HomeMy WebLinkAboutAD08-275 - Original - Herbert Research, Inc. - Profile Economic Conditions - 08/06/2008 Records M e me
KENO Document
WA9HINGTON
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: Hebert Research , Inc
Contract Number: AD Oq - 2-75
This is assigned by Mary Simmons
Vendor Number: 36622
Project Name:
Contract Effective Date:
Contract Termination Date: August 31, 2008
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Ben Wolters
Department: Economic Development
Abstract:
ADCL7832 07/02
RECEIVED
KE •NT
W 5.INGTON AUG 11 2008
CONSULTANT SERVICES AGREEMENMy of Kent
between the City of Kent and Office of the Mayor
Hebert Research, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Herbert Research, Inc. organized under the laws of the State of
Washington, located and doing business at 13629 NE Bel-Red Road, Bellevue, WA 98005, 425-
643-1337 #108 (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:
Hebert Research, Inc. has been asked to profile the current economic conditions in
the South Sound suburban cities of: Federal Way, Covington, Renton, Tukwila,
Burien, (Maple Valley, SeaTac), Fife, and Kent. Areas of focus include growth rates
in key indicators, city share of regional economy, business revenues, employment,
and retail sales among other issues. The basic research design involves collecting
existing economic and financial statistics from business databases and state and
local government records, and producing a summary report documenting the
impact of each city on this combined economic region as well as on King County.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
August 15, 2008.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed $2500 for the services described in this Agreement. This is the maximum
amount to be paid under this Agreement for the work described in Section I above,
and shall not be exceeded without the prior written authorization of the City in the
form of a negotiated and executed amendment to this 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.
CONSULTANT SERVICES AGREEMENT - 1
(Under$10,000)
B. The Consultant shall submit one time payment invoice 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.
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.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
CONSULTANT SERVICES AGREEMENT - 2
(Under$10,000)
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 attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and 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. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, 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.
CONSULTANT SERVICES AGREEMENT - 3
(Under$10,000)
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
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 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.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
(24 By: By:
(signature) (signature)
Print N e: Ratrer -IPrint Name: Ben Wolters
Its: Se Its: Economic Development Director
DATE: O
�A ti e)A
DATE:
CONSULTANT SERVICES AGREEMENT - 4
(Under$10,000)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Robert Weis Ben Wolters
Hebert Research, Inc. City of Kent
1329 NE Bel-Red Road 220 Fourth Avenue South
Bellevue, WA 98005 Kent, WA 98032
(425) 643-1337 (telephone) (253) 856-5703 (telephone)
425 746-8138 facsimile (253) 856-6700 (facsimile)
CONSULTANT SERVICES AGREEMENT - 5
(Under$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200^.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
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
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
, 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
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
Exhibit A
South Sound Suburban Economic Analysis 2008 —
Research Plan
Hebert Research, Inc. has been asked to profile the current economic conditions in the
South Sound suburban cities of. Federal Way, Covington, Renton, Tukwila, Burien,
(Maple Valley, SeaTac), Fife, and Kent. Areas of focus include growth rates in key
indicators, city share of regional economy, business revenues, employment, and retail
sales among other issues. The basic research design involves collecting existing
economic and financial statistics from business databases and state and local government
records, and producing a summary report documenting the impact of each city on this
combined economic region as well as on King County.
Research Objectives
1. Present a strategic overview of the economies of each participating city,profiling
the composition of industries,jobs and revenues; to provide data and information
to support good public policy decisions and assist business growth.
2. Provide a listing of the top 50 employers in each city together with a basic
description, number of employees; SIC/NAICS code and HQ/branch designation.
This listing will be provided by the cities.
3. Evaluate the business community within each city area as a whole, comparing it
with King and/or Pierce County, and State of Washington.
4. Evaluate variables such as population and employment, household income and
home value trends, housing affordability analysis (household income after
mortgage payment), wealth and taxable sales.
5. Analyze taxable retail sales, comparing the participating cities' economies.
6. Profile trends in city employment by major sector(i.e. manufacturing,wholesale,
retail, business services, etc.).
7. Profile each city's economic specialization analysis to provide a current breakout
of the key industry sub-sectors driving the local economy. Analyze which sectors
represent areas of economic specialization and also which sectors are most under-
represented.
8. Examine differences between the cities in household income and wealth(net
worth), including the number of households falling into lower, middle and high-
income categories.
9. Compare the housing stock, home values and rents of each city, including
percentage renting versus owning, median home values, growth in single family
and multifamily housing units, etc.
10. Examine housing affordability for each city, calculating the ratio of income to
home price for residents.
11. Compare the population of working age adults and level of education with the
total employment for each city.
12. Develop an age profile for each city, showing how the population breaks down
into major age segments.
13. Examine vacancy and lease rates for office and industrial space within each city.
14. Provide data on income generated by the daytime employee population, average
wage for different industry sectors in each participating community
15. Provide summary of economic highlights for each participating city, including
opportunity and growth.
Methodology
To reach these objectives Hebert Research would use a variety of secondary sources to
compile the needed information.
Cities who have participated in such economic analysis in recent years by Hebert
Research have indicated that the statistics are particularly useful because they are
presented in a way that facilitates quick year-to-year and city-to-city (or city-to-region)
comparisons.
This year's research will include such data sets as:
• Changes in leading indicators
• Gross business income
• Taxable sales (including per-capita sales)
• Population comparisons
• Employment comparisons
• Household incomes
• Income segments and net worth
fRHEBERTRESEARCH
South Sound Suburban Cities Economic Analysis 2008,Page 2
• Growth in housing units
• Housing affordability analysis
• Comparison of age groups
• Trends in age segments
• Working age population and total employment
• Age profile by city
• Taxable sales trends
• Numbers and categories of businesses
• Employment trends
• Creative employment index
• Business summary—number of firms
• Business summary—number of jobs
• Top 50 employers by city
The research will be conducted by trained Research Analysts and reviewed by a Senior
Research Analyst and the project team including the Senior Research Director and
Research Director,the Director of Operations, and the President& CEO.
Proiect Team Members—Hebert Research
Jim Hebert,President& CEO
Robert Weis, Senior Research Director
Marcelle Wellington, Research Director
Cynthia Sullivan Hebert, Director of Operations
Deliverables
Hebert Research will deliver one combined report in digital and hard-copy form for each
participating city. Cities will be able to reproduce charts, graphs,tables, and narrative
descriptions in whole or in part for PowerPoint presentations,handouts, inserts,targeted
reports, and City publications as needed.
px
�H BERf RESE*M
South Sound Suburban Cities Economic Analysis 2008,Page 3
Exhibit A
SCHEDULE:
The following table provides estimated dates of completion of the various steps in this
research project:
Date Task `'
18-July Approval to begin
21-July Data collection begins
8-Aug Data collection ends
15-Aug Report completed
BUDGET:
The total proposed budget for this research for each City is $2,500.
TERMS AND CONDITIONS
The project will proceed upon receipt of the signed Authorization. If additional screening
criteria are included in the research, then changes in sample size or budget may be
necessary. Changes to the scope of work may require budget changes to the budget. All
phone charges, mail and deliver charges, list charges, travel and other expenses will be
billed equally among participating cities and will include a 10%processing fee. Any
fees greater than $1,000 will be approved in advanced. All charges will be billed and due
upon delivery of the final report.
Hebert Research believes this research plan accurately reflects the work and the estimated
cost for conducting research. If you have any questions,please feel free to contact Senior
Research Director Robert Weis (425-643-1337, ext. 108)
AUTHORIZED APPROVAL FOR THE RESEARCH PROJECT:
Please sign and fax back to Hebert Research at 425.746.8138.
By
Title
City
Date
Client#: 5456 HEBERESE
ACORD- CERTIFICATE OF LIABILITY INSURANCE 0DATE(MWDW
1/29/08 YYY)
.PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Parker Smith&Feek, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Bellevue Office 425 709 3600 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2233 112th Avenue NE
Bellevue,WA 98004 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA. Phoenix Insurance Company Travelers
Hebert Research, Inc. INSURERB- Underwriters at Lloyds Only AMW
13629 N.E. Bel-Red Road INSURERC'
Bellevue,WA 98005 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 TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN5R ADD` POLICY EFFECTIVE POLICY EXPIRATION
LTR INSRN TYPE OF INSURANCE POLICY NUMBER DATE MWDD DATE MMIDD/YY LIMITS
A X GENERAL LIABILITY 16808935H403PHX08 02/01/08 02/01/09 EACH OCCURRENCE $2,000,000
X COMMERCIAL GENERAL LIABILITY PREMISES DAMAGE TOE RENTED a $300 000
CLAIMS MADE F OCCUR MED EXP(Any one person) $5 000
PERSONAL&ADV INJURY s2,000,000
GENERAL AGGREGATE s4,000000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s4,000,000
X POLICY PRCT O LOC
JE
A AUTOMOBILE LIABILITY 16808935H403PHX08 02/01/08 02/01/09 COMBINED SINGLE LIMIT $2,000,000
ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
A WORKERS COMPENSATION AND 16808935H403PHX08 02/01/08 02/01/09 1 RY LATT- X OTH-
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBEREXCLUDEDZ E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,descnbe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
B OTHER Professional 020900103080E 02/01/08 02/01/09 $1,000,000 Each Claim
Liability $2,000,000 Aggregate
Claims Made $5,000 Deductible
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Kent Chamber of Commerce. City of Kent is included as Additional Insured
and coverage is Primary and Non-Contributory per Endorsement CGD252,
Edition Date 08105 and Endorsement CGD037, Edition Date 04/05 attached.
CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non-Pj&ment of P ium
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF KENT DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ DAYS WRITTEN
Attn: Nathan Torgelson NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
220 4th Avenue S IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Kent,WA 98032 REPRESENTATIVES.
AUTHORIZEP REPRESENTATIVE
ACORD 25(2001/08) 1 of 2 #S81290/M81252 (�/ SS002 0 ACORD CORPORATION 1988
POLICY NUMBER: 16808935H403PHX08 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY.*PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS OPERATIONS)
This endorsement modifies insurance provided under the following: _
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED— (Section II) is amended c) The insurance provided to the additional in-
to include any person or organization that you sured does not apply to "bodily injury" or
agree in a "written contract requiring insurance' "property damage' caused by 'your work"
to include as an additional insured on this Cover- and included in the "products-completed op-
age Part, but: erations hazard".
a) Only with respect to liability for"bodily injury", d) The insurance provided to the additional in-
"property damage"or"personal injury"; and sured does not apply to "bodily injury" or
b) If, and only to the extent that, the injury or "property damage' that occurs, or "personal
damage is caused by acts or omissions of injury" arising out of an offense committed,
you or your subcontractor in the performance while any separate liability insurance that you
of 'your work" to which the "written contract have procured for that person or organization
requiring insurance' applies. The person or is in effect, regardless of whether the scope
organization does not qualify as an additional or limits of insurance in this Coverage Part
insured with respect to the independent acts exceed those of that separate liability insur-
or omissions of such person or organization. ance or whether that separate liability insur-
ance is valid and collectible.
2. The insurance provided to the additional insured 3. The insurance provided to the additional insured
by this endorsement is limited as follows:
by this endorsement is excess over any valid and
a) In the event that the Limits of Insurance of collectible 'other insurance", whether primary,
this Coverage Part shown in the Declarations excess, contingent or on any other basis, that is
exceed the limits of liability required by the available to the additional insured for a loss we
"written contract requiring insurance", the in- cover under this endorsement.
surance provided to the additional insured 4. As a condition of coverage provided to the
shall be limited to the limits of liability re-
quired by that "written contract requiring in-
surance". This endorsement shall not In- a) The additional insured must give us written
crease the limits of insurance described in notice as soon as practicable of an "occur-
Section III—Limits Of Insurance. rence" or an offense which may result in a
b) The insurance provided to the additional in- claim. To the extent possible, such notice
sured does not apply to"bodily injury", "prop- should include:
erty damage' or "personal injury" arising out i. How, when and where the 'occurrence'
of the rendering of, or failure to render, any or offense took place;
professional architectural, engineering or sur- ii. The names and addresses of any injured
veying services, including: persons and witnesses;and
L The preparing, approving, or failing to iii. The nature and location of any injury or
prepare or approve, maps, shop draw- damage arising out of the"occurrence"or
ings, opinions, reports, surveys, field or- offense.
ders or change orders, or the preparing,
approving, or failing to prepare or ap- b) If a claim is made or"suit" Is brought against
prove,drawings and specifications; and the additional insured, the additional insured
III. Supervisory, inspection, architectural or must:
engineering activities. i. Immediately record the specifics of the
claim or"suit"and the date received; and
CG D2 52 08 05 ®2005 The St. Paul Travelers Companies, Inc. Page 1 of 2
HEBERESEICERT08(E02)
COMMERCIAL GENERAL LIABILITY
ii. Notify us as soon as practicable. S. The following definition is added to SECTION V
The additional insured must see to it that we —DEFINITIONS:
receive written notice of the claim or"suit"as "Written contract requiring insurance" means
soon as practicable. that part of any written contract or agreement
c) The additional insured must immediately under which you are required to include a
send us copies of all legal papers received in person or organization as an additional in-
connection with the claim or"suit", cooperate sured on this Coverage Part, provided that
with us in the investigation or settlement of the "bodily injury" and "property damage" oo-
the claim or defense against the "suit", and curs and the"personal Injury" is caused by an
otherwise comply with all policy conditions. offense committed:
After the signing and execution of the
d) The additional insured must tender the de- a. contract or agreement by you;
fense and indemnity of any claim or suit to
any provider of"other insurance"which would b. While that part of the contract or
cover the additional insured for a loss we agreement is In effect; and
cover under this endorsement. c. Before the end of the policy period.
Page 2 of 2 ®2005 The St.Paul Travelers Companies, Inc. CG D2 52 08 05
HEBERESEICERT08(E02)
'POLICY NUMBER: 16808935H403PHX08 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE - ADDITIONAL INSUREDS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROVISIONS b. The"personal injury"or"advertising injury"for
COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of-
(Section IV), Paragraph 4. (Other Insurance), is fense committed
amended as follows: subsequent to the signing and execution of that
1. The following is added to Paragraph a. Primary contract or agreement by you.
Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex-
However, if you specifically agree in a written con- cess Insurance regarding any other primary in-
tract or written agreement that the Insurance pro- surance available to you is deleted.
vided to an additional insured under this 3. The following is added to Paragraph b. Excess
Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under
a primary and non-contributory basis, this insur- Subparagraph(1):
ance is primary to other insurance that is avail- That is available to the insured when the insured
able to such additional insured which covers such is added as an additional insured under any other
additional insured as a named insured, and we policy,including any umbrolla or excess policy.
will not share with that other insurance, provided
that:
a. The "bodily injury" or "property damage" for
which coverage is sought occurs; and
CG DO 37 04 05 Copyright 2005 The St Paul Travelers Companies, Inc.All rights reserved. Page 1 of 1
HEBERESE\CERT08(E03)