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PW11-164 - Original - Rittenhouse Consulting - Horseshoe Bend Levee - 04/19/2011
�a,_ ecords M _ �agemen' KENT VDocument W A9HINGtOH . e � t♦a 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 City Clerk's Office. Vendor Name: Rittenhouse Consulting Vendor Number: ]D Edwards Number Contract Number: fliti-1(OY This is assigned by City Clerk's Office Project Name: Horseshoe Bend Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signatureTermination Date: 12/31/11 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide negotiation acquisition and relocation services for the project. ckA_ KIlg I � I S Publlc\RecordsManagement\Forms\ContractCover,\adcg7832 1 11108 • KENT PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Rittenhouse Consulting THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Rittenhouse Consulting organized under the laws of the State of Washington, located and doing business at 6229 121s' Avenue SE, Bellevue, WA 98006-4422, Phone: (206) 714- 0826/Fax: (425) 641-4091, Contact: Anne Rittenhouse (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: The Contractor shall provide professional negotiation, acquisition and relocation services for the Horseshoe Bend Levee Project. For a description, see the Contractor's March 30, 2011 Scope of Work which is attached as Exhibit A and incorporated by this reference. Contractor 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, and Contractor shall complete the work by December 31, 2011. III. COMPENSATION. The City shall' pay'Contractor a total amount not to exceed Sixty Four Thousand, Seven Hundred Sixty Two Dollars and fifty cents ($64,762.50) for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor 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. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PROFESSIONAL SERVICES AGREEMENT - 1 (Over$10,000) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. Contractor 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. Contractor 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 Contractor'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 Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. VIII. INSURANCE. The Contractor shell 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. XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor 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. PROFESSIONAL SERVICES AGREEMENT - 2 (Over$10,000) 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. 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. 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 Contractor. 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. 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 p reva 11. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: B &— (s�gna ) By: Print ame: (signature) Its: u C P int N Suzette Cooke ` (title) It or _ DATE: �1 � O DATE: l9 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Anne Rittenhouse Timothy 3. LaPorte, P.E, Rittenhouse Consulting City of Kent 6229 1215T Ave. SE 220 Fourth Avenue South Bellevue, WA 98006-4422 Kent, WA 98032 (206) 714-0826 (telephone) (253) 856-5500 (telephone) (425) 641-4091 (facsimile) (253) 856-6500 (facsimile) PROFESSIONAL SERVICES AGREEMENT - 3 (Over$10,000) APPROVED AS TO FARM Kene Law Department PROFESSIONAL SERVICES AGREEMENT - 4 (Over$I0,000) 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 tS� day of (}� , 20 L_. By , Tit Ie: Date: CA 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. x , 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 (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 , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Rittenhouse Consuftin More than just Right-of-Way. Relocation the Right Way.rm March 30, 2011 Chad Bieren, City Engineer City of Kent - Public Works Department 400 W. Gowe Kent, WA 98032 RE: HORSESHOE BEND LEVEE REPLACEMENT PROJECT—ADDITIONAL CONTRACT SCOPE OF WORK Dear Chad: Pursuant to your request, I am submitting this proposal as a new Scope of Work for the additional deliverables needed on this project As you are aware, my original Scope was based on Professional Negotiation, Acquisition and Relocation services for only 2 business relocations and 3 residential relocations, as well as several partial takes and administrative work. As we have moved forward with this exciting project we have now uncovered additional Landlord Businesses, additional Residential Relocations (which includes residential tenants) and additional Personal Property Only moves, as the attached spreadsheet documents. Related work was performed under my former contracts; however, the estimate below is for the additional work. PROPOSAL FOR SCOPE OF WORK EST. REMAINING ACTIVE WORKING HOURS 394.5 @ $85 p/hr $33,532.50 CLOSE-OUT HOURS 94 5 @ $85 p/hr $ 8,032.50 EST. STATUS REPORT HOURS 13.5 @ $85 p/hr $ 1,147.50 EST. ADMIN HOURS 125 @ $50 p/hr $ 6,250.00 Relocation Plan Completion $ 2,000.00 Project Management 120 @ $85 p/hr $10,200.00 Mileage and Reimbursements $600 x 6 mos $ 3,600.00 Estimated contract amount needed to complete project $649762.50 6229121'Avenue SE♦Bellevue, WA ♦98006-4422 Office 206-714-0826♦Fax 425-641-4091 ♦Rias@Comcastnet WWW.RittConsultinjz.com MISSION STATEMENT Rittenhouse Consulting will represent the City of Kent professionally and ethically at all times, and treat property owners with respect. If you require anything further from me,please do not hesitate to contact me. Sincerely, e Rittenhouse, SR/WA, R/W-RAC, R/W-NAC Project Manager, Rittenhouse Consulting Enc. Project Spreadsheet with estimated details of remaining work 6229121� Avenue SE♦Bellevue, WA ♦98006-4422 Office 206-714-0826♦Fax 425-641-4091 ♦Ritts@Comcast.net www.RittConsulting.com EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000, products-completed operations aggregate limit. EXHIBIT B 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 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 Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant 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 Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant 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 , Consultant 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 sub3ect to all of the same insurance requirements as stated herein for the Consultant. e I _ 08/16/2010 10:07 4259171315 HUMBLE & DAVENPORT PAGE 01/01 aCORD CERTIFICATE OF LIABILITY INSURANCE rIATE(MMMD/YWY)- 08/16/2010 OOUOER PHONE 425.ZZ6.8221 FAX 425.25S.9342 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION mble & Davenport Insurance Brokers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3500 Maple Valley Highway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Renton, WA 98058 INSURERS AFFORDING COVERAGE NAIL# INSURED Rittenhouse Consulting INSURERA, Maryland Casualty Insurance Co. 6229 121st Avenue SE INSURERS Darwin Select Insurance Co. Bellevue, WA 98006-4422 INSURER _ INSURER 0 - . INSURER E COVERAGES THE POLICIES OF INSURANCE USTED 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 1S SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IPIRA LTR NSR TYPF.OF INSURANCE POLICY NUMBER DATE MIDD TION DAT2 MW7DD 41MR3 GENERAL LIABILITY PAS000140675 09/16/2010 09/16/2011 FACHOCCURRENCE _ $ 1,000,00_ X COMMERCIAL GENERAL LIABILITY P S 100001000 CLAIMS MADE OCCUR MED EXP(Any one person) S 10,00 A _ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ Z,OOO OO GEWT AGGREGATE LIMIT APPLIES PER, PRODUCTS-COMP/OP AG_G $ 2t000,000 X POLICY JE Q LOD AUTOMOBILE LIABILITY PAS00014067S 09/16/2010 09/16/2011 COMBINED SINGLE LIMIT ANY AUTO (Ea` cIdem) ALL OWNED AUTOS BODILY INJURY 3 A SCHEDULEDAUTOS (Per Pnrwn) X HIRED AUTOS BOO ILY INJURY $ X NON-OWNED AUTOS leer am dt01) PROPERTY DAMAGE $ (Pnr noddenl) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN En ACC $ AUTO ONLY, AOG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE A OCCUR CLAIMS MADE AGOREGATE $ DEDUCTIBLE $ RETENTION S $ ANDVMP---LO-GEioxLIABILITY PAS000140675 09/16/2010 09/16/2D11 TORY OMIT' X ER ANY PROPRIETORIPARTNER/EXECUTIV YIN WA stop CAP E,l EACH ACCIDENT $ 1 OOO A OFFICER/MEMBER EXCLUDED? , ,OOO t Mendmory In NH) E L DISEASE-EA EMPLOYEE $ 1,000.00C It ye161ALPROVISIO EL DISEASE-POLICYLMAIT $ 11000,00 O SPEC�NRL PROVISIONS below roTessional Liability 03053980 03/12/2010 03/12/2011 $iM Occurrence B $1M Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES/EXCLUSIONS AODED BY ENDORSEMENTI3PECIAL PROVISIONS tE: Right of Way consulting :ertificate holder included as an additional insured with respects to the work performed by the lamed insured for the certificate holder. :overage is Primary/Non-Contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Kent / Attn: Engineering Dept. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LF-FT,BUT FAILURE TO DO So SHALL Attn: Nancy Yoshitake IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 220 "4th" Avenue S REPRESENTATIVES Kent, WA 98032 AU7HORRED REPRESENTATIVE � �� Robert Daven ort BOB 4(;UHD 25(2009101) FAX: 253.856.6500 01988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Received Time Aug. 16, 2010 10: 07AM No, 6625 0910912009 14:39 Humble&Davenport (FAX)425 255 9342 P.0031020 PeLley U D6 MER IAL GE ERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMEN I CHANGES I HE FULICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - S EDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Of anization s : LOC260n(6) Of Covered Operations As required by written agreement or contract. Information required to cam lete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- orgamzation(s) shown in the Schedule, but only sions apply With respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury "property damage" occurring aster caused, in whole or in part, by 1. All work, including materials, parts or equip- ment furnished in connection with such 2. e acts or omissrons ot those ing on your on the protect(other than service, maintenance behalf, or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the addrional insured(s) at the location(s) desig- covered operations has been completed, or nated above 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than anothel contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project- Cry 2n 1n n7 04 a ISO Proportion, Inc., 2004 Page 1 of 1 —Received Time Sep. 9. 2009 2:38PM No. 4837 09ID912009 14:39 Humble&Davenport (FAX)425 255 9342 P.0041020 POLICY #PAS000140675 For Primary coverage see rage 12 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage_ Read the entire policy carefully to determine Throughout this policy the wards "you" and "your" refer to the Named Insured shown in this Declarations,and any other person or organization qualifying as a Named Insured under this policy, The words "we", "us" and "our"refer to the Company providing this insurance The word"insured"means any person or organization qualifying as such under SECTION 11 - WHO IS AN INSURED, Other words and phrases that appear in quotation marks have special meaning.Refer to SECTION V -DEFINITIONS. Coverage provided by this form is also subject to all the Conditions in the COMMON POLICY CONDITIONS form CIUICK REFERENCE SECTION OF THIS FORM BEGINS ON PAGE Section I- Coverages . Coverage: A. Bodily Injury and Property Damage Liability Coverage B. Personal and Advertising Injury Liability___...___......6 Coverage C. Medical Expenses 7 Supplementary Payments- Coverages A and B.,--.—_ -.,7 Section Il - Who Is An Insured..._ _ _ _8 Section III - Limits of Insurance 10 Section IV - Commercial General Liability Conditions., . 1 I Section V - Definitions.__ 13 Section VI - Broad Form Midenr Exrhminn 1� SECTION I - COVERAGES not apply_ We may, at our discretion, COVERAGE A BODILY INJURY AND PROPERTY investigate any "occurrence" and settle DAMAGE LIABILITY any claim or "guff that may result. But 1. insuring Agreement Ill The amount we will pay for dam- ages is limited as described in SEC- a- We will pay those sums that the insured MON Ill-LIMITS OF INSURANCE,and becomes legally obligated to pay as (2) Our right and duty to defend end damages because of "bodily injury" or when we have used up the appli- ance damage" to which this insur- cable limit of insurance in the pay- duty applies.We will have the right and merit limit judgments settlements duty to defend the insured against any ,n 4 r.,,.....� A su see king ose amages However, expenses under Coverage C we will have no duty to defend the in- sured against any "suit' seeking dam- No other obligation or liability to pay sums ages for "bodily injury" or "property or perform acts or services is covered damage" to which this insurance does unless explicitly provided for under kd m a¢ynddWd rtrrt�yw�bi al 3rlr �"sr=or6w-im,♦ah IL-;imam Ccoy9S2001 Ed 4-99 uWnphL r99s bbryl"r-G ra smr nr,arm rb rssr ry rmparfy,a�io ndiiaar�nnd,sefu.v° Page 1 of 17 —Received Time—Sep. 9. -2009— 2: 38PN1 No. 4837 09/09/2009 14:40 Humble &Davenport (FAX)425 255 9342 P.005IO2O SUPPLEMENTARY PAYMENTS - COV- (b) Such attorney fees and litigation ERASES expenses are for defense of that b_ This insurance applies to "bodily injury party against a civil or altema- and "property damage" only d Live dispute resolution procead- €ng in which damages to which I11 The"hoddy inn icy"or"nroperit darn- this or ranse applies are alleged age" is caused by an "occurrence" that takes place in the "coverage c Liquor Liability territory"; and "Bodily injury"or"property damage"for _ which any Insured may be held liable b age" occurs during the policy pe- reason o _ riod (1) Causing or contributing to the in- c Damages because of"bodi[y injury" in- toxication of any person; rliide damages claimed by any person (2) The furnishing of eleeho)le bevei or organization for care, loss of ser- ages to a person under the legal vices or death resulting at any time from drinking age or under the Influence the"bodily injury". of alcohol; or 2. Exrliislons (2) Any statute,ordinance or regulation This insurance does not apply to: relating to the salo, gift distribution or use of alcoholic beverages. a Expected Or intended Injury This exclusion applies only if you are in "Bodily injury, or "P :F dimffgw the 6 ,.n 0, _ .tom .r i expected or intended from the stand- uting, selling, serving or furnishing al- point of the insured This exclusion does coholic beverages, not apply to"bodily Injury"resulting from d Workers' Compensation And Similar the use of roasonable force to protect Lawa persons or property. b. Contractual propLiabierty. ity Any obligation of the insured under a workers' compensation, disability ben- 'Bodily injury"or"property damage"for efts or unemployment compensation law damages by reason of the assumption e. Employer's Liability of liability in a contract or agreement This exclusion does not apply to liability "Bodily injury" to: for damages: I1) An "empluyee' of the Insured aris- (1) That the insured would have in the ing out of and in the course of: absence of the contract or agree- (a) Employment by the insured; or menu or + » --m- e-I 1b1 Performina duties related to the (2}--," umed In-a-con;=oat-o,- m that is an "insured contract", pro- conduct of the insured busi- vided the "bodily injury" or "prop- ness, or erty damage" occurs subsequent to (2) The spouse,child,parent,brother or the execution of the contract or sister of that"employee" as a con- agreement Solely for the purposes sequence of Paragraph (I ) above. of liability assumed in an "insured This exclusion a lie contract", reasonable attorney fees PPs and necessary litigation expenses (11 Whether the insured may be liable incurred by or for a party other than as an employer or in any other ca- an insured are deemed to be dam- pacity; and ages because of "bodily injury" or "property damage", provided (2) To any obligation to share damages a I iandito to a,irhnarfir fnr, with or repay someone else who because �e must psy damages I cost of,that party's defense injury, has also been assumed in the same"insured contract'; and This exclusion does not apply to liability assumed by the insured under an 'in- sured cunti dct". trdudx4 ap/rid^cJ mrWO1 W ku.. Swim.Olrim irc,raw 114 pv =M 7999.�r ".lr,r Tay Cpgvey,O�l"mv o' haa� 1nrd rmfawn 9S2O01 Ed. 4-99 "�md*- ,rdcac' Page 2 of 17 —Received Time—Sep, 9, -2009 2 : 38PM No. 4837 09109/2009 14:40 Humble&Davenport (FAX)425 255 9342 P.0061020 f. Pollution on any insured's behalf are per— (1) "Bodily injury'or"property damage" formhe " ol- luttant's"are brought onng oorations if to to the arising out of the actual, alleged or premises,site or location in con— threatened discharge, disparsal, nectlon with such o eravons b seepage, migration, release or es— P y cape of "pollutants" Q1contractor. However, this sub— [a) At or from any premises,site or paragraph does not apply to- location which is or was at any time owned or occupied by, or (i) "Bodily injury" or "property e oloaned to, any jhsured. other o s,lubricants or fuel However,this subparagraph does oth escape of fuel fluids which not apply to: operating are needed to perform the 01 'Bodily injury" if sustained normal electrical,hydraulic or within a b iG7dmg and cause mec anica unctons neces— by smoke, fumes, vapor or sary for the operation of soot from equipment used to "mobile equipment" or its heat that building; parts,if such fuels,lubricants 91) "Bodily injury" or "property or other operating fluids ca— damage" for which you may cape from a vehicle part be held liable, If you area designed to hold, store or receive them.This exception contractor and the owner or does not apply if the"bodily losses 1.h premi-ins- site Jury or gropedamage" or location has been added arisos out of the intentional to your policy as an edditional discharge. dispersal or re— insured with respect to your lease of the fuels, lubricants ongoing operations per— or other operating fluids, or farmed for that additional If such fuels, lubricants or insured at that premises,site other operating fluids are or location and such pre— brought on or to the pre— mises, site or location is not mises, site or location with and never was owned or the int9m:mart fey be d s— occupied by, or rented or charged, dispersed or re— loaned to,any insured,other leased as part of the opera— than that additional insured; bons being performed by or such insured, contractor or (iu) "Bodily injury" or "property subcontractor; damage" arising out of heat, G) "Bodily injury" or "property smoke or fumes from a damage" sustained within a "hostile fire"; building and caused by the IN At or from any premises, site or release of gases, fumes or location which is or was at any vapors from materials time used by or for any insured brought into that building in or others for the handling,stor— connection with operations age, dL5pvsul, processing or heiuy performed by you or treatment of waste; onyourbehalf by a contrac— {e) Which are or were at any time tor or subcontractor; or transported, handled, stored, (in) "Bodily injury" or "property treated, disposed or, or pro— damage" arising out of heat, cessed as waste by or for any smoke or fumes from a insured or any person or orga— "hostile fire", or nization for whom you may be fe) At or from any promises,site or legally responsible; , __,._ ,Qcapo>n on ro NCh any insvred or (d) At or from any premises, site or any contractors or subcontrac— location on which any insured or tors working directly or indirectly any contractors or subcontrac— on any insured's behalf are per— tors working directly or indirectly forming operations if the opera— Irdimf cWrrltfiI �rciwl of amm sae l=C1 .Of IM he ati11�tl-,lanl�m 952001 rd. 4-99 �� imaM-rv�rol axalwy m°a,rc. " tear fyCm-nn/..a+a nddtlttvl Joel wd revfnms Page 3 of 17 Received Time—Sep. 9. 2009 2: 38PM No. 4837 0910912009 14:40 Humble&Davenport (FAX)425 255 9342 P.O071O20 lions are to test for, monitor, (4) Liability assumed under an "insured o n, treat, con act' for a ownership, main- detoxify or neutralize, or in any tenance or use of aircraft or wa- way respond to, or assess the tercraft, effects of, "pollutants". f5) "Bodily injury'or"property damage" (2) i,ny ioss,cost of arising cut of the operation of any of any: of the equipment listed in Paragraph (a) Request,demand,order or statu-- f.a)or f.13)of the definition of'mo- tory or regulatory requirement bile equipment'; or e o e n aircra t you do not own that you for, monitor, clean up, remove, charter with crew. contain, treat, detoxify or neu- y Mobile Equipment traliza, or in any way respond to, or assess the effects of "pnl- "Bodily in"r�" eT�feparh)r gar«dye" lutants", or arising out of: IN Claim or suit by or on behalf of (1) The transportation of"mobile equip- a governmental authority for ment' by an"auto"owned or oper- damages because of testing for, ated by or rented or loaned to any monitoring,cleaning up,remov- Insured; or ing,containing,treating,detoxi- fying or neutralizing, or in any (2) The use of "mobile equipment" in, way responding to, or assess-- or while in practice for,orwhile being ing, speed, demolition, or stunting However, this paragraph does not activity. apply to liability for damages because t War of "property damage" that the in- sureLl would have in the absence of "Bodily injury"or'property damage"due such request, demand, order or to war,whether or not declared, or any statutory or regulatory requirement, act or condition incident to war War or such claim or"suit' by or on be- includes civil war, insurrection, robel- half of a governmental authority, Ron Gr a; tlafk T,;3 s ttasfo;rappiies g. Aircraft Auto Or Watercraft only to liability assumed under a con- tract or agreement "Bodily injury' or "property damage" j. Damage To Property arising out of the ownership, mainte- nance, use or anti ustment to others of "Property damage" to: any aircraft,"auto" or watercraft owned or operated by or rented or loaned to (1) Property you own, rent, or occupy; any insured Use includes operation and 121 Premises you sell,give away or aban- 'loadinq or unloading' 'a_ , if the"property claltldgu���� This exclusion does not apply to: out of any part of those premises, (1) A watercraft while ashore on pre- (3) Property loaned to you; mises you own or rent; (4) Personal property in the cars, cur- (2) A watercraft you do not own that tody or control of the insured; is: (5) That particular part of real property (a) Less than 51 feet long; and on which you or any contractors or subcontractors working directly nr (b) Not being used to carry persons indirectly on your behalf are per- or property for a charge; , forming operations, if the"property (3) Parking an"auto"on, or on the ways damage'arises out of those opera- next to, premises you own or rent, tions; or ' e' o-is no ownerl by (6) That particular part of any property or rented or loaned to you or the that must be restored, repaired or insured, replaced because "your work" was incorrectly performed on it irduk,s=wro"d rwiiaim ar iio.,, sa"ia,Olim irc,viiii m i mmm 952001 Ed, 4-29 "'°q'ra ir��"W og la i2, isvr cw,rrd� lags, a.i c,=i ",in.diuvol rmi rrrdrwiacrc Page 4 of 17 Received Time Sep. 9. 2009 2:38PN1 No. 4837 09/09/2009 14:41 Humble & Davenport (FAX)425 255 9342 P.0081020 Paragraphs(1), (3)and (41 of this exclu- the loss of use, withdrawal recall in- sim 1 do not apply to"propertydamage,' specbon,repair,replacement,adjustment, to premises, including the contents of removal or disposal of. such premises,rented to you for a pe- riod of 7 or few our fewer consecutive days.A p separate limit of insurance applies to {) "Your werle or Tenants Legal Liability as described in SECTION Ili - LIMITS OF INSURANCE, (3) "Impaired property"; Paragraph (2)of this exclusion does not if such product, work, or property is apply if the premises are "vnlir work" withdrawn or recalled from the market and were never occupied,rented or held or from use by any person or organi- for rental by you. zation because of a known or suspected defect, deficiency, inadequacy or dan- Paragraphs (3), 14), (5) and (6) of this gerous condition in it exclusion do not apply to liability ;as- sumed under a sidetrack agreement. o• Professional Paragraph(9)of this exclusion does not 11)•"godly injury"or"property damage" apply to "property damage" included in arising out of the rendering or fail- the "products-completed operat,nns ure to render any professional ser- hazard" vice, including but not limited to: is Damage To Your Product (a) Accounting,advertising,archltec- tural,drafting,engineering,finan- 'Property damage" to "your produce' cial insurance or legal services, of itor any partof it advice and instruction; 1. Damage To Your Work (b) Medical, cosmetic, dental, ear 'Property damage"to"your work"aris- piercing,hair dressing.massage, ing out of it or any part of it and in- physical therapy. veterinary, cluded in the"products-completed op- nursing, surgical or x-ray ser- erations hazard". vices, advice and instruction; This exclusion does not apply if the (c) Use of any tanning booth, tan- damaged work nr th�k n 1- — hi h ninq had, tannin4 equipment or the damage arises was performed on tanning device; your behalf by a subcontractor. (d) Laboratory operations or ser- m. Damage To Impaired Property Or Prop- vices, whether medical or not; arty Not Physically injured and "Property oamage" to "impaired prop- (e) Services performad as a funeral erty"or property that has not been physi- director or as an operator of a tally injured, arising out of: cemetery; and 19 a ec, deficiency, Inadequacy or dangerous condition in"your prod- instruction for the purpose of uct' or "your work or appearance or skin enhancement, hair removal or replacement or 12) A delay or failure by you or anyone personal grooming. acting on your behalf to perform a (2) This exclusion does not apply to: contract or agreement In accordance pP V with its terms. la) Pharmacological services If: This exclusion does not apply to the foss (i) You do business as a retail of use of other property arising out of drug store and do not manu- suddeh zhd accidental physical in)ury to facture or compound in bulk "your product" or "your work' after it pharmaceuticals for sale by has been put to its intended use. others; and n. Recall Of -ro -uc s, Work Ur impaired (ii) The"bodily injury"or"prop- Property arty damage" is not caused Damages claimed for any loss, cost or by the willful violation of a expense incurred by you or others for penal statute or ordinance tl)d-&a--Ppd"d"c&bl ai hw.r Svvl®015m 1r ,mh I"pe"i:zim 9S2Dp1 Ed 4-99 �arfl ,�9rm,a, G rnscn�owel�. lss� ry ry C4aR',as W amiauyil tad and rwbc Page 5 of 17 —Received Time—Sep. 9, -2009— 2:38PM No. 4837 09/09/2009 14:41 Humble &Davenport (FAX)425 255 9342 P.0091020 relating to the sale of phar- the offense was committed in the"cov- erage rrr#cry' during the policy pa- knowledge or consent of any rind. insured; 2 Exoluslons (b) Optical or hearing aid services, pa- ration,production,mounting,fit- a. "Personal and advertising injury": ting, demonstration or distribu- tion of ophthalmic lenses and (11 Caused by or at the direction of the similar products or hearing aid insured with the knowledge that the services. act would violate the rights of an- other and would inflict"personal and p. Personal And Advertising Injury advertising injury'; 'Bodily injury" arising out of "personal (2) Arising out of oral or written oub- and ewerhsmg mhy' IicatJon of material, if done by or at Exclusions c,through o.do not apply to"prop- the direction of the insured with arty damage" to premises while rented to you knowledge of its falsity; or temporarily occupied by you with permis- (3) Arising out of oral or written pub- sion of the owner.A separcite limit of Insurance lication of material whose first pub- applies to Tenants Legal Liability, as described lication took place before the be- in SECTION III - LIMITS OF INSURANCE. ginning of the policy period; COVERAGE B. PERSONAL AND ADVERTISING (4) Arising out of the willful violation of —""A,'��'aL:'T a penal statute or ordinance com- 1. Insuring Agreement mltted by or with the consent of any a We will pay those sums that the insured insured; becomes legally obligated to pay as 151 For which the insured has assumed damages because of"personal and ad- Iiability in a contract or agreement vertising injury" to which this insurance This exclusion does not apply to li- applies We will have the right and duty ability for damages that the insured to defend the insured against any %ulf would have in the absence of the will have no duty to defend the insured 161 Arising out of a breach of contract, against any "suit' seeking damages for except an implied contract to use "personal and advertising injury"to which another's advertising idea in your this insurance does not apply. We may, "advertisement'; at our discretion,Investigate any offense and settle any claim or "suit' that may (7) Arising out of the failure of goods, result But products or services to conform with any statement of quality or perfor- ll) The amount we will rev for dam- � ywdeTerRSEmznF`;— ages is limited as described in SEC- TION III-LIMITS OF WSURANCE;and (8) Arising out of the wrong descrip- tion of the price of goods, prod- (2) Our right and duty to defend and ucts or services stated in your"ad- when we have used up the appli- vertiscmenV; cable limit of insurance in the pay- ment of judgments or settlements (91 Committed by an insured whose busi- under Coverages A or B or medical ness is advertising, broadcasting, expenses under Coverage C. publishing or telecasting. However, this exclusion does not apply to No other obligation or liability to pay sums Paragraphs 14.a.,b.and c. of"per- or perform acts or services is covered sonal and advertising injury" under unless explicitly provided for under SECTION V - DEflNITMONS, or SUPPLEMENTARY PAYMENTS - COV- threatened discharge, dispersal, b. This insurance applies to "personal and seepage, migration, release or es- advertising injury"caused by an off ensa cape of"pollutants" at any time. arising out of your business but only If Ldulu L't hyn�am!rta�lrriul¢f Gruarm 5¢vlon Olr�6't Wfh IL Wtre=m 9S20 01 Ed. 4-99 �i� I939.Mrvt CCA olry tw"1"f Win Dom-abi,��a And migarn Page 6 of 17 Received Time—Sep, 9, -2009— 2: 38PM No, 4837 09/0912009 14:41 Humble & Davenport (FAX)425 255 9342 P.0101020 b. Any loss, cost or expense arising out a To any insured b. To a person hired to do work for or on 11) Request, demand or order that any behalf of any insured or a tenant of any insured or others test for, monitor, insured. clean up, remove, contain, treat, ay c.respond to, or assess the effects mises you own or rent that the person of, "pollutants'; or normally occu Pias (2) Claim or suit by or on behalf of a d To a person, whether or not an "ern- because of testing for, monitoring, the "bodily injury" are payable or must cleaning up, removing, containing, be provided under a workers compen- treating, detoxifying or neutralizing, station or dlsabilitybenefita law or a similar or in eny wayresponding toor as- law- sessing the effects of, "pollutants". a To a person Injured while taking part in COVERAGE C. MEDICAL PAYMENTS athletics 1. Insuring Agreement f. Included within the"products-completed aperationc hazard". a We will pay medical expenses as 3 Excluded under Coverage A scribed below for bodily Injury"causedseed by an accident h Due to war,whether or not declared,or (1) On premises you own ar rant- any act or condition incident towar War includes civil war, insurrection, rebel- (2) On ways next to premises you own lion or revolution. or rent or SUPPLEMENTARY PAYMENTS - COVERAGES (3) Because of your operations; A AND B provided that L We will pay, with respect to any claim we 11) The accident takes place In the"cav_ investigate or settle, or any"suit' against an era a territo Insured we defend g territory"and during the policy period- All expenses ou ilicui. (21 The expenses are incurred and re- b. The cost of hail bonds required because ported to us within three years of of accidents or traffic law violations the date of the accident, and arising out of the use of any vehicle to 13) The injured person submits to ex- which the toddy Injury Liability Cover- amination, at our expense, by phy- age applies_ We do not have to furnish sicians of our choice as often as we these bonds- reasonably require, a The cost of bonds to release attach- b. �- l Wite will ,-w Make a ese payments - the applicable limit of insurance.We do lass of fault Those payments well not not have to furnish these bonds. exceed the applicable limit of Insurance. We will pay reasonable expenses for: d All reasonable expenses incurred by the 11) First aid administered at the time of Insured at our request to assist us In the an accident; investigation or defense of the claim or "suit', including actual loss of earnings (2) Necessay medical, surgical, x-ray up to $250 a day because of time off and dental services, Including pros- from work. thetic devices; and a All costs taxed against the insured in the (3) Necessary ambulance,hospital,pro- "suit". nal nursing and funeral ser- vices. f. Prejudgment Interest awarded against the 2. Exclusions pay. If we make an offer to pay'te ap- We will not pay expenses for "bodily in- Pllcable limit of insurance, we well not jury": pay any prejudgment interest based on !hat period of time after the offer. trshe�nyy omi o,Lv m al swims oqi 4 ,.49,to pehi©m 952001 I d 4-9 CIP O S ,m. fro 1c 197 mo Page 7 of 17 —Received Time—Sep. 9, -2009— 2: 38PM No. 4837 0910912009 14:42 Humble&Davenport (FAX)425 255 9342 P.0111020 g. All interest on the full amount of any 121 Provides us with written authorize- lon o_ judgment and before we have paid, of- fered to pay, or deposited in court the (e) Obtain records and other infor- part of the judgment that is within the mation related to the"suit", and applicable limit of insurance. (b) Gs duatandciontro; ' tdefe nse These payments will not reduce the iimits of the indemnitee in such "suit" of Insurance. So long as the above conditions are met, 2 If we defend an insured against a"suit'and attorneys' fees incurred by us in the de- as a party to the "suit', we will defend that Lion expenses incurred by us and necessary indemnitee if all of the following conditions litigation expenses incurred by the indem- are met nitee at our request will be paid as Supple- 8 The osui"' mentary Payments Note ithstandin thepro- 898=2_13t the JindelFJOILUt! SUMS isioris ot Paragraph 2.b.(2)of SECTION I - damages for which the Insured has as- COVERAGE A-BODIMMURYAND PROP- sumed the liability of the indemnitee in a ERTYDAMAGE LIABILITY, such payments wit contract or agreement thatisan'Insured not be deemed to be damages for "bodily contract; injury" and "property damage' and will not b. This insurance applies to such liability reduce the limits of insurance, assumed by the insured; Our obligation to defend an insured's In- c. The obligation to defend, or the cost of demnitee and to pay for attorneys' fees and rti 1 c larisa of v AirnderrHSftee has also ne .ae am been assumed by the insured in the same tar Payments ends when: "insured contract"; a We have used up the applicable limit of d. The allegations in the "suit" and the in- insurance in the payment of judgments formation we know about the "occur- or settlements; or rence" are such that no conflict appears b. The conditions set forth above, or the to exist between the interests of the terms of the agreement described in Insured and the interests of the indem- Paragraph f. above, are no longer met nitee; e. The indenviitea and the insured ask us SECTION u - WHO IS AN INSURED to conduct and control the defense of 1• If you are designated in the Declarations as: that indemnitee against such "suit" and a. An individual, you and your spouse are agreethatwe can assign the same coun- insured:,, but only with respect to the sal to defend the insured and the in- conduct of a business of which you are demnitee, and the sole owner. f. The indemnitee: b_ A partnership or joint venture, you are /� writingIn A ire ,r V — gre ^- ners,and their spouses are also insureds, (a) Cooperate with us in the roves- but only with respect to the conduct of tigation, settlement or defense your business, of the "suit'; n A limited liability company, you are an ib) Immediately send us copies of insured Your members are also insureds, any demands, notices, sum- but only with respect to the conduct of monses or legal papers received your business Your managers are in- in connection wiLh the "suit; sureds, but only with respect to their (c) Notify any other insurer whose duties as your managers. coverage is available to the in- d An organization other than a partner- demnitee; and ship, joint venture or limited liability (d) Cooperate with us with respect company,you are an insured Your"ex- to coordinating other applicable sou ive o ticers" and directors are in- insurance available to the indem- sureds, but only with respect to their nitee, and duties as your officers or directors.Your stockholders are also Insureds,but only with respect to their liability as stocic- irT.l�da=�/nd"od+rnimial W4mr"�Sw OIOifim i I 9S2001 Ed 4-99 OCNI tea. Isss�"�C�GoU qS&WOUS 01�I2• j i i ry �ry ac to od3Wo1 imt Page 8 0# 17 —Received Time—Sep, 9. -2009— 2: 38JM No. 4831 0910912009 14:42 Humble&Davenport (FAX)425 255 9342 P.0121020 holders. Your subsidiaries, and subsid— any of your "employees" any iaries of subsidiaries-3rairts partner or member(if you are a (1) They are legally incorporated enti— partnership or joint venture), or ties; and any member (if you are a limited (2) You own more than 50%of the voting liability company)_ stock in them as of the effective b. Any person(other than your"employes"L date of this policy. or any organization while acting as your real Estate manager If such subsidiaries are not shown in the C. An person or organization having proper Declarations, you must repot them t� Y P 9 _ us within ]8D days of the inception of temporary custody of your property if this policy. you die, but only: 2 Each of the following is also an insured (1) With respect to liability arising out a; YouF"employeas" of the maintenance or use of that eryo property; and "executive Officers" if you are an or— ganization other than a partnership,joint (Z) Until your legal representative has venture cr limited liability company) or been appointed your managers (if you are a limited li— d. Your legal representative if you die,but ability company),but orly for acts within Only with respect to duties as such That the scope of their employment by you representative will have all your rights or while performing duties related to the and duties under this Coverage Part conduct o 11 f your business However,none of thg-_ you agree, because of a written con— (1) "Bodily injury" or"personal and ad— tract, to provide insurance such as is vertising injury". afforded under this policy,but only with (a) To you, to your partners or respect to liability arising out of your members (iF you are a partner— operations, "your work" or facilities ship or joint venture), to your owned or used by you_ members(if you are a limited li— This provision does not apply. ability company),or to a co-•"Em- I iL TO an„, jur _ is either in the course of his or sor of leased equipment grantor of her employment or performing a franchise, engineer, architect or duties related to the conduct of surveyor; or your business; (21 Unless the contract has been signed (b) To the spouse, child, parent, prior to the date of "bodily Injury", brother or sister of thatco—"em— "Property damage", or "personal or ployse" as a consequence of advertising Injury"_ Paragraph (1)(a) above; Anyps,- on nor. .�drrtawharrry u ,§o„Br,......,,ra (c.) For which there is any obligation are obligated by virtue of a written"in- to share damages with or repay surad contract'to provide insurance such someone else who must pay as is afforded by this policy, but only damages because of the injury with respect to liability arising out of described In Paragraphs (I)(a)or the ownership, maintenance, or use of (b) above; or that part of any premises leased to you. (d) Arising out of his or her pro— This does not apply to: viding or failing to provide pro— (1) Any "occurrence" that takes place fessional health care services. after you cease to be a tenant on (2) "Property damage"to property. those premises_ (2) Structural alterations,new construe— (a) Owned, occupied or used by, ton or demolition operations per—Heated to, in the care, custody formed by or on behalf of such:n— or control of, or over which sured. physical control is being exer— g. Any state or pollticai subdivision,but only cised for any purpose by you, as respects legal liability incurred by the It's"cq7MgFt-Juul&ial or Irc mo swims orlm Im.wul m F .Jm 9S200] Ed 4-99 leas rraryr r� ��rm761Fm lc, 1997 �V ry F� a.m adilual teq p,R{rwmm: Page 17 —Received Time—Sep. 9. -2009— 2: 38PM No. 4837 09/0912009 14:42 Humble&Davenport (FAX)425 255 9342 P.0131020 state or political subdivision solely be- offense committed before you acquired r�i�ca it F,..-�iit irl-COhneC-"- or-for E -the- p1'g8n-l2 lOn. on with premises you own, rent, or control No person or organization is an insured with below for one o� the hazards fisted respect to the conduct of any current or past partnership,joint venture or limited liability com- isl The + maintenance, L s e n as a ame nsure in construction,erection,or removal of the Declarations. advertising signs,awnings,canopies, SECTION III - LIMITS OF INSURANCE cellar entrances, coal holes, drive- ways,manholas,mar uees,hoistawa openings, si awe vaults, street larations and the rules below fix the most banners or decorations and similar we will pay regardless of the number of: exposures; a Insureds; (2) The construction,erection or removal Ot e eve ors; or 15. Claims made or "suite rought, or (3) The ownership, maintenance or use c. Persons or organizations making claims of any elevators covered by this or bringing "suits". insurance. 2_ The General Aggregate Limit is the most we 3. VWth respect to "mobile equipment"regis-- will pay for the sum of. tered In your name under any motor vehicle a Damages under Coverage A, except registration taw, any person is an insured damages because of "bodily injury" or while driving such equipment along a public ';property d- agia rrelttde11 a W;U`-" ig way wnn yourpermissiort Any other per- ucts-completed operations hazard";and son or organization responsible for the con- duct of such person Is also an insured, but b. Damages under Coverage B. only with respect to liability arising out of The General Aggregate Limit applies sepa- rho operation of the squipmcnt, and only if rately to each location owned by or rented no other insurance of any kind is available to you. Location,as used here, means Pre- to that person or organization for this li- mises involving the same or connecting lots, ability.However, no person or organization or premises whose connection is interrupted is an insured with respect to: only by a * .,way . a. Bodily Injury" to a co-"employee' of of-way of a railroad the person driving the equipment, or 3. The Products-Completed Operations Ag- b_ "Property damage" to property owned gregats Limit is the most we will pay under hy, rented to,in the charge of or occu- Coverage A for damages because of"bodily pied by you or the employer of any injury" and "property damage" included in person who is an insured under this the "products-completed operations haz- provision. ard" A Anu nrgani:atinn7 r � 4uWeo ftm"'7-4 Subject to ? abo 2 the Pw-sonal and other than a partnership or joint venture, vertising Injury Limit is the most we will pay and over which you maintain ownership or under Coverage B for the sum of all dam- majority interest,will qualify as a Named In- ages because of all "personal and advertis- sured if there is no other similar insurance Ing injury" sustained by any one person or avaliable to that organization. However: organization. a Coverage underthis provision is afforded 5. Subject to 2. or 3. above, whichever ap- only until the 180th day after you ac- plies,the Each Occurrence Limit(s the most quire or form the organization or the we will pay for the sum of. end of the policy period, whichever is a Damages under Coverage Ati and earlier; b. Coverage A does not apply to "bodily b• Medical expenses under Coverage C injury" or "property damage" that oc- because of all "bodily injury" and "property curreu-before you acquire or formed damage a arising out of any One"occurrence". the organization; and 6. Subject to S. above, the Tenants Legal Li- t Coverage B does not apply to"personal ability Limit is the most we will pay under and advertlsing injury"arrsing out of an Coverage A for damages because of"prop- 41W1=¢{r(rty,md" Mbl :. 1v 'Diem 1r wih Jic paMi dw 9S2001 Ed, 4^9 3 �+�dn trrLC.W,t 1r"`��s,,[=offm M. 1997 ry LP D=Pjlry.":wedbflwl U.%"rdreddoc Page 10 of 17 Received Time Sep, 9. 2009 2; 38PN1 No. 4837 09109/2009 14.43 Humble&Davenport (FAX)425 255 9342 P.0141020 arty damage" to any one premises, whlle legal papers received in connection withrented to you or ternpora,Uy ua;upied by a claim or"suit'; you with permission of the owner, arising out of any one "occurrence' (21 Authorize us to obtain records and 7_ Subject to 5. above, the Medical Expense other information; age C for all medical expenses because of tion or settlement of the claim or "bodily injury"sustained by any one persort defense against the "suit"; and The Limits of Insurance of this Coverage Part 141 Assist us, upon our request; In the period and to any remaining period of less than person or organization which may 12 months, starting with the beginning of the be liable to the insured because of policy period shown in the Declarations, unless injury or damage to which this in- the policy period is extended after issuance for surance may also apply, an a loon period of less than 12 months In d. No insured will,except at that insured's that case, the additional period will he deemed own cost, voluntarily make a payment, part of the last preceding period for purposes assume any obligatian.or Incur any ex- of detarmining the Limits of Insurance. pense, other than for first aid, without SECTION IV- COMMERCIAL13ENERALLIAHILITY our consent CONDITIONS e_ Knowledge of "occurrence", claim or 1. Sankruptcy "suit'by an agent, servant or"employee" _ of an insured (other than an officer or or p et-) ddoes not imply knowledge by of the Insured's estate will not relieve us of the insured unless thee insured has re- our obligations under this Coverage Part ceived notice from the agent, servant 2. Duties in The Event Of Occurrence,Offense, or "employee'. Claim Or Suit f. Failure by an agent servant or"amp loyee" a You must sea to it that we are notified of an insured [other than an "executive as soon as practicable of an "occur- officer", manager or partner) to notify rence" or an offense which may result us of an "occurrence" will not be con- �ht'.. T +.i ..... _ BlflPr a failnro rn rnm 1. .. W p p. ara- should include: graphs a and b above. {1) How, when and where the"occur- 3. Legal Action Against Lis rence" or "offense" took place; No person or organization has a right under (2) The names and addresses of any in- this Coverage Part lured persons and witnesses, and a To join us as a party or otherwise bring 13) The nature and location of any in- us into a"suit"asking for damages from jury or damage arising out of thin an insured; or "occurrence" or offense b. To sue us on this Coverage Part unless b. if a claim is made or "suit" is brought all of its terms have been fully complied against any insured, you must with (1) Immediately record this specifics of A person or organization may sue us to re- the claim or"suit' and the date re- cover on an agreed settlement or on a final ceived; and judgment against an insured obtained after an actual trial; but we will not be liable for 12) Notify us as soon as practicable_ damages thatare notpayabJe under the terms You must see to it that we receive written of this Coverage Part or that are in excess notice must the claim or "suit' as earn en of theappiicable limitof insurance An agreed practicable, settlement means a settlement and release of liability signed by us, the insured and the c You and any other involved insured mint- claimant nr the riniM nv I i P se T I11 Immediately send u; copies of any Live. demands, notices, summonses or 4. Motor Vehicle taws hcidc i�d"d rtaiQ.vl n146,.aivi wvl1u 4 IM lrc vJJ.ltc rmrvdm 9S2007 Ed. 4-99 CnEK issR r�w`t 5 'worm i,�, l y ,dGmallY�rW"y.ea IoaGiLvnl Page 11 of 17 Received Time Sep. 9. -2009 2: 38'M No, 4837 0910912009 14:43 Humble&Davenport (FAX)425 255 9342 P.0151020 1Nith rospectto"mobile equipment"to which SECTION I - COVERAGE A - PROPERTY a When this Coverage Part is certified as DAMAGE LIABiLfiY. proof of financial responsibility under (2) Any other primary insurance avail- the provisions of any motor vehicle fi- able to you covering liability for nanriai ra n lllty--_01, the insurance damages arising a f triie premises provided by the Coverage Part for Bodily or operations for which you have injury Liability, or Property Damage Li- been added as an additional insured ability will comply with the provisions by attachment of an endorsement of the law to the extent of the cover- s and limits or insurance required by Whan trils insurance Is excess,we will that law_ have no duty under Coverages A or B to defend the insured against any claim or b. We will provide any liability, uninsured "suit" if any other insurer has a duty to motorists, underinsured motorists, no- defend the incilradagainst than claim er au or-o-fiercov rragesrequiredbyany "suit". If no other Insurer defends, we motor vehicle Insurance law. We will will undertake io do so, but we will be prov(de the required limits for those entitled to the insured's rights against all coverages. those other insurers, B. other lasnrFence When this insurance is excess over other e/r valid and collectible I Rraqa% ce' insurance, we will pay only our share of able to the insured for a loss vethe amount of the loss, If any, that ex- Coverages A or B of this seeds the sum of: our o iga ions are ImI as ollows t I1) The total amount that all such other a Primary Insurance insurance would pay for the loss in This insurance is primary except when the absence of this insurance; and b_below applies, If this insurance is pri- (2) The total of all deductible and olf- mary, our obligations are not affected insured amounts under all that other unless any of the other insurance is also Insurance Primary.Then,we will share with all that We will share the remaining lass,if any, other insurance by the method described with any other i SI Iranro+i,a r +,L-._ n c.l 'in in scr1'6 d in this Excess insurance provi- b_ Excess insurance slon and was net bought specifically to apply in excess of the Limits of Insur- This insurance is excess over once shown in ,he Declarations of this 11) Any of the other Insurance,whether Coveraya Part primary,excess,contingent or on any c. Method Of Sharing other basix If all of the other insurance permits con- (a) That is Fire,Extended Coverage, tribution by en1 inl sh roc We will r^llew Builder's Risk,Installation Risk or this method also. Under this approach similar coverage for"your work"; each insurer contributes equal amounts (b) That insures for direct physical untl it has paid its applicable limit of loss to premises rented to you insurance or none of the loss remains, or temporarily occupied by you whichuver comas first with permission of the owner; If any of the other insurance does not (c) That is insurance purchased by permit contribution by equal shares, we you to cover your liability as a will contribute by limits. Under this tenant for"property damage" to method, Bach insurer's share is Lased premises rented to you or tem- on the ratio of its applicable limit of porarily occupied by you with insurance to the total applicable limits Permission of the owner; or of insurance of all insurers. It w e oss arises out of the main- nrem1.11 tenance or use of aircraft, "au- tos" or watercraft to the extent not subject to Exclusion g. of hdld+%=F/ridn^d, w.]of hr_rmm s,..,�OFFM lrc Wi1..L,pvmay�i I� Swims Ohm Irc, 1e97 9S2001 Ed 4-99 C'minum 1M9 (99 e,d r^ Iry G ra r,as Ic utl bnl r i ud 1ml�oc Page 12 of 17 —Received Time Sep. 9. 2009— 2. 38PM No. 4837 0910912009 14:43 Humble&Davenport (FAX)425 255 9342 P.0161020 a We will compute all premiums for this will not invalidate or affect coverage for (-overage-Part in accordance with ou, mesa premises or operations But you must rules and rates. report such error or Omission to us as soon b_ Premium shown In this Coverage Part as Practicable after its discovery. as advance premium is a deposit pre- 11.When We Da Not Renew milLM onl;TAt the Giese of each audit period we will compute the earned pre- if we decide not to renew this Coverage mium for that period Audit premiums Part,we will mail or deliver to the first Named are due and payable on notice to the insured shown in the Declarations written first Named Insured. if the sum of the notice of the non-renewal not less than 30 a once an au premiums paid for the a expire.ion a e policy period is greater than the earned if notice is mailed, proof of mailing will be Premium, we will return the excess to sufficient proof of notice. the first Named� Insured_ — - � - a -irs erneInsured must keep SECTION V - DEFiNmnN5 records of the information we need for 1• AdverbsemeriC means a notice that is broad- premium computation,and send us copies cast or published to the general public or at such times as we may request specific market segments about your goods, 7. Representationsproducts or gervicoa for the purpose of By accepting this policy, you agree attracting customers or supporters. 2 "Auto" means a land motor vehicle, trailer a The statements in the Declarations are or semitrailer designed for travel on public orruraf and rn,-,. ie+e. roadc including vn, ^tt'e ic'' "'-'--' LPI __-- b, Those statements are based upon rep- aqui menYipmentBut"auto"doesnotihciude"mobile resentations you made to us; and P 3 "13od1ly injury"means bodily Injury,sickness c. We have issued this policy in reliance Or disease sustained by a person. This in- upon your representations. cludes mental anguish, mental injury, shock, e- Separation Of insureds fright or death resulting from bodily injury, Except with respect to the Limits of insur- sickness or disease. �nra ter..-I i Fllt3 a;^-dcties-_pe. 4effi . "Coverage tarritnru" Mann$. caffy assigned in this Coverage Part to the first a. The United States of America fincluding Named Insured, this insurance applies: is territories and possessions), Puerto a As if each Named Insured were the only Rico and Canada; Named Insured; and b. International waters or airspace, pro- b. Separately to each insured against whom vided the injury or damage does not claim is made or "suit" is brought occur in the course of travel or trans- portation to aor fr 9. Transfer Of Rights Of Recovery Against r_IIirlPrl in a, hn om any place not in- „o• sr -Others To Vs ' If the insured has rights to recover all or c All parts of the world if: Part of any payment we have made under (1) The injury or damage arises out of this Coverage Part, those rights are trans- la) Goods or products made or sold ferred to us. The insured must do nothing by you in the territory described after loss to impair them At our request, in a. above; or the insured will bring"suit"or transfer those rights to us and help us enforce them [bl The activities of a person whoso home is In the territory deg-cribed This condition does not apply to Coverage in a above,but is away for a short C. Medical Expenses. time on your business, and 10 Unintentional Errors And Omissions (2) The insured's responsibility to pay A ..n....�......., r'amanor it,i„t..� n description of, or failure to completely the merits,In the territory described describe, any premises or operations in- in a above or in a settlement we agree tended to be covered by this Coverage Part to. kxhclu Liptn!tMd m tFriil of i,cvj S�v,=OIAny IT vih II"pr _jm 9S200 T Ed. 4-99 r�dn isxi`n` 1%e' �"'�oR�"a Issr ,• 'r'i'm' Page 13 of 17 —Received Time—Sep. 9. -2009 2: 38PM No, 4837 09109/2009 14:44 Humble&Davenport (FAX)425 255 9342 P.0171020 5. °Employee"includes a"leased worker"."Ern- to a third person or organization. Tort nFinivPp" Hoes not inplurie M i i i m aeans is i that would be worker . imposed by law in the absence of any 6. "Executive officer°means a person holding contract or agreement any of the officer positions created by your Paragraph f. does not include that part charter, constitution, bY-12WS OF any other of any contract or agreement similar governing document 11] That indemnifies a railroad for"bodily 7. "Hostile fire" means one which becomes injury" or"property damage' arising uncontrollable or breaks out from where it out of construction or demolition wag OntFinriond to he operations, wtt in est of any B. "Impaired property" means tangible prop- railroad property and affecting any erty, other than "your product" or "your railroad bridge or trestle, tracks, work",that cannot be used or is less useful road-beds, tunnel, underpass or hacaiSaT crossing; a. It incorporates "your product' or"your (2) That indemnifies an architect, engi- work" that is known or thought to be neer or surveyor for injury or dam- defective, deficient, inadequate or dan- age arising out of. Gerous, or (a) Preparing, approving, or failing b. You have failed to fulfill the terms of a to prepare or approve, maps, contract or agreement; shop drawings,op inions,reports, surveys, field orders, change if such property can be restored to use by orders or drat ' s _' s 3pe a The repair, replacement, adjustment or fications; or removal of "your product" or "your (b) Givin g directions or Instructions, work'; or or failing to give them, if that is b. Your fulfilling the terms of the contract the primary cause of the injury or agreement or damage; or S. "Insured contract" means (3) Under which the insured, if an ar- chitect, engineer or surveyor, as- a. A contract for a lease of Dcamises, sumaRlinhilifit fnr er dam— that portion of the contract age arising out of the insured's for a lease of premises that Indemnifies rendering or failure to render oro- any person or organization for damago fossional services, including those by fire to premises while rented to you listed in (2) above and supervisory, or temporarily occupied by you with inspection,architectural or engineer- permission of the owner is not an "in- ing activities sured contract", 10."Leased worker' means a person leased to b. A sidetrack agreement; you by a labor leasing firm under an agree- c. Any easement or license agreement, u an e labor leasing firm, except in connection with construction to perform duties related to the conduct of or demolition operations on or within Your business. Leased worker does not 50 feet of a railroad; include a temporary worker". d An obligation,as required by ordinance, t 1."Loading or unloading' means the handling to indemnifya municl afi of property p ty, except in connection with work for a municipal- a After it is moved from the place where Ity, it is accepted for movement Into or onto e. 'An elevator maintenance agreement: an a� craft, watercraft or "auto"; f_ Thatpartof any other contractor agree- b• While it is in or on an aircraft, water- ment pertaining to your business(includ- craft or "auto ; or ing an indemnification of a municipality G While it is heinn r„nvorf frog; on air_ m connection with work performed for craft, watercraft or"auto"to the place a municipality) under which you assume where it Is finally delivered; the tort liability of another party to pay but"loading or unloading" does not include for"bodily inlury" or"property damage" the movement of property by means of a Ildrdss�ln�ed rr r,o%1 ran arU k=C111m O"IM I IS win Ian porn Ja 9S2001 Ed 4-99 Cgnn� rs9s r`�'ti"ard r;�rID sa"'¢'o a nH es� ry Y�(anr.�m oditltrWl lut aril rUV14Oa Page 14 of ]7 —Received Time—Sep. 9, 2009 2, 38PM No, 4837 09109/2009 14:44 Humble&Davenport (FAX)425 255 9342 P.0181020 mechanical device, other than a hand truck, (31 Air compressors, pumps and en- tt,a+ I� �+ �++ tis+ + f�a�reraf vuater a ors,Inc u mg spraying,welding, craft or "auto". building cleaning, geophysical expro- 12"Mobile equipment' means any of the fol- ration, lighting and well servicing lowing types of land vehicles, including any equipment attached marhipppt or equipmentr e means an accl ent, includJng EL Bulldozers, farm machinery,forklifts and continuous or repeated exposure to sub-- other vehicles designed for use princi- stantially the same general harmful condr- pally off public roads; dons. a Ices maintained or use solely on a a ve s ng 1n ur means in- or next to premises you own or rent; jury, including consequential"bodily injury", arising out of one or more.of the following r- Vesicles that travel on crawler treads; offenses: res eten on or Imprisonment; maintained primarily to provide mobility b Malicious prosecution; to permanently mounted, (1) Power cranes,shovels,loaders,dig- c• The wrongful eviction from, wrongful gers or drills; or entry Into, or invasion of the right of private occupancy of a room, dwelling (2) Road construction or resurfacing or premises that a person occupies, equipment such as graders, scrap- committed by or on behalf of its owner, ers or roilers; landlord or lessor; a Vehicles not described In a, b., c. or d, d Oral or written publication of material above that are not self-propelled and that slanders or libels a person or or- are maintained primarily to provide mo- ganization or disparages a persons or bility to permanently attached equipment organizatlon's goods, products or ser- of the following types vices; (1) Air compressors, pumps and gen- e. Oral or written publication of material orators, including spraying, welding, that violates a person's right of privacy; building cleaning,geophysical expio- equipment; or style of doing business; or g. Infringing upon another's copyright;trade (2) Cherry pickers and similar devices used to raise or lower workers; dress or slogan in your"advertisement". f. Vehicles not described in a, b., c,or d. 15."Pollutants' mean any solid, Ilquld, gaseous above maintained primarily for purposes or thermal irritant or contaminant, including other than the transportation purposes pars smoke, vapor, soot, fumes, acids, alkalis, sons or cargo. chemicals and waste.Waste includes mate-- Le t ha rnf, loa drt;enad or re owever, self-propelled vehicles with claimed tho following types of permanently at- 16 "products-completed operations hazard": tachsd equipment are not"mobda equip- ment" but will be considered "autns": a Includes all "bodily injury" and"property (1) Equipment with a gross vehicle damage" occurring away from premises weight of 1000 Ibs or more and you own or rent and arising out of"your designed primarily for. product' or "your work" except (a) Snow removal; (1) Products that are still in your physi- cal possession; or (b) Road maintenance, but not con- (2) Work that has not yet been com- struction or resurfacing; or pleted or abandoned However,"your (c) Street cleaning; work' will be deemed completed at (2) Gherry pickers and similar devices a ear Lest o t e o lowing times: mounted on automobile or truck (a) When all of the work called for chassis and used to raise or lower in your contract has been corn- workers; and pleted l d 3 n vrpyng.nd mlmol of Ir,�,sm,i.�wr,i im o27 to w.,ri I �1'd lan Y Mrlb olddtanl iz..l"rd r 1%= 1997 9S2001 Ed 4-99 �*'^v" sss"'i"�r°�d' Page 15 of 17 Received Time—Sep. 9. 2009— 2:38PM No. 4837 09/0912009 14:44 Humble&Davenport (FAX)425 255 9342 P.0191020 (b) When all of the work to be done b_ Any other alternative dispute. resolution proceeding in which such damages are plated if your contract cads for claimed and to which the insured sub- work at more than one job site. mits with our consent (c) When that part of the work done 19,"Tamporary worker" means a person who uis e mo you to substitute for a per- intended use by any person or manent "employee" on leave or to meet organization other than another seasonal or short-term workload conditions contractor or subconrractor 2� ''Your produce means working on the same ro'ect Work that may need service, main- a Any goods or products, other than real tenance, correction, repair or re- property, manufactured, sold, handled, placement, but which is otherwise distributed or disposed of by. complete, will be treated as com- , pee (2) Others trading under your name; or b. Also includes"bodily injury"and"prop- erty damage"arising from the consurnp- (3) A person or organization whose tion of food or beverages sold, handled business or assets you have acquired: or distributed as "your product" at any and premises you own or rent b. Containers {other than vehicles), mate- ` e. Does not include"bodily injury"or"prop- rials, parts or equipment furnished in arty damage" arising out of connection with such Dods or uc s. (1) The transportation of property,un- less the injury or damage arises out "Your product includes of a condition in or on a vehicle a Warranties or representations made at created by the "loading or unload- any time with respect to the fitness, ing" of that vehicle; quality, durability, performance or use (2) The existence of tools, uninstalled of "your product"; and equipment or abandoned or unused b. The providing of or failure to provide materials; or (3) Products or operations for which the "Your product'does not include vending ma- classification, listed in this Cover- chines or other property rented to or to- age Part,states that products-com- cated for the use of others but not sold, pleted operations are subject to the General Aggregate Limit. 21_"Your work" means: 17."Property damage" means- a Work or operations performed by you -a Physical injury to tangible property, in- or on your behalf, and ir It - ��.I� - -}- en -umrs e property. Ali suchloss of use shall be in connection with such work or ep- deemed to occur at the time of the erations. physical injury that caused it or "Your work" includes' b. Loss of use of tangible property that is a Warranties or representations made at not physically injured. All such loss of any time with respect to the fitness, use shall be deemed to occur at the time quality, durability, performance or use of the "occurrence" that caused it of "your work";and 1 B."Suit' means a civil proceeding ill which b. The providing of or failure to provide damages because of"bodily injury", "prop- warnings or instructions. erty damage" or "personal and advertising injury' to which this insurance applies are SECTION VI - NUCLEAR ENERGY LIABILITY alleged. "Suit" includes EXCLUSION a An arbitration proceeding in which such the insurance does not apply: damages are claimed and to which the 1. Under any Liabifity Coverage, to"bodily in- insured mustsubmit or does submit with our consent, or jury" or "property damage" hrl ktaz GZWOTLud Immal a!Imna 6,r.9=clfm Irc sill,Im p" Lmm;m 9S2D01 Ed 4-99 ova is R ribirp.1Ca-"l�Cmpxq.or®i2 I i a y cacFu�ry,",IoadiUonl inn nMra"Icas Page 16 of 17 —Received Time—Sep, 9. -2049 2: 38PM No. 4837 09109/2009 14:45 Humble&Davenport (FAH)425 255 9342 P.0201020 a With respect to which an insured under As used in this exclusion: nuclear energy liability policy issued by "Hazardous properties' include radioactive, Nuclear Energy Liability insurance As- toxic or explosive properties; socfatlon, Mutual Atomic Energy Liabfl-- "Nuclear material" means"source material," ity Underwriters.Nuclear Insurance As- i o ana a or any of their material,"which have the meanings given them successors,or would be an Insured under in the Atomic Energy Act of 1954 or in any any such policy but for its termination lav✓ amendatory thereof; upon exhaustion of its limits of liability; or "-Pent fuer-mBan component, solid or liquid, which has been b. Resulting from the"hazardous proper- used or exposed to radiation in a nuclear ties" of"nuclear material" and with re- reactor"; spent to which I t)any person or orga- protection pursuant to the Atomic En- taining"by-product material" other than the ergy Act of 1954, or any law amenda- tailings or wastes produced by the extrac- tory thereof, or (2) the Insured is, or 'don or concentration of uranium or thorium had this policy not been issued would from any ore processed primarily for its be,entitled to indemnity from the United "source material" content, and (21 resulting States of America,or any agency thereof, from the operation by arty person or orga- under any agreement entered into by the nization of any"nuclear facility"included under United States of America,or any agency the first two paragraphs of the definition thereof. with anv n rc : ani- - tion. "Nuclear facility" means 2. Under any Medical Expenses coverage, to a. Any "nuclear reactor'; expenses incurred with respect to "bodily injury"resulting from the"hazardous prop- h Any equipment or device designed or erties` of "nuclear matarlal" and arising out used for 1 i i separating the isotopes of of the operation of a "nuclear facility" by uranium or plutonium,(2)processing or any person or organization. utilizing"spent fuel",or(31 handling,pro- 3 Under am/ Liablli C rlyar,n r., r.� ,I:., 1 _ cessulg or packaging "was#e"' jury" or "property damage" resulting from c. Any equipment or device used for the the"hazardous propertles"of"nuclear ma- processing, fabricating or alloying of terial", if special nuclear matena(" if at any time the total amount of such material in the a. The"nuclear material"(1)(c atany nuclear custody of the insured at the premises facility owned by,or operated by or an where such equipment or device is lo- behalf of, an Insured, or (2) has been cated consists of or contains more than discharged or dispersed therefrom; 25 grams of plutonium or uranium 233 b. The "nuclear materint" ie riff' J 'ri or anv rnml,inatinn fi r "spent fuel" or"waste"at anytime pos- 25D grams of uranium 235; M sassed,handled,used,processed,stored, d Any structure, basin, excavation, pre- transported or disposed of by or on mises or place prepared or used for the behalf of any insured; or storage or disposal of "waste'; c. The "bodily injury" or "property dam- and includes the site on which any of the age" arises out of the furnishing by an foregoing is located,all operations conducted Insured of services, materials, parts or on such site and all premises used for such equipment in connection with the plan- operations; ning,construction,malntenance,opera- tion or use of any "nuclear facility", but "Nuclear reactor" means any apparatus de- if such facility is located within the United signed or used to sustain nuclear fission in States of America, its territories or a self-supporting chain reactionortocon- possessions or Canada, this exr.Il nn tarn c it a ¢e r,f fi(a)applies applies only to"property damage"to "property damage"Includes all forms of ra- such "nuclear facility"and any property dioactive contamination of property, thereat, l i4Mcgllrl&vdmlmal"rIm i=,Sr-W.O[5m,lie,wlheUM,H=.m LI n a d 6licvacu savlwa Olim IK. IO97 9S2001 Ed. 4-99 �� HA9 N Carpaiv,au w a6111an1 tent marp.i•,ion Page 17 of 17 —Received Time—Sep, 9. 2009 2: 38°M—No. 4837 REQUEST FOR MAYOR'S SIGNATURE Please FIII in All Applicable Boxes KENO W ASNINGTON This form roust be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Mark Madfai Phone (Originator) 5521 Date Sent 4115/11 Date Required 4/22/11 Return Signed Document to. Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/11 VENDOR NAME: Rittenhouse Consulting DATE OF COUNCIL APPROVAL:-4/19`/11-11� Brief Explanation of Document. The attached agreement is for Rittenhouse Consulting to provide negotiation, acquisition, and relocation services for the Horseshoe Bend Levee project For a summary, see the attached prepared by Mark Madfai All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received: RECEIVED Approval of Law Dept., APR 17 Z011 Law Dept Comments: NS LAW DEPT, I4ECE N ED ? Date Forwarded to Mayor: f / �r f r J --, Shaded Areas to Be Completed by Administration Staff i y •?riT Received- Recommendations & Comments: l� r n Disposition. /9 '1 . «i�ic rt /� t:/— �7'ttcU t I', T Date Returned: rtcNf CITY CLERr< Iage5870_templatebase 2/07