORPORATED STANDARD FEE SCHEDULE Geotechnical Engineering, Monitoring, & Testing Effective June 1,2006 Schedule of Charges-The compensation to EARTH CONSULTING INCORPORATED(ECI)for our professional services is based upon the conditions set forth below A new schedule of charges is issued periodically Unless other arrangements have been made,charges for all work,including continuing protects initiated under the prior fee schedule,will be based on the latest schedule of charges ISenior Protect Manager... .................................. ................. .................................................. $ 1151hour ProtectManager...... ... ........... ......._.............. ................................................................... 1051hour Protect EngineedGeologist. .................................. . ...................................... ....................... $ 951hour Senior Staff Engineer/Geologist .........................._ .......................................... ....................... $ 85/hour StaffEngineer/Geologist.. .......... ........... ...................................................................... $ 80/hour Technician Supervisor.... ...... ........... .. ....................................... .... ..... . .................. 75/hour Senior Technician............ .... .. ........................................ ... .................. . .. .. ...... $ 65/hour Technician.. . .. ........ . ............. . . .................. . ...... ........................................ $ 55/hour QualityControl. . ...................... .. ....... ...................................... .. ............. . . . ... . . $ 75/hour Draftsperson.......... ... .. . ................. .................. .... ........ $ 75/hour Word Processor/Protect Assistant . .............. .... . . .. . ........ ........ ..... ..... ..... ... $ 49/hour Principal.... . . ..... .. .................. ... ..................... ...... ... ... $ 160/hour Associate Principal ............. ....... . ......................................... . . ... .... ..................... $ 140/hour Legal Testimony and Preparation.. . . . . ..................................... . ............... 15 Times the Standard Rate Grain Size Distribution .. .......... ..... .... ... ................. . ...... ..... ........... $ 80 Moistures .. ... .. .... .............. ...... ......... .................. ........................................... $ 10 Laboratory Compaction Test(Proctor) . . .. . ....................... . ...... .... .. . ..... $ 195 Other Laboratory Testing. . . . . ............................................... ........ ... ..... ....... Quote Equipment Charges. ..................................... ..... .............. .................... .. .... .... ........ Quote Vehicles. .. ..... ........................ .. ..... . ......... ..... . . ........ . ..... ............. $ 0 60/mile Outside Services,Subcontractors,and Expenses . . .............. ° Out-of-Town Subsistence and Travel Cost+15% NOTES: 1. A minimum of two hours will be charged for each site visit. Review of field data and consultation by senior professional staff will be according to the hourly rates listed above 2. Overtime rates of 1 5 times the regular rate will be charged for overtime hours if projects requirements make overtime necessary 3 Portal-to-portal travel will be charged at the above hourly rates Billing and Payment Cheat shall pay Consultant in accordance with the schedule of fees or charges as shown in die Proposal or fee schedule,or for a fixed pnce,as may be agreed upon ContulLait will submit to Client invoices for the balance due,which shall be due mid payable m rnediaiely upon subimsswn If Cheat objects to all or any portion of any invoice,Client will so notify Consultant in writing within 14 calendar days of the invoice date,identify the cause of disagreement,and immediately pay that portion of the invoice not in dispute In the absent.e of written notificau on described above,the balance as stated on the invoice shall be deemed accepted Invoices are delinquent if payment has not been receive l within 30 days from date of invoice In such event,Client shall pay an additional charge of 15 percent per month(or the maximum percentage allowed by law,wluchm er is lower)on any dclmgnent amount Payment thereafter will first be applied to seemed interest and then to the principal unpaid amount Consultant shall be entitled to recover for all staff time spent and expenses incurred(including any attorney's fees)in comiecuon with collection of any delinquent amount. EARTH CONSULTING INCORPORAT® Tel (4251 643 3780 1805 1361h Place Northeas- Fax 14251 746-0860 Suite 201 Toll Free 1-888-737-6670 Bellevue,Washington 98005 WWvv ea-mti coil EARTH -� PAGE 1 OF 2 EAR H NOVEMBER 1, 2006 CONSULTAJVTING E-12274 3 INCORPORATED ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT is made and entered into effective this Wednesday, November 01, 2006 by and between City of Kent(CLIENT) and Earth Consulting, Inc.(CONSULTANT)and is made with reference to the following facts and objectives, RECITALS: WHEREAS,CLIENT intends to have ECI Perform a Phase I ESA in accordance with the Proposal dated October 31,2006,for the Property at 924 West Meeker Street and 108 Naden Avenue in Kent, King County,Washington (Project) NOW, THEREFORE, in consideration of their mutual covenants, CLIENT and CONSULTANT herein agree, In respect of the performance of professional services by CONSULTANT and the payment for those services by CLIENT,as set forth below I SCOPE OF SERVICE The services to be performed by CONSULTANT under this Agreement are described In our attached proposal,and incorporated herein by this reference as though fully set forth Any estimated quantities contained in our attached proposal are estimates j only and CLIENT agrees that CONSULTANT is entitled to payment for reasonable services rendered in excess of the estimated quantities and/or cost figures as described in our proposal dated October 31,2006 it PAYMENTS TO CONSULTANT. CLIENT shall pay CONSULTANT for the services rendered hereunder in accordance with the fee and payment schedule attached in our proposal CONSULTANT shall submit monthly statements for services rendered and for reimbursable expenses incurred Administrative and/or management time for report review and preparation,schedule changes,and other project related activibes will be added to the inspectoes/technician's time All monthly statements submitted to CLIENT shall be due and payable at the time of the billing unless otherwise specified in this Agreement. If CLIENT fads to pay CONSULTANT within 30 days after receipt of monthly statements for services rendered and for reimbursable expenses incurred,CLIENT agrees to pay one percent interest per month until the monthly statements are paid in full CLIENT further agrees that nonpayment of monthly statements beyond a 75 day period constitutes a material breech of this Agreement with the exception of reasonably disputed amounts that upon written notice from CONSULTANT, the duty, obligations and responsibilities of CONSULTANT under this Agreement are terminated In such event CLIENT shall promptly pay CONSULTANT for all fees, charges and services as outlined in our proposal provided by CONSULTANT up to the date of termination III SERVICES CONSULTANT will act for CLIENT in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of the professional practicing in the same or similar locality of the Project site CONSULTANT makes no warranty, either expressed or implied, as to its findings, recommendations, specifications or professional advice CONSULTANT will provide only those services that, in the option of CONSULTANT, lie within the technical and professional areas of expertise of CONSULTANT as set forth in our proposal and which CONSULTANT is adequately staffed and equipped to perform CLIENT shall request in writing if CLIENT desires CONSULTANT to provide services outside of the scope of services described in our proposal, attached hereto CONSULTANT shall advise CLIENT in writing of any services that lie outside the technical and professional expertise of CONSULTANT IV. SAMPLE DISPOSAL Unless otherwise agreed to in writing,samples removed from Project site by Consultant to its laboratory will,upon completlon of testing, be disposed by CONSULTANT CLIENT further agrees the cost for disposal of Hazardous Materials to include the characterization costs shall be borne by CLIENT V CLIENT'S RESPONSIBILITIES CLIENT or CLIENT'S authorized representatives will provide CONSULTANT with all revised and updated plans, specifications, addenda, change orders, approved shop drawings and any other information for the proper performance of CONSULTANT pursuant to this Agreement CONSULTANT shall not be responsible for any errors and/or omissions in the performance of CONSULTANT'S work or services rendered resulting from CLIENT'S failure to provide CONSULTANT with revised and updated plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of CONSULTANT (CLIENT will arrange and provide access to each area in which it will be necessary for CONSULTANT to perform its work) A. INSURANCE CONSULTANT shall secure and maintain throughout the full period of this Agreement sufficient insurance to protect it adequately from claims under applicable Workmen's Compensation Acts and from claims for bodily injury, death or propertv damage as may arise from the performance of services under this Agreement. In addition, CONSULTANT shall secure and maintain throughout the full period of Agreement sufficient Professional Liability insurance to protect it adequately from claims ansing from errors or omissions resuitmg from Professional Services VII EXEMPTIONS OF CONSULTANT'S RESPONSIBILITIES CONSULTANT shall not be responsible for acts and/or omissions of any party or parties involved in the design of the Project or the failure of any Contractor or Subcontractor to construct any aspect of the Project in accordance with the contract documents, or in accordance with recommendations contained in any correspondence or written recommendations issued by CONSULTANT CONSULTANT is not authorized to revoke, a ter, relax, enlarge or release any requirement of the Projeot's specifications or other contract documents, nor to approve or accept any portion of the work,unless specifically authorized In writing by CLIENT or his authorized representative CONSULTANT shall not have the right of rejection or the right to stop work,except for such periods as may be required to conduct sampling,testing,or inspection of operations covered by this Agreement. CONSULTANT shall not be liable for damages resulting from the actions or inactions of any governmental agencies, including but not limited to, permit processing, environmental impact reports,governmental budding inspections,dedications,general plans and amendments thereto,zoning matters,annexations or consolidations,use or conditional use permits and/or budding permits 1805 136th Place Northeast,Suite 201 • Bellevue,Washington 98005 • (425)W-3760 • Fax(425)746-0860 C-� ` PAGE 2 OF 2 �I>n NOVEMBER 1, 2006 CONSULTANTING E-12274-3 INCORPORATED ❑ Environmental Services ❑ Geotechnical Engineering ❑ Construction Materials Testing ❑ Special Inspections Vill. CHANGES IN SCOPE OF WORK CLIENT,without invalidating this Agreement may order changes in the scope or character of services and/or work performed by CONSULTANT, either decreasing or increasing the amount of CONSULTANTS work or services. All such changes in the work and/or services performed by CONSULTANT shall be authorized by a written change order signed by CLIENT and shall be performed under the applicable terms and conditions of this Agreement CONSULTANT shall not be obligated to perform any changes in the scope or character of the work and/or services until CONSULTANT is in receipt of a written change order signed by CLIENT and signed by CONSULTANT indicating its agreement therewith IX LIMITATION OF LIABILITY. Should ECI or any of its professional employees be found to have been negligent in the performance of its work,or to have made and breached any express or implied warranty, representation or contract,Client,all parties claiming through Client and all parties claiming to have in any way relied upon ECI's work, agree that the maximum aggregate amount of the liability of ECI, its officers, employees and agents shall be limited to$5,000 00 or the total amount of the fee paid to ECI under this Agreement or the limit of any optional,Client-purchased insurance,whichever amount is lesser. X COMPENSATION FOR SERVICES RENDERED CLIENT recognizes that the estimate noted in our proposal was obtained through a diligent evaluation of the contract documents and scheduled discussions with the Owner, relevant subcontractors and the general contractor CLIENT recognizes that the testing and inspection industry,and the services rendered herein under this contract,are schedule driven and are as mandated by the scheduling and manning of the contractor(s) Should such items, for example, as the quantity of concrete placement, field or shop steel welding schedules or masonry placement days alter from that quoted within our proposal, CONSULTANT shall be entitled to compensation for services rendered. XI. OVERTIME AND BILLING MINIMUM CLIENT recognizes the attached proposal which outlines billing minimums of 2 hours for any services rendered on site In addition, CLIENT recognizes that, on occasion, due to the schedule of the contractor or relevant subcontractors, occasional overtime will be encountered. Due to the nature of the construction business, CONSULTANT will have no notice of this until the day the said overtime occurs CLIENT agrees to compensate CONSULTANT for such overtime. XII LIMITATION OF SERVICES PROVIDED The services provided pursuant to this agreement are intended solely for the use and benefit of the CLIENT as noted above No other person or entity shall be entitled to rely on the services, opinions, recommendations, plans, or specifications provided pursuant to this agreement without the expressed written consent of CONSULTANT Xlll INDEMNITY. CLIENT agrees to defend, indemnify, and hold CONSULTANT, its officers, directors, employees, agents and independent contractors harmless from any and all claims, suits or liability for personal injury, death, illness, property damage, damage to natural resources,fine or penalty arising or alleged to have arisen out of performance of CONSULTANT'S work to the extent that such claims or damages were due to the negligence of the CLIENT, except to the extent due to gross negligence or intentionally wrongful conduct of CONSULTANT CLIENT further agrees to compensate CONSULTANT for all costs,expenses and fees reasonably incurred in defending any such claim,including court costs and attorney's fees In the event CLIENT shall bring any action against CONSULTANT,to the extent CONSULTANT prevails in such action,CLIENT shall provide the same compensation XIV.PROVISIONS SEVERABLE The uneniorceability or invalidity of any provision or provisions hereof shall not render any other provision or provisions unenforceable or invalid. Nothing in the Agreement shall relieve any party from its responsibilities under law orcontract. XV. LOCATION OF AGREEMENT AND DURATION OF PROPOSAL. This agreement is governed by the laws of the State of Washington, and is entered into the County of King,City of Bellevue The attached Proposal shall remain valid and in effect for 180 days from the date written in below This agreement contains the entire and Integrated Agreement between CLIENT and CONSULTANT and supersedes all prior negotiations, representations or agreements,either written or oral.This agreement cannot be amended or modified except by a written Agreement,executed by each of the parties hereto This Agreement is covered by the laws of the state of Washington IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first above written,at Bellevue,Washington, Consultant: Client: CONSULTING, WC ` Company Name Name& o: iCxW, *11U1.11i 1411; Name&Title- Date Date 1805136th Place Northeast,Suite 201 • Bellevue,Washington 98005 • (425)643-3790 • Fax(425)746-08M µ 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 1185. 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 1185 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 C' 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 marl, 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 Contractors Corru-nercial 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 hetem for the Contractor. OP ID DATE(MMlOD YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE ENGIN-1 01/23/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Premier Insurance - Boise HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR p.0. Box 5815 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Boise ID 83705-5815 Phone: 208-433-1000 Fax:208-433-1151 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA The Hartford Engineering Services -- - - Corporation INSURER Lloyd's Underwriters at London Materials Testing & Inspection INSURER Idaho State Insurance Fund Earth Consultants, Inc. _-_ 2791 S Victorryy View Way INSURERD Boise ID 83709 -- NSURER 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 LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYY) DATE(MMID�) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 INjIU A X X� COMMERCIAL GENERAL'LIABILITY 34SBQUH4263 10/27/06 10/27/07 PREMISES(Ea $ 300,000 _ CLAIMS MADE L"J OCCUR I MED EXP(Any one person) $5,000 PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG s2,000,000 POLICY X PE° LOC Emp Ben. 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO 34SBQUH4263 10/27/06 10/27/07 (Ea amdent) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS 8001LY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per socldenl) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 3,000,000 A X OCCUR ❑ CLAIMSMADE 34UEQIQ9609 10/27/06 10/27/07 AGGREGATE s3,000,000 S DEDUCTIBLE $ X RETENTION $10,000 X $ WORKERS COMPENSATION AND wC - y ORY LR.11T5 ER EMPLOYERS'LIABILITY C ANY PROPRIETOR/PARTNER/EXECUTIVE 580988 04/01/06 04/01/07 EL EACHACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $100,000 If yes describe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $500,OOO OTHER B Professional 06LBY099471 10/27/06 10/27/07 Each Occ 1,000,000 Liability I I I Gen Aggr 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Kent is named as an additional insured on general & auto liability as respects work performed by or on behalf of the insured. Additional insured endorsement has been ordered & will follow. CERTIFICATE HOLDER CANCELLATION CITYOKE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Parks Planning & Development NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Fax 253-856-6050 220 4 th Avenue South IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent WA 98032-5895 REPRESENTATIVES AUTHORIZED REPRESENTATIVE 7 , Dan Harpe CORD 25(2001108) ©ARORD CORPORATION 1988 $t. '. J3 .__ ur"liVEW "[°��[^ ifl_UPN1' [ flu, 'v; 1. 2. Applicable 10 Medical Expenses Coverage a. A tnrzat, you are an insured. hour trustees We will not pay expenses for"'bodily injury": are also insureds, but only with respect?n a. Any Insured their cluti&S as trustees. 7 o any insured,except"volunteer workers", Z Each of the tollowing is also an in.'tired b. Hived Person a. Employees And Volunteer Workers To a prrsor hired to do worst for or on behalf Your "volunteer workers" only while of any insured or tenant r f any insured performing duties related to the conduct of c. Injuryn tVomhally Occupied Premises your business., or your"employees", other Char, either your"em=flve otficer5"('t you To a prarson injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally occuples company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, wbel'ter or not an you or while performing duties related to he of any insured, if benefits for the conduct of your business the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers"are insureds for or disability, benefits law or a similar lave- (1) "Bodily injury' or "personal and 0. Athletics Activities advertising injury"- To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or Bemes, sports or athletic or)ornt venture), to ycur members coniests. (f you are a limited liability I. Products-Completed operations Hazard company), or to a co "ertiplayee" while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business or to your other Excluded under Business Liability Coverage. "volunteer workers" while �C. WHO 1S AN INSURED cperforming r conduct yourdut�es d t° the business; I. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An Individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner, Paragraph(1)(a)above: b. A partnership or toot venture, you are an (c) For which there is any obligation insured. Your rnernbers, your partners, and to share damages with or repay their spouses are also insureds,but only with someone else who must pay respect to the conduct of your business. dernages because of the injury C. A limited liability company. you are an described in Paragraphs (1)(a) or insured. Your members aie alsa insureds, (b) above;or Wit only with respect to the conduct of your (d) Artsirg out of his or her providing busnless Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers- If you are not in the business of d. An organization other than a partnership, providing professional hearth rare joint venture or limited lidtrlity cornpany, you Services, Paragraph (d)does not apply are an insured Your "execullye and to any nurse, emergency medical directors are insureds, that only with respect technician or paramedic ertmp"ed by to their d jGes as your officers or directors you to provide such services. Your stockholders are also Insureds,hu+,only (2) "Pi opedy damage"to proporty: with respect to their liability,as stockholders, (a) Owned, occupied or used by, Page 10 of 24 Form 85 00 03 04 05 8,11-Q-4NESs i-IA131LITY COVERAGE FORM (b) Rented to, in the care, custody Or b. Coverage under this provision does not control of, or over which physical apply to, control Is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred: or "employees", "volunteer workers", any partner or member (if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or form-W the liability company). organization. b. Real Estate Manager 4. Operator C>d Mobile Equipment Any person (other than your"employee"or VVKh respect to"mobile equipment" registered in m "volunteer worker), or any organization your name under any motor vehirk registration �+ while acting as your real estate manager 13w, arty person is an irsrred white driving such ro equipment along a publk MoPway with your o c. Temporary Custodians CIF Your Property permission. Any other person or organization Any person or organization having proper responsible for the conduct of such person Ls also an insured, but only with inspect to iiabi6ay d temporary custody of your property ,f you arising out of the operation of the equipmnt, and w die,but only: only K no other Insurance of any kind is available wro (1) VAh iespedto iiabil'lty arising out of the to that person or organization for this Iralolity. maintenance or use of that property;and however, no person or organization is an insured ^� (2) Until your legal representative has with respect to: obeen appointed. a. "Bodily injury" to a co-"employee" of the V)u' d. Legal Representative If You die person driving the equipment;or % Your legal representative if you die, but b. "Property damage' to property owned by, only with respect to duties as such. Thal rented to, In the charge of or occupied Ly �. representative will have all your rights and you or the employer of any person who is duties under this insurance an insured under this provision. e. Unnamed subsidiary S. Operator of Nonowned Watercraft 2320 Any subsidiary and subsidiary thereof, of INth respect to watercraft you du not own that - - yours which is a legally incorporated entity is less then 51 feet tong and is not being used of which you own a financial interest of to carry persons for a chatpe, any person 15 an more than 50% of the voting stock on the insureds while operating such watercraft with effective date of this Coverage Part your pernission. Any other person or —, The insurance afforded herein for any organization responsitdp for the conduct of The isur not shown in the Declarations such person is also an insured, but only with e as a named insured doers not apply to respecC to liability arising out of the operation jury or damage with respect to which an of the watercraft, and only if na other insurance of any kind is availalle to :hat Maw nsvied under this Insurance is also an person or organization For this habilety insured under another policy or would be an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: Limits of insurance. a. "Bodily injury* to a co "employee" of the 3. Ne%i)r Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or foam, b. "Proper y damage"to prCtpetty owned by, =-= other than a partnership, joint venture or rented to, in the charge of or occupied > Y iimlted liability company, and over which you you or the erployer of any person who is maintain 15nar',cial lnterest of more than 50% of an Insured under this provision the vatirig stock, will quality as a Narned 6. Additional insureds When Required 13y Insured if there is no othw.r similar insurance Written Contract, Written Agreement Or available to that organization However Permit a. Coverage under this provision Is afforded The persor(s) or organvatiun(s) Uentd5ed in only until the 1Both day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, it a written policy penod, whichever is earlier, and Form^" 111108 "' ^` Facie t 1 of 24 Q ' tj ?ih'Y� S N3iIh' d Ud,iJb t ! ,P' t '7 BUs113ESS LIABILITYCOVERAGIF-90Rh' (a); Any failure to make such contract, written agreement or bee&use of a inspections, adjustments tests or ' permit issued by a state or political servicing as the vendor has subdivision, that such person or organization agreed to make or normally be added as an additional insured on your undertakes to make in the usual policy, provided the injury or damage occurs course of business, in connection subsequent to the execution of the contract or with the distribution or sale of the agreement, or the isSuanee of the permit, products; A person or organization is an additional (1) Demonstration, ins4alfaUon, insured under this provision only for that servicing or repair operations, permit of time required by the contract, except such operations performed agreement or permit_ at the vendors premises in However, no such person or organization Is an connection with the sale of the additional Insured under this provision if such product; person or organization is included as an (g) Products which, after distribution additional insured by an endorsement issued or sale by you, have been labeled by us and made a part of this Coverage Part, or relabeled cr used Is a including all persons or organizations added container, part or ingredient of any as additional insureds under the specific other thing or substance by or for additional insured coverage grants in section the vendor, or F.-optional Additional insured Coverages_ (h) "Booily injury" or "Property a. vendors damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of thr: vendor for its below as vendor), but only with respect to own acts or cmis8io65 or those of "bodfly injury" or "properly damage" arising its empiovees or anyone else OW of "your products" whidt are dtst&uted acting on its behalf. However,this or sold in the regular course of the vendors exclusion does not apply to: business and only if this Coverage Fart ( The exceptions contained in provides coverage for "hodfly injury" or Subparagraphs(d)or(f).or "property damage" included wthin the (19 Such inspechon% adjustments. "products-cornpteted operations hxterd", tests or servicing as the vendor (1) The insurance afforded to the vendor has agreed to make or normally is subject to the following additional undertakes to make in the usual exclusions: course of lwsiness, in 1 his insurance does not apply to: connection wkb the distn-)ution (a) "Bodily injury" or 'VOPeety of Sole of thepn)du=. damage" for which the vendor is (2) This insurance does not aW1y to any obligated to pay damages by insured person or orrganizallon from reason of the assumption of whom you have aaikrired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering nMa, accompanying Of liability for damages that the containing such producl5. vsndnr would have °n the absence b. Lessors of Equipment of the contract or agreement; (1) Any person or organization from (b) Any express warranty whom you lease equipment, but only unauthorized by you: with respect to their iiabildy for"bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advemsucq Injury' by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, Operation or use of unpacked solely tin'the purpose of epmet on i arrieo to. you by such inspection, demonstration, tinting person or the substitution of Paris under instructions from the nianufatturer, and then repackaged in the original container. Form SS 00 DS 04 05 P2197 aof24-/9� llli', 'E; ',till; BPOilINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded a. Permits Issued By State Or Political to these additional insureds, this subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment performed by you or on your behalf for c. Lessors Of Land or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to. of that part of the land or premises (a) "Bo(fily injury" "property damage' b teased to you. or "personal and advertising rn (2) VVith respect to the insurance afforded injury" arising out of operations o to these additional insureds, this performed for the state or Insurance does not apply to municipality;or 01 (a) Any "occurrence" which takes Cb) "Bodily injury"or"property damage" 0 place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard"- premises;or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who ram, construction or demolition is not an insured under Paragraphs a. a operations performed by or on through a above, but only with Nbehalf of such person or respect to liability for "bodily injury". ; organization. property damage" or "personal and d. Architects,Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer,or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the ;lets Or Omissions of those acting MENEMin jury"- "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the perfonnanre of your or in part, by your aciz or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf owned by or rented to you:or (a) In connection with your premises; (c) in connection wittt"your work" and 101110111 or included within the "products- (b) in the performance of your completed operations hazard", but _ ongoing operations performed by only if you or on your behalf. (I) The wntten contract or wither (2) VUlttt respect to the insurance afforded agreement requires you to to these additional insureds, She provide such coverage to following additional exclusion applies such additional insured,and This insurance does not apply to (n) This Coverage Pan provides "bodily injury", "property damage" or coverage for "bodily injury" or "personat and advertising injury" "property damage" included arising out of the rendering of or the within the "products, failure to render any professional completed operations hazard" services by or for you,incuding: (2) lNdh respect to the insurance afforded (a) This preparing, approving or to these additional insureds this failure to prepare or approve, insurance does not apply to- maps, shop drawing;, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "'personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications, or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or suivoying architectural or engines enng services, including activities Form r 0 08 L - Paoe 13 of 24 �+ �v 'S,'')S4. �'j!41ijr'� i+i�!�'7 i;,Z S7 '1r, '