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HomeMy WebLinkAboutAD08-103 - Original - Kent Downtown Partnership - Consultant Services - 04/16/2008 Records 1u1 eme KENT WA9HINGTON Document 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 contdct City Clerks Office. Vendor Name: Kent Downtown Vendor umber: 34231 JD E wards Number Contract Number: AD09- 103 This is assigned by Deputy City Clerk Description: Kent Downtown Partnership Detail: Project Name: Contract Effective Date: 1/1/08 Termination D te: 12/31/08 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or am ndment Contract Manager: Ben Wolters Department: Economic Develo ment Abstract: C&I, clklks3 S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 CONSULTANT SERVICES AG EMENT between the City of Kent a d Kent Downtown THIS AGREEMENT is made between the City of Kent, a ashington municipal corporation (hereinafter the "City"), and Kent Downtown DBA Kent Downtown Partner hip organized under the laws of the State of Washington, located and doing business at 202 W. Gowe St., Suite A, Kent , WA. 98032, (253) 813- 6976 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Provide consultant services to the City of Kent in an effort to increase economic development of Kent's downtown core, in accordance with Consultant's 2008 Work Plan attached and incorporated as Exhibit A. Consultant's services under this Agr ement include, but are not limited to, assisting the City in developing an improvement plan for downtown sidewalks, trees, and light posts; encouraging developers and businesses to locate in downtown Kent; funding downtown store front renovations; and publishing advertisements inviting consumers to visit downtown Kent. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the ti a 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 Agreemen . Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by D cember 31, 2008. III. COMPENSATION. A. The City shall pay the Consultant, based on time and rrlaterials, an amount not to exceed ($33,600.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Sectio I above, and shall not be exceeded without the prior written authorization of the City in the orm of a negotiated and executed supplemental agreement. The Consultant agrees that the ho ly or flat rate charged by it for its services contracted for herein shall remain locked at the neg tiated rate(s) for a period of one (1) year from the effective date of this Agreement. The C nsultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to he City for work performed, and a final bill upon completion of all services described in this greement. The City shall provide payment within thirty (30) days of receipt of an invoice. If he City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the ption to only pay that portion of the invoice not in dispute. In that event, the parties will immed ately make every effort to settle the disputed portion. EEO COMPLIANCE DOCUMENTS- 1 IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Cons ltant 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 Agree ent, with or without cause, upon providing the other party thirty (30) days written notice at its address set Torth on the signature block of this Agreement. After termination, the City may take possession of copies f all records and data within the Consultant's possession pertaining to this project, which may be used by he 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, s x, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, disc iminate against any person who is qualified and available to perform the work to which the employment rel tes. 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 Com liance Statement. VII. INDEMNIFICATION. Consultant shall defend, indeninil and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claim , injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection claim the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused b the City's negligence. The City's inspection or acceptance of any of Consultant's work whe completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agre ment is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to per ons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the Ci y, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be onl 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 ACKNO LEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termina ion 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 d incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will p ovide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for th purpose of completion of the work under this Agreement. EEO COMPLIANCE DOCUMENTS-2 X. OWNERSHIP AND USE OF RECORDS AND DOC MENTS. Original documents, drawings, designs, reports, or any other records developed or created under is Agreement shall belong to and become the property of the City. All records submitted by the City to the C nsultant 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 C nsultant for this project by anyone other than Consultant on any other project shall be without liability or legal �xposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Cons ltant is an independent contractor with the authority to control and direct the performance and details o the work authorized under this Agreement, the work must meet the approval of the City and shall be su ject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. onsultant shall take all necessary precautions and shall be responsible for the safety of its employees, gents, and subcontractors in the performance of the contract work and shall utilize all protection necessary or 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 Ke t City Code, the City requires its contractors and consultants to use recycled and recyclable products whene er practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist up n strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any ption conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquis ent 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 Agr ement shall be governed by and construed in accordance with the laws of the State of Washington. If the p ies are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreeme t, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively un er 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 amages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and ttorney'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 ri ht to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreem nt shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified t the contrary. Any written notice hereunder shall become effective three (3) business days after the date of m 'ling by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the addr ss stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either arty without the written consent of the non-assigning party shall be void. If the non-assigning party gives its onsent 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. EEO COMPLIANCE DOCUMENTS-3 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. Compliance with Laws. The Consultant agrees to comply th 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 s iall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: 4 c k ti 61e r Pri am : S z tte Cooke Itsd�� Its a or (rrtle) Ile) DATE: �� t �, D b DATE: m NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jacquie Alexander Ben Wolters, Econ�mic Development Director Kent Downtown Partnership City of Kent 202 W. Gowe St., Suite A 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 (252) 813-6976 (telephone) (253) 856-5703 (telephone) (253) 520-0206 (facsimile) (253) 856-6700 (facsimile) AP OVED AS TO FORM: nt a De ent EEO COMPLIANCE DOCUMENTS-4 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 t this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City d ems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affi ative response is required on all of the following questions for this Agreement to be valid and binding. If any ontractor, 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 12 2. During the time of this Agreement I will not discriminate in emplo ent on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physica disability. 3. During the time of this Agreement the prime contractor will pro ide a written statement to all new employees and subcontractors indicating commitment as an equal op ortunity employer. 4. During the time of the Agreement I, the prime contractor, will activ ly consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement 'll be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirement as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this o2 day of ' , 200 By: T For: Title: Date: "-7- EEO COMPLIANCE DOCUMENTS-5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVE BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will con orm to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guar tee equal employment opportunity within their organization and, if holding Agreements with the City amourn ing 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 minoriti s and women. Any contractor, subcontractor, consultant or supplier who willfully disregar Is 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 Panning, Parks, and Public Works Departments to assume the following duties for their respective departments 1. Ensuring that contractors, subcontractors, consultants, and suppli rs i subject to these regulations are familiar with the regulations and the City's equal employment oppo ity policy. 2. Monitoring to assure adherence to federal, state and local laws, polio es and guidelines. EEO COMPLIANCE DOCUMENTS-6 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 Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as 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 , 200 d . By: For: r ,(� Title: Date: EEO COMPLIANCE DOCUMENTS-7 Exhibit A Kent Downtown Partnershi 's 2008 Work Plan Organization 1. Identify and fill staff needs for administration. 2. Encourage Property Owners to become more in olved in KDP. 3. Parking issues. 4. Establish a "Finance Committee'. 5. Work with the City of Kent in developing a pla for the expenditure of $4.0 million on sidewalks, trees &light posts in Downtown Kent. Plan to include monthly reports from the Public Works Department on the projects. Economic Development 1. Fill three vacant storefronts with retail on Meeker Street. 2. Work with the City of Kent to find a developer or the "Fire Property" at Second and Meeker. 3. Assist Bruce Anderson in finding a suitable re lacement for the UGN store in the Meeker Emporium. 4. Repair &maintain the Kiosk. 5. Provide lighting options for an additional 6 buildings in Downtown Kent. 6. Provide new non-season banners at 22 existing locations in downtown and add 12 new locations on Second Avenue b tween Smith and Gowe Streets. 7. Obtain bids on music for Second Avenue between Smith &Gowe. 8. Coordinate the marketing Downtown Kent wi h the Seattle Thunderbirds and the new Events Center Operator,SMG. Design 1. Install 14-foot streetlights on Meeker (with ci ) 2. Establish a person/crew/company responsibl for sidewalk/planter cleaning and graffiti removal. 3. Assist in new store front on the Children's Bo kshop and the Children s Hospital Thrift Store. 4. Fund at least one additional store front projec during 2008. Promotion 1. Advertise in South County Publications. 2. Target the RJC Safety & Security 1. Recommend a foot patrol (city or private)wal ing between Smith &Titus &Central &Fourth, or more bicycle presence in the same area. Compensation 1. Payment will be invoiced monthly, total con act is$33,600.00 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the greement, insurance against claims for injuries to persons or damage to property whic 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 a written on ISO occurrence form CG 00 01 and shall cover lia ility arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising inj , and liability assumed under an insured contract. The Cominercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. Thee shall be no endorsement or modification of the Commerci General Liability insurance for liability arising from explosion, ollapse 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 usi g ISO additional insured endorsement CG 20 10 11 85 or a sub titute endorsement providing equivalent coverage. 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, 00 general aggregate and a$1,000,000 products-completed operatio s aggregate limit. C. Other Insurance Provisions EXHIBIT B (Continued) The insurance policies are to contain, or be endorsed to contain, a following provisions for Automobile Liability and Commercial General Liability ins ance: 1. The Contractor's insurance coverage shall be primary insur ce as respect the City. Any Insurance, self-insurance, or insurance pool coverage m intained by the City shall be excess of the Contractor's insurance and shall not co tribute with it. 2. The Contractor's insurance shall be endorsed to state that cov rage shall not be cancelled by either party, except after thirty (30) days prior itten 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 a 1 policies (except Professional Liability) as respects work performed by or on b half of the contractor and a copy of the endorsement naming the City as additional 'nsured 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 Commer ial 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, a cept 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 r ting of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a c py of the amendatory endorsements, including but not necessarily limited to the additi nal insured endorsement, evidencing the insurance requirements of the Con actor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its olicies or shall furnish separate certificates and endorsements for each subcontractor. 11 coverages for subcontractors shall be subject to all of the same insurance requi ements as stated herein for the Contractor. Client#: 10586 KtNTDOW ACORDTM CERTIFICATE OF LIABILITY INSU NCE [J� (MMIDDIYYYY; 7/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bell-Anderson Ins.-Kent CIL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 887 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 724 West Smith St. Kent,WA 98035-0887 INSURERS AFFORDING OVERAGE NAIC# INSURED INSURER American St tes Insurance Company Kent Downtown Partnership Corporation 202 W Gowe St A INSURER B Kent,WA 98032 INSURER C INSURER D 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 T RMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 1 SR ADDTPOLICY EFFECTIVE POLICY EXP RATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DAT M D T D1YYI LIMITS A GENERAL LIABILITY OICH62738310 10/16/07 10/16/08 EACH OCCURRENCE $1 000 000 X I COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPREMISES(Ea occurrencel $1 OOO 000 CLAIMS MADE a OCCUR MED EXP(Any one person) $1 O 000 PERSONAL&ADV INJURY $1 00O 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG s2,000,000 POLICY 7 PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED EL DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISION The certificate holder is additional insured for general liability,but only if required by written contract or written agreement per endorsement#CG7635(02/07). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE BOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIF City of Kent DATE THEREOF,THE SUING INSURER WILL ENDEAVOR TO MAIL _A0._ DAYS WR. Dept. of Economic Development NOTICE TO THE CERT FICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO 5 220 4th Ave.S. IMPOSE NO 08LIGATIN OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS Kent,WA 98032 REPRESENTATIVES. AUTHORIZED REPRE ENTATIVE ACORD 25(2001/08)1 of 2 #S172722/M158964 KJW © ACORD CORPORATI IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must a endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of su h endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the pplicy, certain policies may require an endorsement. A statement on this certificate does not conf Ir rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not con titute a contract between the issuing insurer(s), authorized representative or producer, and the certif cate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded b the policies listed thereon. ACORD 25-S(2001/08) 2 of 2 #S172722/M158964 ,� i nsu ra nee COM ERCIAL GENERAL LIABILITY 9 CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE R D IT CAREFULLY, LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: C it y o f Kent, Department of Economic Development ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any "occurrence"which takes place INSURED (Section II): after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in the Sched- you; ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations g provisions:- , _ performed_ by or on behalf of the , a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in insured; the Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the "bodily injury", "property sured, whether the work is performed damage", or "personal and advertising by you or for you; ll� injury". b. The person or organization added as an in- (3) you ofof equipment maintenance, operation ton or by use by sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to: following additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply to iE= that part of premises you own, rent, any "occurrence" which takes place after the equipment lease expires; �* Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2W I Safeco and the Safeoo logo are mg*Wed trademarks of 5a[e0n GorporatWn �• 0076350207 Pap 1 014 EP (b) This insurance does not apply to This exclusion applies even if the claims "bodily injury" or "property clam- against any insured allege negligence or age" arising out of the sole negli- other wrongdoing in the supervision, hiring, gene of such person or cWnployment, training or monitoring of others organization; by that insured, if the "occurrence" which caused the "bodily injury" or "property (4) Permits issued by any state or political clamage" involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto' or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision: sured. This insurance does not apply to "bodily This exclusion does not apply to. injury", "property damage", or (1) A watercraft while ashore on premises "personal and advertising injury" arising you own or rent; out of operations performed for the state or municipality. f2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured b this endorsement does not apply to �) Not being used to cony persons or Y pp Y property for a charge; "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, includ- vided the "auto" is not owned by or ing: rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract" for the ownership, mainte- opinions, reports, surveys, change or- nance or use of aircraft or watercraft;or ders, designs or specifications; and (5) "Bodily injury" or "property damage" (2) Supervisory, inspection or engineering arising out of: services. .(a) the operation of machinery or d. This insurance does not a bodi equipment that is attached to, or RIIY to " IY part of, a land vehicle that would injury" or "property damage" included within qualify under the definition of the "products-completed operations haz- "mobile equipment' if it were not and". subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an insured un- Fide insurance law in the state der this endorsement ends when your operations for where it Is licensed or principally that insured are completed. garaged; or No coverage will be provided if, in the absence of this (b) the op i%ition-of any of the machin- ery - endorsement, no liability would be imposed by law on or equipment listed in Paragraph L(2)you. Coverage shall be limited to the extent of your ui negligence or fault according to the applicable princi- "mof3Ile equipment". he defintion of pies of comparative fault. (6) An aircraft you do not own provided it is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY TENANTS'PROPERTY DAMAGE LIABILITY Exclusion g. of COVERAGE A (Section 1) is replaced When a Elamage To Premises Rented To You limit is by the following: shown in the Declarations, Exclusion 1. of Coverage A, Section 1 is replaoW by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or 1. Damage To Property entrustment to others of any aircraft, "auto" "Prey damage' to: or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- (1) Property you own, rent, or occupy, including ation and "loading or unloading". any costs or expenses incurred by you, or Page 2 of 4 �-AGQ7-PRUrIDDI{t287-0f114Q any other person, organization or entity, for WHO IS AN INSURED — MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph Ia. of WHO IS reason, including prevention of injury to a AN INSURED (Section II): person or damage to another's property; (2) Premises you sell, give away or abandon, if Paragraph(1) does not apply to executive officers,or the "property damage" arises out of any part to managers at the supervisory level or above. of those premises; SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Property loaned to you; AND B — BAIL BONDS — TIME OFF FROM (4) Personal property in the care, custody or WORK control of the insured; Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — (6) That particular part of real property an which COVERAGES A AND 8 is replaced by the following, you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to $3,000 for cost of bail bonds required are performing operations, if the 'property because of accidents or traffic law violations damage" arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work" was incorrectly performed on A. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — Paragraphs (i), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to "property damage" (other than d. A I reasonable expenses incurred by the in- damage by fire) to premises, including the con- sured at our request to assist us in the in- tents of such premises, rented to you.A separate vestigation or defense of the claim or "suit", limit of insurance applies to Damage To Prom- including actual loss of earnings up to $500 ises Rented To You as described in Section III a day because of time off from work. — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d)of WHO IS AN INSURED(Section Paragraphs (3), (4), (6) and (6) of this exclusion 11) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph(6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACOUIRED "property damage" Included in the "products- ORGANIZATIONS completed operations hazard", Provision&a. of WHO IS AN INSURED (Section 11) is Paragraph L of LIMITS OF INSURANCE (Section III) replaced by the fo1owing: is replaced by the following: a. Coverage under this provision is afforded S. Subject to 5. above, the Damage To Premises only until the end of the policy period. Rented To You Limit is the most we will pay un- EXTENDED"PROPERTY DAMAGE" der Coverage A for damages because of "property damage, to any one premises, while Exclusion a. of COVERAGE A (Section 1) is replaced rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by by the following: you with permission of the owner. " a "Bodily injury or property damage" expected or intended from the standpoint of the insured. r� The Damage To Premises Rented To You limit is the This exclusion does not apply to "bodily injury" higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations or "property damage" resulting from the use of as Damage To Premises Rented To You Limit. reasonable force to protect persons or property. � E_ GG 76 35 02 07 Page 3 of 4 EP EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph& of DEFINITIONS (Section V)is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to$10,000. disease sustained by a person, including marital anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 2. Duties In The Even Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph @ Transfer Of (Section N): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by tion M: your agent, servant or employee shall not in itself constitute knowledge of the named insured uriless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. make for injuy,or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL. FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard". This waiver applies orgy to a person or organization for whom you The following Is added to Paragraph B. Representa- are required by written contract, agreement or permit tuns of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. MONS (Section N): AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex- LOCATION isting at the inception date of your policy, we will not legally obti- deny coverage under this Coverage Form because of For all sums which the insured becomes such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to oollect additional premium or exercise our under COVERAGE A (Section I), and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE at a single "location": Paragraphs Ze. and 2.b. of Limits of Insurance (Sec- The following paragraph is added to COMMERCIAL Lion 111) apply separately to each of your "locations" GENERAL LIABILITY CONDITIONS(Section IV): owned by or rented to you. 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- "Location" means premises involving the same or mIum, becomes effective during the policy period" connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically, provide this additional cov- erage on the effective date of the revision. Page 4Of4 C-AUT-PPOM529MM" REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes WASHINGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Phone (Originator): !� Date Sent: L4 I OC6 Date Required: Lf) (� Return Signed Document to: ,, � ONTRACT TERMINATION DATE: 3 VENDOR NAME: , z� DATE OF COUNCIL APPROVAL: `! (� Brief Explanation of Document: � ), A f All Contracts Must Be Routed Through the Law Department �T� I Completed 6y the Law Department) Received: APR o � zoos Approval of Law Dept.: 1'f� Law Dept. Comments: SCENT LA\N DEPT. Date Forwarded to Mayor: "J Shaded Areas to Be Completed by Administration Staff Received: 4 Recommenda66ii� &- omrr>le>rlLs. *a� k bd�s Kf.`;� T fin - p �1 ��, Y ., alw, ' ,..?. 'nu%x f 3•', ',." F< kr� �`�`nu�k`;5?i; ��=:' 'a„.i,�.e^;u er•""�s., -�^ ©ate Retuied:�°".� ,. � � Mtri�•'x ".`�rt'x'i:�'' ,., W;����_�� ,�;,t`�LkF.k�,..` � w:i£:;;���� q�.��.3 < Iage5870 3/