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HomeMy WebLinkAboutPW11-164 - Amendment - #1 - Rittenhouse Consulting - Horseshoe Bend Levee - 10/26/2011 Records Manna"Oggerner KENT ''i W.SHINGTON _ DOCUI I ImVP�` 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: JD Edwards Number Contract Number: eQ 1 1 - j G Y This is assigned by City Clerk's Office 4 Project Name: Horseshoe Bend Levee 4 Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: Date of the Mayor's Signature Termination Date: 12/31/12 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.): Extend the-time of completion to December 31, 2012. S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 3 1 r KENT WA5HINGTON AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Rittenhouse Consulting CONTRACT NAME & PROJECT NUMBER: Horseshoe Bend Levee ORIGINAL AGREEMENT DATE: April 19. 2011 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: No change is necessary to the scope of work, however an h amendment is needed to extend the time of completion to December 31, 2012 so the Consultant can continue to provide relocation services for the project. 2. The contract amount and time for performance provisions of Section II "Time of d Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $64,762.50 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $649762.50 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $649762.50 41 r AMENDMENT - 1 OF 2 s Original Time for Completion 12/31/11 (insert date) Revised Time for Completion under 0 prior Amendments (insert date) Add'I Days Required (t) for this 366 calendar days Amendment Revised Time for Completion 12/31/12 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. ; All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. i IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CyNae: B z B (signa ) (signature) Print Name:�nr :�4t'�tic�5� Pette CookeIts 1r)w!yQ Ior (title) (title) DATE: 1 3— \ DATE: a APPROVED AS TO FORM: d (applicable if Mayor's signature requfr ) WVv Kent Law Department 3 Rittenhouse Consulting-Horseshoe Bend 4 Annd 1/Madfa, AMENDMENT - 2 OF 2 ; A 07/11/2011 16:17 4259171315 HUMBLE & DAVENPORT PAGE 01/01 ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 07/11/2011 HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(Si,AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject th the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder in lieu of such endorsement(s). PRODUCER NAMEAGT Humble & Davenport Insurance Brokers, Inc. Fro HONE 425.226.8221 AICNo_425.255.9342 3500 Maple Valley Highway TAD ADDRESS Renton, WA 98058 DucEa _AQSt0MFR INSU` RrNS)AFFORDING COVERAGE NAIL# INSURED INSURER A: Maryland Casualty Insurance Co.— Rittenhouse Consulting INSURERS: Darwin Select Insurance Co. 6229 121st Avenue SE INSURER C: Bellevue, WA 98006-4422 INSURER D: , INSURER E' _ INSURER F I , COVERAGES CERTIFICATE NUMBER:GL/AU/SG REVISION NUMBER: THIS IS TO CERTIFY THAT 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 CONTRACTOR 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- LTR u TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDNYY MMIDD/*YYY LIMITS GENERAL LIABILITY PAS000140675 0911612011 0911612012 EACH OCCURRENCE S 11 000,000 X COMMERCIAL GENERAYL�LfAB ITY jyJISES�Eaecc_rranr�_y S 1DAMAGE TO RENTED ,p00,00 Ia 0 CL4IMS-MADE OCCUR _MED EXP(Any one perm) S 10,000 A _ PERSONAL 3ADV INJURY S GENERAL AGGREGATE S 2j000,000 GENL AGGREGATE LIMIT APPLIES PER, PRODUCTS-COMPIOPAGG S 2,000,00 X POLICY PRO- LOC S JECT AUTOMOBILE LIABILITY PAS000140675 09/1012011 09/16/2012 COMBINED SINGLE LIMIT ANY AUTO (Ei ncdclon0 $ 1,000,000 BODILY INJURY(Per pe-;en) S -. ALL OWNED AUTOS A SCHEDULED AUTOS BODILY INJURY(Per Meldenl) S X HIRED AUTOS PROPERTY DAMAGE. � (Per aeeidwni) X NON-OWNED AUTOS S UMBRELI.AL" OCCUR EACH OCCURRENCC $ EXCESS LIAR 17 -MADE .. AGGREGATE+ S DEDUCTIBLE _ S RETENTION S S PAS000140675 09/1612011 09/16/2012 wCST TU- X orH. AND EM S'LIABILITY YIN RY_LIMIT R_ A O FIGC�rEXCLUD� CUTNEr NIA WA STOP GA ELEACIi ACCIDENT 5 1,000,OQQ (MandaHI �`-J E L DISEASE-EA EMPLOYE $ 1,000,00Q Ify 0a,d,sarlbe under - DESCRIPTION OP OPERATIONS below EL DISEASE. OUCY LIMIT S Y 000 000 B ro essiona Liability 0305398 03M2l2011 03/12/2D12 SIN Occurrence $1M Aggregate ESCRIPT OF OPERATIONS I LOCA ONq/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If mom apace le roqulr� f9C3 t of way consulting :rtiicate holder included as an additional insured with respects to the work performed by the tmed insured for the certificate holder. Overage is Primary/Non-Contributory. ERTIFICATE HOLDER CANCELLATION AX: 2S3.856.6500 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATC THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent / Attn: Engineering Dept. Attn: Nancy Yoshitake AUTHORLMDREPRESENTATIVE M� 220 "4th" Avenue S Kent, WA 98032 Robert Daven ort BOB A 1 118-2009 ACORD CORPORATION. All rights reserved. ,ORD 25(2009109) Tho acnan ram&.tea logo are registered marks of ACORD Received Time Jul, 11. 2011 4; 14PM No, 7828 0910912009 14:39 Humble&Davenport (FAX)425 255 9342 P.0031020 COMMERCIAL GENERAL LIABELITY CG 2010 07 04 ME CAREFULLY. i ADDITIONAL INSURED - OWNERS LESSEES OR RS - CHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE i Name Of Additional Insured Person(s) Or Or anization s • Locations Of Covered Operations As required by written agreement or contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Section 11 -- 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- i organization(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 after caused, in whole or in part, by: 1. All work, including materials, parts or equip- ment furnished in connection with such vrork 2. e acts or omissions o os-e acting on your on the project(other than service, maintenance behalf, or repairs) to be performed by or on behalf of dditiona in the performance of your ongoing operations for the al insured (s) at the location of the the additional 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 !is in- tended use by any person or organization other than another contractor or subcontractor en- 1 gaged in performing operations for a principal as a part of the same protect CY%20 10 n7 04 O ISO Propertieo, Inc, 2004 Pagel of 1 Received Time—Sep, 9. -2009 2;38PM-No. 4837 0910912009 14:39 Humble&Davenport (FAX)425 255 9342 P.0041020 POLICY #PAS000140675 For Primary coverage see page 12 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FOAM Various provisions in this policy restrict coverage- Read the entire policy carefully to determine 11 Throughout this policy the words "you' and "your" refer to the Named Insured shown In the Declarations,and any other parson 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. CLUICK R CE SECTION OF THIS FORM BEGINS ON PAGE Section I- Coverages ,„.„:-.1 Coverage A. Bodily Injury and Property Damage Liability _1 Coverage B. Personal and Advertising Injury Liability Coverage C. Medical Expenses 7 Supplementary Payments - Coverages A and Section 11 - Who Is An Insured..„.. _.._ _B Section III - Limits of Insurance 10 Section IV - Commercial General Liability Conditions..__ I i Section V - _ 13 Section VI - Broad Fnrm Nurlanr Fur-lwlon In 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 "Suit' that may result But 1. insuring Agreement [il The amount we will pay for dam- ages is limited as described in SEC- a- We will pay those sums that the insured TION III-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- "property damage" to which this insur- cable limit of Insurance in the pay- ance applies.We will have the right and ment of judgments or settlements duty to defend the Insured against any -l-r Pevemge A or r, or rnedical-- ­suir,seekng r ose amages. owever, 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 provldod for under hAd,gryn}wd mrsr�wH1ai of in SWAM OIf6 ire,rAh inn iam.6m Qmydo.I I�5W=Oam Lr 199T OS2001 Ed 4-99 �n o1. Ia9 M r�PRv.ne IGmWl[1 r1 nrd-11410 Page 1 of 17 Received Time—Sep, 9, -2009 2: 38PM No, 4837 09109/2009 14:40 Humble&Davenport (FAX)425 255 9342 P.0051020 J SUPPLEMENTARY PAYMENTS - COV- (b) Such attorney fees and litigation 'fS - expenses are or defense of that b- This insurance applies to "bodily injury' party against a civil or altema- tive dispute resolution proceed- and "property damage" only If: ing in which damages to which ill Thp"hnrilly inf,ipll'or"propart/dam- this ins na n.ra applies are alleged age" is caused by an "occurrence" c. Liquor Liability that takes place in the "coverage territory"; and "Bodily injury"or"property damage"for " which an Insured may be held liable b age" occurs during the policy pa- reaso .n c riod. (1) Causing or contributing to the in- G Damages because of"bodily injury"in- toxication of any person; or organization for care, loss of ser- ages to a person under tha legal vices or death resulting at any time from drinking age or under the Influence the"bodily Injury". of alcohol; or 1 2. Exr-luslons (2) Any statute, ordinance or regulation This insurance does not apply to: relating to the sale, gift, distibution or use of alcoholic beverages. a. Expected Or Intended Injury This exclusion applies only if you are in j "aadily injury, OF 1.PFOP-Fty damage the expected or Intended from the stand- utmg, 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 reasonable force to protect Lawa persons or property b. Contractual Liability Any obligation of the Insured under a workers' compensation, disability ben- 'Bodily injury"or"property damage"for efits orunemploymentcompensation 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: 11) An "ernErluyee' of the i-isurod arls- (1) That the insured would have in the ing out of and in the course of: absence of the contract or agree- meet; or (a) Emp[oyrnenL by the insured; or (2) Assumed in a ea,,;mct or Weament N Performina duties related to the that is an "insured contracf, pro- conduct of the insured's busi- vided the "bodily injury" or "prop-- ness, or arty 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 (1 ) above. of liability assumed in an "insured This exclusion a lies contract", reasonable attorney fees Pp and necessary ritigation expenses Ill Whether the insured may be liable e 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 with or repay someone else who hditvtn ia such-arty Se at tne the 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 cUntl Fick". Irdrdan¢SryrrdrtHl/1lfltrlal trnrwenm S®vim Brim Irc,wlli 114 p l=nsim rgryrlrd�r.1�mco 6evlmn Oruro Irc, 1W 9S2oa i Ed. 4-99 Upfnov, 199a. IM 12, 1pj Ca;Tym(,on raadiPavl 1c and rwlmnt Page 2 of 17 —Received Time—Sep. 9. 2009— 2:38PM No. 4837 a 09/0912009 14:40 Humble &Davenport (FAX)425 255 9342 P.0061020 f. Pollution on any insured's behalf are per- l1) "Bodily injury"or"property damage" forming o brought if he to the arising out of the actual, alleged or lutantthreatened discharge, dispersal, premises,seta or location in con- nection ith ns b w such o statio seepage, migration, release or es- P y IC cape of u an contractor. However, this sub- la) 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 rented or loaned dama94' arising a-escape of fuels, lubricants or not ever,apply this subparagraph does other operating fluids which not apply to: are needed to perform the (i) "Bodily injury" if sustained normal electrical,hydraulic or within a building and caused meC anical funCtlons 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 or other operating fluids as- (tq "Bodily injury" or "property cape from a vehicle part damage" for which you may designed to hold, store or be held liable, If you are a receive them.This exception contractor and the owner or does not apply if the"bodily lessee of such' migno city Injury-or props damage" or location has been added arises out of the Intentional to your policy as an additional discharge, dispersal or re- insured with respect to your lease of the fuels, lubricants ongoing operations per- or other operating fluids, or formed 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 ane never wg,% owned o " e occupied by, or rented or ina eya Is— charged, dispersed or re- loaned to,any insured,other leased as part of the opera- than that additional insured; tions being performed by or, such Insured, contractor or (iii) "Bodily injury" or "property subcontractor; damage" arising out of heat, III) "Bodily injury" or "properly 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, dL5pvsdl, processing or heiny performed by you or treatment of waste; on your behalf by a contrac- {cl Which are or were at any time tor or subcontractor; or transported, handled, stored, (iii} "Bodily injury" or "property treated, disposed r,r, or pro- damaq ' arrsing out of heat, cessed as waste by or for any smoke or fumes from a insured or any person or orge- "hostile fire", or nization for whom you may be (e) At or from any pramises, site or legally responsible; on vvhich 'or (d) Ar or from any premises, site or any contractors or subcontrac- location an which any insured or tors working directly or indirectly any contractors or subcontrac- an any insured's behalf are per- tors working directly or indirectly forming operations if the opera- Irdu a} dyftud h"lbiul of Inar Snvi=onku im.v,i,h Im pml�m ILIA rain IMv=savlms ar„m.I,c issl 952001 Ed. 44-a9 Chpy4 ry ,a Cnaa ry cm nny,nn o iddUavl Ioat ob evlam Page 3 of 17 —Received Time—Sep, 9. 2009 2: 38PVNo. 4837 09109/2009 14:40 Humble&Davenport (FAX)425 255 9342 P.0071020 lions are to test for, monitor, (4) Liability assumed under an "insured contract for the ownership, main— detoxify or neutralize, or in any tenance or use of aircraft or wa— way respond to, or assess the tercraft, effe= of, "pollutants (5) "Bodily injury'or"property damage" i2i M�ny loss,cost(it expense arfslffg-our— arising ou the operation of any of any. of the equipment listed in Paragraph I (a) Request,demand,order or state— f.(2)or 1_(3)of the definition of"mo— tory or regulatory requirement bile equipment', or that any insured r others An,aircraft you do not own that you for, monitor, clean up, remove, charter with crew. contain, treat, detoxify or neu— tralize,or in any way respond to, or assess " lutants", or arising out of- (b) 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— dama es because of testis for, 9 9 a#ad by or ranted or loaned to any 3 monitoring, cleaning up, remov- insured; or ing, containing,treating,datoxi- e fying or neutralizing, or in any (2) The use of "mobile equipment' in, way responding to, or assess-- or while in practice for,or while beinging ; tile _ _rr. ...J F.. u�s of ing, speed, demolition, or stunting However, this paragraph does not activity. apply to liability for damages because L War of "property damage" that the in— sured 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, rebel— half of a governmental authority Jon er rsval •lien:This exclusfai I applies g Aircraft, Auto Or Watercraft only to liability assumed under a con— tract or agreement "Bodily injury" or "property damage" arising out of the ownership, mainte— 1• Damage To Property nance, use or ontr ustment to othors of "Property damage" to; any aircraft,"auto" or watercraft owned or operated by or rented or loaned to (1) Property you own, ront, or occupy; any insured.Use includes operation and (21 Premises you sell,give away or aban— "loadinq or unloading" a.�_„___ _ _ Con, il ses This exclusion does not apply to: out of any part of those premise& (1) A watercraft while ashore on pre— (3) Property loaned to you; mises you own or rent; (4) Personal property in the care, cus— (2) A watercraft you do not own that tody or control of the insured; Is: (5) That particular part of real property (a) Lass than 51 feet long; on which or an and y y contractors or subcontractors working directly nr (b) Not being usedto 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 cpera— next to, premises you own or rent, tons; or —pTovided the"auto-is not owned y 16) 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 , Ird,.e,"Orq�d¢Md rralalN et Ila„"rnr soma,O Dam IrtIm.Jrc,vlul IL4 pmimrn ', '}M1 ,srymr SrrvlaDam • i997 952001 Ed. 4-29 �FYddi 1999 MryadC,a IIV Calm"j,auiaaciUc I ImlNdrwlam Page 4 of 17 —Received Time—Sep, 9, -2009— 2: 38PM No. 4837 0910912009 14:41 Humble&Davenport (FAX)425 255 9342 P.0081020 Paragraphs(t),(3)and (4)of this exclu- the loss of use, withdrawal, recall In- sfun do not to"property amage spection,repair,replacement adjustment; to premises, including the contents of removal or disposal of: suc)z premises,rented to you for a pe- riod of 7 or fewer consecutive days.A (1) "Your product', separate limit of insurance applies to (2) "Your Tenants Legal Liability as described in SECTION III - 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 "your wnrk" withdor rawn use by recalled from theor market ani- and were never occupied,rented or held zation because f a known or suspected for rental by you, defect, deficiency, Inadequacy or clan- Paragraphs (3). W), W and (6) of this gerous condition in It exclusion do not applyto liability as- sumed under a sidetrack agreement. a. Professional Paragraph(6)or this exclusion does not (1)•"Bodily injury"or"property damage" apply to "property damage" included in arising out of the rendering or fail- the °products-completed operations ure to render any prof esslonal ser- hazard" vice, including but not limited to: k. Damage To Your Product (a) Accounting,advertising,architeu- tural,drafting,engineering,finan- "Property damage" to "your product' cial, insurance or lecial services arising out of it or any pa o I advice and instruction; I. Damage To Your Work (b) Medical, cosmetic, dental, ear "Property damage"to"your work"ar(s- piercing,hair dressing,massage, ho 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- arat[ons hazard". vices, advice and instruction; This exclusion does not apply if the (c) Use of any tanning booth,tan- damaged wnrk or the 144orle out of­h h ning bed tanning equipment or the damage arises was performed on tanning device; your behalf by a subcontractor. (d) Laboratory operations or Ber- m. OamageTo Impaired Property OrProp- vices, whether medical or not; erty Not physically Injured and "Property damage" to "impaired prop- (e) Services performed as a funeral arty"or property thathas not been physi- director or as an operator of a sally injured, arising out or_ cemetery; and a 'vt r tTrwda- , e Ina aquacy or Instruction for the purpose of dangerous condition In"your prod-ucY' or'your work"; or appearance or skin enhancement, hair removal or replacement or [2) A delay or failure by you or anyone personal grooming. acting on your behalf to perform a contract or agreement in accordance (z) This exclusion does not apply to: with its terms. [a) Pharmacological services if: This exclusion does not apply to the loss (i) You do business as a retail of use of other property arising out of drug store and do not manu- sudden and accidental physical Injury Lo facture or compound in bulk "your product" or "your work" after it pharmaceuticals for Sala by has been put to its intended use. others; and Recall: . -ro uc s, vvorrc (11) The"bodily injury"or'prop- Property arty damage" is not caused Damages claimed for any loss, cost or by the willful violation of apenal statute or ordinance expense incurred by you or, others for fix4 e."==ppJTUW asasfal of In — ' Se"Iw 011im hG,,"Ih Im pnrisam CWy" °I S&A=Oro l by I997 9S2001 Ed, 4-99 c�a� taee,rmr -aa"smm c,udg ccosnry,an W"aa"" I,ed a"d min� Page 5 of 17 —Received Time—Sep. 9. -2009 2: 38PN-No. 4837 0910912009 14:41 Humble&Davenport (FAX)425 255 9342 P.0091020 relating to the sale of phar- the offense was committed in the"cov- QV terr ory" during the policy pe- knowledge or consent of any rind. Insured; 2. Exclusions (b) Optical or hearing aid services, This insuRnne does net apply to: ration,production,mounting,fit- a "Personal and advertising injury"; tang, demonstration or distrribu- q tion of ophthalmic lenses and (1) Caused by or at the direction of the similar products or hearing aid insured with the knowledge that fhe services. act would violate the rights of an- other and would inflict"personal and p_ Personal And Advertising injury advertising injury"; j "Bodily injury" arising out of "personal (2) Arisin out of oral or writtenpub- , icatfon of material, if done by or at Exclusions e.through o.do not apply to"prop- the direction of the insured with erty damage" to premises while rented to you knowledge of its falsity; or temporarily occupied by you with per mis- (3) Arising out of oral or written pun- _ sion ofths owner.A separdte limit of Insurance licatlan of material whose f irst pub- applies to Tenants Legal Liability, as described lication took place before the be- an SECTION Ill - LIMITS OF INSURANCE, ginning of the policy period; COVERAGE B. PERSONAL AND ADVERTISING (4) Arising out of the willful violation of M'rifR;'-LM LITY a penal statute or ordinance com- 1. insuring Agreement miffed by or with the consent of any insured; " a_ We will pay those sums thatthe insured (5) For which the insured has assumed damages legally obligated al pay as liability in a contract or agreement vertdamages because of"personal and ad-nce This exclusion does not a to li- applies injury" to which this insurance abilityfor damages that the insured applies We will have the right and duty woul have in the absence of the sesking Moss to defend the insured against any suit' E -- ^M- ` Will have no duty to defend the insured (61 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'!; 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- (1) The amount we will pay for dam- manau + + Bar adearcis �Y�— ages is limited as described in SEC- TION III-LIMITS OF WSURANCE;and (6) Arising out of the wrong descrip- tion of the price of goods, prod- (2) Our right and duty to defend end 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 cr settlements I9) 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 - DE-�INITIONS; or SUPPLEMENTARY PAYMENTS - COV- threatened discharge, dispersal, b. This insurance applies to "personal and seepage, migration, release or es- advertising injury" caused by an offense cape of"pollutants" at any tlina arising out of your business but only If Irc1�iu�{ryrida"d erfvtd or M S 1=D o I=6-e,vm Ila wmam [hL h a=ky s=RMI o6�hc,is97 952001 Ed 4-99 �+�� i933�fora��iry�"! Al+""tbo"�L Pb Page 6 of 17 Received Time—Sep. 9. -2009— 2: 38PM—No, 4837 09109/2009 14:41 Humble&Davenport (FA)g425 255 9342 P.0101020 b. Any loss, cost or expense arising out a To any insured of any: 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, respond to, or assess the effects mises you own or rent that the person of, "pollutants`; or normally occuples. 12) Claim or suit by or on behalf of a d To a person, whether or not an "am- Gov 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, sation or dlsabirRybenefits.law or a similar or in any way responding to or as- law. sessing the effects of, "pollutants". e. To a person Injured while taking part in COVERAGE C. MEDICAL PAYMENTS athletics. i. Insuring Agreement f. Included within the"products-completed oparationc hazard", a We will pay medico{ expenses de- g, Excluded under Coverage A scribed below for 'bodily Injury"caused used by an accident h. Due to war,whether or not declared,or 1) On promises or rentan actor condition incide tt war.Wa inc udes civil war, insurrection, rebel- (2) On ways next to premises you own lion or revolutiom or rent; or SUFPLENIENTARY PAYMENTS - COVERAGES (3) Because of your operations; A AND B provided that 1_ We will pay, with respect to any claim we (1) The accident takes place In the"cov- investigate or settle, or any"suit"against an arage territory"and during the policy Insured we defend perj - All,,I exp8nS09 - 12) The expenses are incurred and re- b. The cost of ball 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 131 The injured person submits to ex- which the Dodily Injury Liability Cover- amination, at our expense, by phy- aga applies_ We do not have to furnish sicians of our choice as often as we these bonds_ reasonably require. c. Tha cost of bonds to release attach- b: We will a these payments regard- less of fault These payments will not the applicable limit of insurance.We do exceed the applicable limit of Insurance not have ato furnish these bonds. We will pay reasonable expenses for. d All reasonable expenses incurred by the 11) First aid administered at the time of insured at our requuaL to assist us In the an accident; investigation or defense of the claim or "suit", including actual loss of earnings (2) Necessary medical, surgical, x-ray up to 5250 a day because of time off and dental services,Including pros- from work. thetic devices, and ®, All costs taxed against the Insured in the 13) Necessary ambulance,hospital,pro- "suit". vicnal nursing and funeral ser- vie& f. Prejudgment Interest awarded against the tas 2 Exclusions pay. If we make an o ffer to pay the ap- We will not pay expenses for "bodily in- phcable limit of insurance, we will not jury pay any prejudgment interest based on that period of time after the offer. Ilsha�Kcpyn&m bHWioi or L=rw.sKvi=olim im,Kd9+iu pahi©m CC 4cm..rm Savi=Oirm I= 1997 9S200 1 Ed 4-99 Cgryno* 19a9,m ud Co�lry rmryrry,to ina&kirml ICKI"rwjWo Page 7 of 17 —Received Time—Sep. 9. -2009— 2: 38PM—No, 4837 09109/2009 14:42 Humble&Davenport (FAX)425 255 9342 P.0111020 g. All interest on tine full amount of any (21 Provides us with written auftrize- judgmentthatacci a ion to- judgment and before we have paid, of- fared to pay, or deposited in court the (a) Obtain rscords and other in for- Part of the judgment that is within the oration related to the"suit", and applicable limit of insurance U Conduct apd eon"! ' e These payments will not reduce the. fimits 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- an indelannitae of t1fi@ insul eU I5 =IOU Ila,lied fence as a " tion expenses incurred b us and necessary party to the salt', we will defend that p Y indemnitee if all of the following conditions litigation expenses incurred by the indem- are met nitee at cur request will be paid as supple- mentary Payments Notwithstandin the ro- 'suit' • I visions o aragrap 2.b. of SECTION I - damages for which the Insured has as- COVERAGE A-BODILYINJURYAND PROP- sumed the liability of the fndernnitee in a ERTYDAMAGE LIABILITY, such payments will contract or agreement that is an"Insured not be deemed to be damages for "bodlly 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 insureds in- 9 c. The obligation to defend, or_ the cost of demnitee and to pay for attorneys'fees and d i0t6e,lids also UPP been assumed by the insured in the same tary 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 al,out the "occur- or settlemants; 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; SECTION suRED e. The indemnitee and the insured ask us to conduct and control the defense of 1• If you are designated in the Declarations as: that indemnitee against such "sulV and a. An individual, you and your spouse are agree that we can assign the same noun— inrurectc, but only with respect to the sel to defend the insured and the in- conduct of a business of which you are demnitee, and the sole owner. f. The indamnitee: b. A partnership or joint venture, you are T nan inruredi v �. your ps, Hers,and thei r spouses L___ era also insureds,_ (a) Cooperate with us in the invas- but only with respect to the conduct of tigation, settlement or defense your business. of the "suit`; C 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 fegai papers received your business. Your managers are in- in connection with the "suit', sureds, but only with respect to their ic) Notify any other insurer whose duties as your managers. i 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 acu Ive o titers" and directors are in- insurance available to the indem- sureds, but only with respect to their nitee; and duties as your officers or diractors.Your stockholders are also insureds,but only with resper_t to their liability ac stock- Ird, =PVdddad rtaudal of L—i 5u to Olfi=Ire,vrih Iv pa:rrlalel '� Cgryn .Iw SMIMI.OKM Ire M97 " 9S2001 Ed 4-99 emnlda less.raerudCawlryCb,rry a,t,,dadanl,",ond.a,L�oM Page 8 of 17 —Received Time—Sep. 9• 2009 2: 38PrNo. 4837 r' 0910912009 14:42 Humble&Davenport (FAX)425 255 9342 P.0121020 holders. Your subsidiaries, and subsid- any of your "employees any inrips Of subsidiane% are el sul eds if partner or member(ff you are a (1) They are legally incorporated enti- partnership or joint venture), or ties; and any member (if you area limited (2) You own more than 5071 of the voting liability company)_ stook in them as of the effective b. Any person o er an your"employed'), date of this policy, or any organization while acting as your real estate manager Declarations, You must report If such subsidiaries are rpor wn in the c. Any person or organization having o emporary custody o your property if us wit n 180 days of the inception of this policy. you die, but only: 2 Each of the following is also an insured: (1) With respect to liability arising out of the maintenance or use of that ei er you prope ; and "executive officers" [if you are an or- ganization (2) Until your legal representative has other than a partnership,joint been appointed. venture or limited liability company) or your managers lif you are a limited )i- d_ Your legal representative if you die,but ability company),but only 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 of your business.However,none f t ° I,. �u . _ _ Any person ,..r__ _ __ J 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 parrs or operations, "your work" or facilities ship or joint venture), to your owned or used 6y you members(if you are a limited li- This provision does not apply. ability company),or to a co-"em- r sor of teased e4 i^ment, grantor is either in the course of his or her employment or performing a franchise, engineer, architect or duties related to the conduct of surveyor; or your business; (2) Unlo=the contract has been signed (h) To the spouse, child, parent, prior to the date of "bodily injury", brother or sister of that co-"em- "property damage", or "personal or pioyee" as a consequence of advertising injury". Paragraph (1)(a) above; f Anypers-rine-,eFgan4ation to (c) For which there is any obligation are obligated by virtue of a written"in- to share damages with or repay sured 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 U)(a)or the ownership, maintenance, or use of (b) above; or that part of any premises leased to you This does not apply to: (d) Arising out his or her pro- 11) An "occurrence" that takesplace viding or failinin g to provide pro- afte r ou cease to be a tena on fessional health care services. y those premises. (2) "Property damage"to property. 121 Structural alterations,new construc- (a) Owned, occupied or used by, tion or demolition operations per- Rented to, in the care, custody rormeci oy or an behalf of such in- or control of, or over which sured physical control is being exer- g. Any state or political subdivision,but only cased for any purpose by you, as respects legal liability incurred by the Irddn�n¢4"rl"vlalai"r lim m,sovi=orkm im.winmp _,irn 9S2001 Ed 4-99 r�rlgn IsM.NurvON arm'®'as m irz rw i ty pny,a^.to adSLuaf 1oq nrd tuwaoe Page 9 of 17 —Received Time—Sep, 9. -2009 2:38PN1 No, 4837 09/09/2009 14:42 Humble&Davenport (FAX)425 255 9342 P.0131020 state or polRical subdivision solely be- offense committed before you acquired C21trPit has d III cUJIJJUL__ or TorMod ins organization. Lion with premises you own, rent, or No parson or organization is an insured with control far one of the hazards fisted below. respect to the conduct of any current or past partnership,joint ventf ire or limited liability com- o n as a ame nsure in construction,erection,or removal of the Declarations. ; advertising signs, awnings,canopies, SECTION ill - LIMITS OF INSURANCE cellar entrances, coal holes, drive- ways,manholes,marquess,hoists way openings, sl ewalk 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; 12) The const or,erection or removal alms ma a or su ts" brow ht; or o elevators, or 9 (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 Aggregato Limit is the most we 3. Mth 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 raw, any person is an insured damages because of "bodily injury" or while driving such equipment along a public damage"i 01. J_ 1 1 �L_ NWWay with your permissiorL Any other per- ucts-completadoperationshazard";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- the operation of the equipment, 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- raises involving the same or connecting lots, ability.However,no person or organization or premises whose connection is interrupted is an insured with respect to: il,hl e* -a- ,...... , awm_____ _ _ 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 gregato Limit is the most we will pay under i hy,rentedto,in the charge of or oacu- Coverage A for damages because of"bodily pled 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 and". 4 vn nanivati vnun ." . n .-s. 4 SUhiarttO 2 abaft thePiar Ad- 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 interes4 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 available to that organization. However organlzatfon. a Coverage under this 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 is 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 A and earlier; b. Coverage A does not apply to "bodily b Medical expenses under Coverage C injury" or "property damage" that cc- because of all "bodily Injury"and "property Curre�r Fur you acquired or formed arnage arts ng out o any one accurrenco". the organization; and 8_ Subject to 5. above, the Tenants Legal Li- c. Coverage B does not apply to"personal ability Limit is the most we will pay under and advertisincg injury"arising out of an Coverage A for damages because of"prop- I "ik -¢PpnYUC'0Mni31 of 10s111W BMI=OIRra Ile uilh Ile Wnli m 9S20D1 Ed, 4^9!3 do fasn�"Llc�ms"-nmaft�iM. 19V ry cy C31Q"ry,as lu addllwl wt xrd midan Page 10 of 17 —Received Time—Sep, 9, 2009 2: 38PN1 No. 483J 0910912009 14:43 Humble &Davenport (FA1)425 255 9342 P.0141020 arty damage" to any one premises, while legal papers received in connection wi e c gem or"suit; to you with permission of the owner, arising out of any one "occurrence'. s u Authorize(2) Authori to obtain records and information,, us ; 7. Subject to 5, above, the Medical Expense other tion I mr is the most we will pay uncei-iacyar— 0 CcopaFate with us in the �rivestlgd age C for all medical expenses because of tion or settlement of the claim or "bodily injury"sustained by any one person. defense against the"suit"; and The Limits of Insurance of this Coverage Part (4) 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 he Declarations, unless injury or damage to which this in- the policy period is extended after issuance for surance may also apply. an additional period of less than 12 months. In d. No insured will,except at that Insureds that case, the additional period will Ina deemed own cost, voluntarily make a payment, part of the last preceding period for purposes assume any obligation, or incur any ex- of determining the Limits of Insurance. pense, other than for first aid, without SECTION IV - COMMERCIAL GENERAL LIABILnY our consent CONDITIONS e_ Knowledge of 'occurrence, claim or 1. Bankruptcy "suit"by an agent servant or"employee" of an insured (other than an officer or .._` _ -r partnerTiffies not imply knowledge by of the Irsured's estate will not relieve us of the insured unless the insured has re- our obligations under this Coverage Part ceived notice from the agent, servant 2. Duties in The Event Of Occiwrence,Offense, or "employee'. Clsim Or Suit f. Failure by an agent servant or"employee' a You must see 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- �r" SlderPrl nn FmJ ,rg r„ , -_ should'include: I graphs a and b. above. 11) How, when and where tho"occur- 3. Legal Action Against Us rence" or "offense" took place; No person or organization has a right under (2) The names and addresses of any in- this Coverage Part jured persons and witnesses, and a To join us as a party or otherwise bring (3) The nature and location of any in- us into a"suit"asking for damages from jury or damage arising out of the an insured, or "occurrence" or offense. b, To sue us on this Coverage Part unless b. If a claim is made or "sole' is brought all of its terms have been fully complied against any insured, you must with. 11) Immediately record the 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 that are not payable under the terms You must see to itthat we receive written of this Coverage Part or that are in excess notice must the claim or "suit' as soon en of the applicable limit of insurance.An agreed notice of settlement means a settlement and release of liability signed by us, the insured and the C. You and any other invglved 'nGljr2d rMIRF rlaimantthe clalmarXe lagal r Pta 11) Immediately send us copies of any tive. demands, notices, summonses or 4. Motor Vehicle Laws imp mpy,ribled a =01 ar irb,.a SwyJam alFm.ia.Wd,it.imrmdm Vddr.ism sm,im:ore,i=, rsa7 9S200 7 Ed. 4-99 aPrriOL r%aa r7U YL'dQ=ILV�n�w."i"ad:cuwi,ad W Wleo, Page 11 of 17 —Received Time—Sep. 9. -2009— 2: 38PN1—No, 4837 09109/2009 14:43 Humble&Davenport (FAX)425 255 9342 P.0151020 With respect to"mobile equipment"to which SECTION i - COVERAGE A - PERTY a When this Coverage Part is certified as DAMAGE LIABILITY. proof of financial responsibility under (2) Any other primary insurance avail the provisions of any motor vehicle fE- able to you covering liability for nanrlal raspsnsihilitrlaw, the ansumnes damages arising oura 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 lay attachment of an endorsement of the law to the extant of the cover- 1 a imi s o Insurance required y s 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 fluty to k motorists, underinsured motorists,no- defend the insured against thn nlaim or fault or o er coverages required by any "suit". If no other insurer defends, we motor vehicle insurance law. We will will undertake to do so, but we will be provide the required limits for those entitled to the insured's rights againstall coverages_ those other insurers. F 5. Other Insurance When this insurance Is excess over other er valid and collechbl II r r ce' avail- Insurance,we will pay only our sharp of able to the insured for a loss+nve cover u er the amount of he loss, If any, that ex- Coverages A or B of this Coverage Ra ceeds the sum of, our o' i a Ions are united as follows 1 11) The total amount that all such other r a. Primary insurance insurance would pay for the loss In the absence of this insurance; and This insurance i, primary except when 12) The total of all deductible and cclf- b_below applies. If this insurance is pri- 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 v other insi iranra that- - n c. a ow_ scribed in this Excess Insurance provi- b_ Excess insurance scan and was not bought speciflcaily to apply in excess of the Limits of lnsur- This insurance is excess over, ante shown in the Declarations of this (1) Any of the other insurance,whether Coverage Part Primary,excess,contingent or on any c. Method Of Sharing other basis: If all of the other insurance permits con- (a) That is Fire,Extended Covers e t 'bution by P ,al 17-11—w ui er'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 until It has paid its applicable limit of loss to promises rented to you insurance or none of the loss remains, or temporarily occupied by you whichever comes 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 tanant for"property damage"to method, each insurer's share is based i 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. (IJI it e loss arises out of the main- tenance or use of aircraft, "au- tos" or watercraft to the extant not subject to Exclusion g. of R InduSv=Rn[tn=d gmmnl of 1 w =5pviun eI6Q Ira.Wp,It,p Wia,,I 1 a ,wu smi=ofom I 1097 t 9S2001 Ed 4-99 ccr 109 z"r aril cvvalq C,Ra7y,as to,ITAuml In4 and t"dtm Page 12 of 17 —Received Time—Sep, 9. -2009— 2t38PM No, 4837 r 0910912009 14:43 Humble&Davenport (FA))425 255 9342 P.0161020 a We will compute all premiums for this will not invalidate or affect coverage for Coverage Part in mises or opera ions.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 Do Not Renew miurn only At the close ef sach audit period we will compute the earned pre- If we decide not to renew this Coverage mfum for that period. Audit premiums Part,we will trail 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 ante an au premiums paid for the or a exp rauon 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. etirst NamedInsured must koep records of the information we need for 1. "Advertisement"means a notice that is broad- premium computation,and sand us copies cast or published to the general public or at such times as we may request specific marketsegments about your goods, products or cervicne for the purpose of 7. Representations attracting customers or supporters. By accepting this policy, you agree: 2. "Auto" means a land motor vehicle, trailer a_ The statements in the Declarations are or semitrailer designed for travel on public a—'rate and r..plets; inrL1r11n �.,,, ar....t... .. r equipment But"auto"does not include"mobile b. Those statements are based upon rep- equipment'. resentations you made to us; and 3. 'Bodily 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, B_ Separation Of insureds fright or death resulting from bodily injury, sickness or disease. Except with respect to the Limits of Insur- n J ' avarana +arri+J._ assigned in this Coverage Part to the first a The United States of America (including Named insured, this insurance applies: its 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 olalm Is made or "suit' is brought occur in the course of travel or trans- portation to or from any place not in- 9. Transfer Of Rights Of Recovery Aa 'a st rltlriprq in a ahn„n• r Ot ers To Us a All parts of the world if: If the insured has rights to recover all or part of any payment we have made under (l) The injury or damage arises out of this Coverage Part, those rights are trans- (a) 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 (bi The activities of a arson whose rights to us and help us enforce them. p home is In the territory described 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 Lrrors And Omissions (2) The Insureds responsibility to pay A -11 _ a it air......:.... ththe merits,in the territory described description of, or failure to completely describe, any promises or operations in- in a above or in a settlement we agree tended to he covered by this Coverage Part to. lr4lrrlar cWn0and+min l or 1 c 1 swim,OI6c%Gm.,r9t Its pzm=d t [cad r.1�srnd®aft t Im 1997 SS2001 Ed. 4-99 r�dn. 1sw 1� "m�'"hr rmrnrry,en to Dili"ov11w1 and rmha= Page 13 of 17 Received Time Sep. 9, -2009— 2: 38PM No, 4837 r 0910912009 14:44 Humble&Davenport (FAX)425 255 9342 P.0171020 5. '5nployee"includes a"leased worker""Em- to a third person or organization. Tort playee" roes not includes tempo I i y means a is dlty tnat would be worker". Imposed by law in the absence of any B. "Executive officer"means a person holding contract or agreement s any of the officer positions created by your Paragraph f. does not include that part similar governing document riti 5L;L or agreement (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 was Intended to be operations, within 5D feet 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 hec nSe, crosaing• a. It incorporates "your product' or "your (2) That indemnifies an architect, engf- work" that is known or thought to be neer or surveyor for Injury or dam- defective, deficient,inadequate or dan- age arising out of. Serous, or (a) Preparing, approving, or failing b. You have faded to fulfill the terms of a to prepare or approve, maps, contract or agreement; shop drawings,opinions,reports, surveys, field orders, change if such property can be restored to use by orders or rir I . ng s"aBi — 9 P� a. The repair, replacement, adjustment or fications; or removal of "your product' or "your Ibl Giving directions or Instructions, work"; or or falling to give them, if that Is b. Your fulfilling the terms of the carlLract the primary cause of the injury j or agreement or damage; or 9. "Insured contract' means: (3) Under which the insured, if an ar- chitect, engineer or surveyor, as- a A contract for a lease of premises. surne li l'fi�fnra �_ However, that portion of the contract age arising out of the insured's for a lease of premises that indemnifies rendering or failure to render pro- any person or organization for damage fossional services, Including those by fire to premises while rented to you listed in (2) above and supervisory, or temporarily occupied by yuu with inspection,architectural or engineer- permission of the owner is not an "in- ing activities sired contract'; 10."Leased worker" means a person leased to le. A sidetrack agreement; you by a labor leasing firm under an agree- -thec_ Any easement or license agreement, en you anIticilkiJU a or leasing firm, to perform duties related to the conduct of oxcept in connection with construction 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, 11."Loading or unloading" means the handling to indemnify a municipality, except in of property conrection with work for a municipal- a After it is moved from the place where Ity; it is accepted for movement Into or onto a 'An elevator maintenance agreement; an aircraft, watercraft or "auto"; f That part of any other contract or agree- b. While it is in or on an aircraft, water- mentpertaining to your business(includ- craft or"auto'; or ing an indemnification of a municipality a While it is balnn moved frArnv ei in 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 of unloading" does not include for"bodily injury"or'property damage" the movement of property by means of a Cq"Indidas�lnd7ed rt Pt N Im S Swtea OI iM Iz,ulfi I�{:umrJrn 9S2001 Ed. 4-99 cwv�+C,L IMFL htry a d Camuit s.,Fry.MI= �w l� Iasi n' Y�Fa^/•LLT to odiUacll lui uii rwuoa Page 14 of 17 —Received Time—Sep, 9, -2009— 2: 38PM No, 4837 n 09109/2009 14:44 Humble&Davenport (FAX)425 255 9342 P.0181020 mechanical device,other than a hand truck, (3) Air compressors, pumps and en- that [a not attaGhed to a[rera,f`t-rotlater er ors, me Id ing spraying, welding, craft or "auto". building cleaning, geophysical expic- 12."Mobile equipment" means any of the fol- ration, lighting and well servicing lowing types of land vehicles, including any equipment attached machinery or equ r eons an acci ant, including a Bulldozers,farm machinery,forklifts and continuous or repeated exposure to sub- other vehicles designed for use princi- stantiai(y the same general harmful condi- pally off public roads; tions. e ices maintained for use solely an "Personal anda ve s rig in 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 c. Vehicles that travel an crawler treads; offenses_ VRhJGlPS,VUh8t115F9Ulf propelledse arras a nt on or imprisonment; maintained primanlyto provide mobility to permanently mounted: b Malicious prosecution; (1) Power cranes,shovels,loaders,dlg- e. The wrongft.l eviction from, wrongful gers or drills; or entry Into, or invasion of the right of private occupancy of a room, dweliirig (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 rollers; landlord or lessor; e_ 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 person's or bility to permanently attached equipment organization's goods, products or ser- of the following types. vices; (1) Air compressors, pumps and gen- a. Oral or written publication of material orators, including spraying, welding, that violates a person's right of privacy; building cleaning,geophysical explo- nrnnriawr,r,of equipment; or style of doing business; or (2) Cherry pickers and similar devices g. Infringing upon another's copyright trade 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, liquid, gaseous above maintained primarily for purposes or thermal irritant or contaminant, including other than the transportation of per- smoke, vapor, soot, fumes, acids, alkalis, sons or cargo. chemicals and waste.Waste includes mate- s to hn rani row r Jt+ a or re owever, self-propelled vehicles with claimed. tho following types of permanently at- 1$."Products-completed operations hazard": tached equipment are not"mobile equip- mane' but will be considered "autos": a Includes all "bodily irijury" and"property (1) Equipment with a gross vehicle damage" occurring away from premises weight of 1000 lbs. or more and you own or rent and arising out of"your designed primarily for produce' or "your work" except (a► Snow removal; (11 Products that are still in your physi- cal possession; or (b) Road maintenance, but not can- (Q) Work that has not yet been com- pleted or abandoned.However,"your (c) Street cleaning; vvork" will be deemed completed at (2) Cherry pickers and similar devices e earliest of the following times mounted on automobile or truck (a) When all of the work called for chassis and used to raise or lower in your cantract has been corn- workers; and pleted. irdrdo.:arriormd mimni ar her,n xvi;=nq0,uc,vn,iu wwim C.Rd [=u 5=1=0Gm Ira. 107 SS2001 Ed 4-99 c"ndw l39'EL nrl.%caa,aiv camaar.n ibockhami iw[wd=iss Page 15 of 17 —Received Time—Sep. 9. 2009 2: 38PN-No. 4837 • a 09109/2009 14:44 Humble&Davenport (FAX)425 255 9342 P.019102O (b) When all of the work to be done b. Any other altemative dispute resolution at the job site has procee ng rn which such damages are plated if your contract calls 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."Temporary worker" means a arson who at a inh site has -- s nis e o you to su stihrta 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 subcontractor working on the same project 2C."Your product" means- 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 b, Also includes "bodily injury"and'rprop— (2) Others trading under your name;or arty damage'ansing from the consump— (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 awn or rent b_ Containers (other than vehicles), mate— ` c. Does not include"bodily injury"or"prop— rials, parts or equipment furnished in { erty damage" arising out of: connection with such goods or prod— (1) The transportation of property,un— ucts, 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, ? Unload— ing" of that vehicle; quality, durability, performance or use 12) The existence of tools, uninstallad of"your product?'; and equipment or abandoned or unused b. The providing of or failure to 'pride W.9FMk1!g3 OF materials; or providing_ f _r p (3) Products or operations for which the "Your product'does not include vending me— classification, listed in this Cover— chines or other property age Pa states that products—com— e rented to or lo— rk pleted operations arc subject to the ca#ed for the use of others but not sold. General Aggregate Limit 21."Your work" means: 17."Property damage" means a Work or operations performed by you a Physical injury to tangible roe In— or on your behalf; and r i r. nil =.1 1.1.i r P P �' nn..a....r_r_ _ f usd Of that - I furnished property. All such loss of use shall 6e in connection with such work or op— i deemed to occur at the time of the erations physical injury that caused it; or "Your work" includes: b. Lose of use of tangible property that is not physically injured. All such loss of a. Warranties or representations made at use shall be deemed to occur at the time any time with respect to the fitness, of the "occurrence" that caused it quality, durability, performance or use of "your work';and 1 B."Suit" means a civil proceeding Ili which b, The providing of or failure to provide damages because of"bodily injury","prop— erty damage" or "personal and advertising warnings or instructions. 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 insured mustsubmitor does submitwith 1. Under any Liability Coverage, to"bodily in— our consent; or jury" or "property damage" irrlr+ins apl'"D'nal n911siul of Irvaaarrn Sumer Olfim.Irc,•1Jr lic puna,�vr 9S2D01 Ed 4-99 cmma,t inaa rPbr�alrv�"ID S "r�ar�iz, isa� r r�'ry."r loatbil"I oat nr J Mlevs Page 16 of 17 —Received Time—Sep, 9. -2009— 2: 38PM No. 4837 1 - , 1 0910912009 14:45 Humble&Davenport (FAX)425 255 9342 P.0201020 a- With respect to which an Insured under As used in this exclusion: the policy �� also an Insured undul Zi nuclear energy liability policy issued by "Hazardous properties' include radioactive, Nuclear Energy Liability insurance As- toxic or explosive properties, soclation, Mutual Atomic Energy Liabil- "Nuclear material" means"source material," ity Underwriters,Nuclear Insurance As- ir qppr,[;,' nuclaor materiar and 0 F1 UdUL;t sociarlon or Canada 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 law amendatory thereof; upon exhaustion of its limits of liability; or "-;PP'lt fupV' means any fuel fuel 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"; spect to which I I 1 any person or orga- nization is rani rireri to [ntain fIFl - " protection pursuant to the Atomic En- raining"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 tion or concentration of uraniu-n orthorium 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 12) resulting States of America,orany agency thereof, from the operation by any person or erga- under any agreement entered into by the nlzation of any"nuclear facil tty"included under United States of America,or any agency the first two paragraphs of the definition thereof, with any psr,;On or nr9 r za of "nuclear facility", tian. "Nuclaar 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 designad or erties' of "nuclear material' and arising out used for (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(3)handling,pro- 3. Under env Liabilltv roverimp to "t,.,.+n„ r cessing or packaging "waste"; jury" or "property damage" resulting from c. Any equipment or device used for the the"hazardous properties"of"nuclear ma- processing, fabricating or alloying of terial", if: "special nuclear material' if at any time the total amount of such material in the a. Tha"nuclear material"(1)is at any nuclear custody of the insured at the premises facility owned by, or operated by or on 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 "DUcear rial" is rnn+or ag : Or env mFaina+inn+hn�..,+G of - ''spent fuel" or"waste"at any time pos- 250 grams of uranium 235; sessed,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; NM construction,maintenance,opera- tion or use of any "nuclear facility", but "Nuclear reactor" means any apparatus de- if such facility is located withlnthe United signed or used to sustain nuclear fission in States of America, its territories or a self-supporting chain reaction or to con- possessions or Ca ada. this exclimiontain a ciritimil mncs nr fi=='.,n.ti1.. ---.- c applies only to"property damage"to "Property damage"includes all farms of ra- such "nuclear facility"and any property dioactive contamination of property. thereat, ]rdi4m¢prdD'wd nv�imal or Irmnrrn Avid-amat lie..1h iu prirw--= SS2001 Ed. 4-99 �dx rrme�ryfali C3 Ty smarm,orm ram. met rY CaTSvmS as m acicl0ov1 ICR and raAcbc page 17 Of 17 —Received Time—Sep, 9. -2009 2: 38PM No, 4837 � f REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENO V✓ASHINGTON This form must ,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: 10/25/11 Date Required. 1111111 Return Signed Document to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12 VENDOR NAME: Rittenhouse Consulting DATE OF COUNCIL APPROVAL: 4/19/11 Brief Explanation of Document The attached Amendment No 1 to the Horseshoe Bend Levee Improvements agreement is necessary to extend the time of completion to December 31, 2012 For an explanation why a time extension is necessary, see the attached from Mark Madfai RE(-�EIVED All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received t j ty c` dent t Approval of Law Dept.: Law Dept Comments- r� OCT 25 Date Forwarded to Mayor 0/ J Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments: i Disposition: t R�! l'7� Date Returned: i lage5870_templatebase • 2/07