HomeMy WebLinkAboutPW11-340 - Original - Rittenhouse Consulting - Boeing Levee - 12/20/2011 Records Man- agernen' ' t
KENT = Document
W..SHINOTON
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:_ J2(J t l — 3q0
This is assigned by City Clerk's Office
Project Name: Boeing Levee
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
1'�20- /
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: Toby Hallock Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Provide_negotiation services for the acquisition of right-of-way for the project.
—Cifk I
5 Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
WAS .GTON
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 121st Ave. SE, Bellevue, WA 98006, 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 negotiation services for the acquisition of right-
of-way for the Boeing Levee project. For a description, see the Contractor's
November 14, 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, 2012.
III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Fifteen
Thousand Dollars ($15,000.00) 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 shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
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
prevail.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below.
CONTRACTOR: CITY OF KENT:
By: By:
(si ure) (signature)
Print Name: r,AQ_ -t V\V\oQ-S-P_ P int Na a uzette Cooke
Its:t�\ er s Mayor
(title)
DATE: e cIA
DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Anne Rittenhouse Timothy ]. LaPorte, P.E.
Rittenhouse Consulting City of Kent
6229 1215C Ave. SE 220 Fourth Avenue South
Bellevue, WA 98006 Kent, WA 98032
(206) 714-0826 (telephone) (253) 856-5500 (telephone)
(425) 641-4091 (facsimile) (253) 856-6500 (facsimile)
PROFESSIONAL SERVICES AGREEMENT - 3
(Over$Z 0,000)
APPROVED AS TO F R�
Kenk Law Dep rtment
PROFESSIONAL SERVICES AGREEMENT - 4
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I. the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this _ day off C ����� , 20
Title: oy�e f
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of Rittenhouse Consulting Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the
Agreement known as Boeing Levee that was entered into on the December 20, 2011,
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 ` h� day of 2013
By:
For:r
r
Title: 'U�� r
Date: V a -
EEO COMPLIANCE DOCUMENTS - I
AD,fttenhouse Consufting
1 Right-of-Way, Relocation and Real Estate Services
EXHI BIT A
November 14, 2011
Mark Howlett, Design Engineering Manager
Public Works Department
220 Fourth Avenue South
Kent, WA 98032
RE: Boeing Levee Project
Dear Mark:
Thank you for allowing me to submit a proposal on the above-referenced project, as
communicated to me by Jerry McCaughan. Please accept this letter as a Consulting
Proposal/'Scope of Work as follows:
PROPOSAL/SCOPE OF WORK
This Proposal/Scope of Work is for Profession Negotiation for the acquisition of right-of-way
needed for the following identified parcels:
1. Dickson Brothers LLC - Parcel # 6600210220
2. Johnson Property Holdings LLC Parcel# 6600210240
3 Vacant land Parcel # 660021-0230
It is estimated that this work will be approximately $5,000 per parcel, for a total of$15,000, and
will be billed at the rate of$85 per hour.
Preparation of the necessary packets needed for the negotiation and acquisition work will be
performed under the direction of your consultant Jerry McCaughan, of GB McCaughan & Assoc.
The City will provide, where applicable, the most recent engineering/utility/design plans, title
reports and appraisals at the beginning of the project, and will provide any changes to plans,
supplemental title reports, etc , throughout the project The City will also provide approved and
completed documents (i e. deeds, utility'easements, legal descriptions, permits, etc.) for
negotiator packets. Excise Tax Affidavits, where applicable, and vendor forms will be
completed by Rittenhouse Consulting. The City will arrange appraisal schedules so that the
negotiator agent can be present.
Additional standard charges such as mileage and customary reimbursements (copies,long
distance phone calls, etc.), if any, will be billed at actual cost.
6229 12 1"Avenue SE♦Bellevue, WA ♦98006-4422
Office 206-714-0826♦ Fax 425-641-4091 1 Rin0a)comcast.rtet
www.RiftCoiisultiii2.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,
Anne Rittenhouse, SR/WA, R/W-RAC, R/W-NAC
Owner, Rittenhouse Consulting
6229121'Avenue SE Bellevue, WA 98006-4422
Office 206-714-0826♦Fax 425-641-4091 ♦Ritts(akomcast.net
www.RitiCoiisultint,.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
it 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 ANII.
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 subject to all of the same insurance
requirements as stated herein for the Consultant.
�j 07/11/2011 16:17 4259171315 HUMBLE & DAVENPORT PAGE 01/01
ACORD. CERTIFICATE OF LIABILITY INSURANCE 07/11/20117E i1 /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($),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 to
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 CONTACT
NAME:
Humble & Davenport Insurance Brokers, Inc. P""C N�Exr): PHONE 425.226.8221 A,C No_425.255.9342
3500 Maple Valley Highway NAIL _
ADDRESS:
Renton, WA 980S8 00—UdOi
_C}($jOMER ID S• -
_ _INSURER(S)AFFORDING COVERAGE NAIL 0
INSURED rNSURERA: Maryland Casualty InsuranCe CO.
Rittenhouse Consulting INSURER0; Darwin Select Insurance Co.
6229 121st Avenue SE INSURER C:
Bellevue, WA 98006-4422 INSURERD_ —
INSURER E, '
INSURER F: -
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 rOR 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 TYPE OF INSURANCE INSR eWD POLICY NUMBER LICY EFF
MMIDD/YW MMIDD"Y LIMITS
oENERAL LIABILITY PAS00014067 09/16/2011 09/1612012 EACH OCCURRENCE $ _ 1,000 000
CNOMMERCIAL GENERAL LIABIUTY DAMAGHT RENILIJ
EMISES�Eaeecu�r�_., $ 1,000,00
X
CLAIMS-MADE OCCUR MED EXP(Any one peraen) 81 10,000
A w _ PERSONAL&,ADV INJURY S
GENERAI.AGGReOATE $ 2,000,000
,.:VL AGGREGATC LIMIT AFPUES PER, PRODUCTS-COMPMP AGO S 21000,000
POLICY P r?T
JECT LOG 9
AUTOMOBILE LIABILITY PAS00014067 09/16/2011 09/16/2012 COMBINED SINGI E LIMIT
ANY AUTO (En nccidanl) $ _ 1,000,000
ALL OWNEDAUTOS BODILY NJUFY(Par porscn) S
BODILY INJURY(Per eccldant) $
A SCHEDULED AUTOS ,
PROPERTY DAMAGE
X HIREDAUTOS (Per acddant)
X NON-OWNED AUTOS y
9 —
UMBRELLA LIAB OCCUR EACH OCCURRENCE S _
EXCESS UAB CLAIMS.MADE +y r
AGGREG_ATF,
DEDUCTIBLE
_ 5
RETENTION S E
AND EMPLOYERS'LIABILITY
YIN PAS000140675 09/18l2011 09/18l2012 w_j IMIT- X T1q-
4 OrPICEANY RNEM ERrEXCLUDED7�CUTNE(—"I N/A WA STOP GA EL EACH ACCIDENT 11 1,000,00Q
(Mandatey In NH) i`1 E.L DISEASE-EA EMPLOYEE $ 1,000,00C
If os,deacdba under ID, OFOPERATIONS below EA DISEASE•POLICY LIMIT $ 1, 000 000
Pro essiona Liability 0305398 1
03/12/2011 03/12/2012 $1M Occurrence
$ZN Aggregate
iSCRIPTO OF OPERATIONS/LOCAT ON$/VEHICLES (Attach ACORD 101,Adtlldonal RMnarka Schedule,If m ra apace le Mquirad)
.: Riq�it of way consulltTng
:rtifTcate holder included as an additional insured with respects to the work performed by the
Imed insured for the certificate holder.
,Verage is Primary/Non-Contributory.
ERTIFICATE HOLDER CANCELLATION
4X: 2S3.856.6500
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL 6E oeL,IVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
City of Kent / Attn: Engineering Dept.
Attn: Nancy Yoshitake AUTHORIT,ED RE.PRESENTATNE
220 "4th" Avenue S
Kent, WA 98032 lRobert Daven Ort BOB
0)1988.2009 ACORD CORPORATION. All rights reserved.
:ORD 25(2009/og) The ncnRn r,amn���logo are registered marks of ACORD
Recelvei Tlme Jul, 11. 2011 4: 14PM Na, 7828
09109/2009 14:39 Humble&Davenport (FAH)425 255 9342 P.0031020
COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
EAD I7 CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Or anization s Location Of Covered O erations
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 additioraf insured the person(s) or additional insureds, the following additional exclu-
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" ppy
caused, in whole or in part, by "property damage occurring after
1. All work, including materials, parts or equip-
1. Your acts or omissions, or ment furnished in connection with SUCh Work.
2. TTiL acts or omissions of those acting 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 addinonal insured(s) at the location(s) desig- covered operations has been completed,or
naffed 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 o ganization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project
CG 2n 10 1717 04 O ISO Proportico, Inc., 2004 Page, 1 of 1
Received Time—Sep. 9. -2009 2: 38PM No. 4837
09109/2009 14:39 Humble&Davenport (FAH)425 255 9342 P.0041020
PCLICY #PAS000140675
ror Priinary coverage see page 12
COMMERCIAL GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict Coverage- Read the entire policy carefully to determine
ig—, dtffles and what is and is not covtw oct
Throughout this policy the words 'you" and "your" refer to the Named insured shown in the
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 II - 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.
SECTION OF THIS FORM BEGINS ON PAGE
Section i- Coverages
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 6....,
Section it - Who Is An Insured-..._ _ _—e
Section III - Limits of Insurance___ _ -- _ . -— 10
Section IV - Commercial General Liability Conditions... 1 I
Section V - 13
Section VI - Broad Form Nurtpar Fxr-Irlainn R
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 "surf 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 obligatod 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 ,
su u saeng t ose.damages However, expenses under Coverage C
eveFiigssi
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
Irk"=Vjn#bd=aia1 of Lu,mm sg rm off=1K Vj1h ha Imruslm
1m sa.vrma aam Fc,Ism
9S2001 Ed 4-99 CCRfhLlie.�Vr�C.mIrfARV,a310adinao1 gir" Page 1 of 17
—Received Time—Sep. 9. -2009— 2;38PM No. 4837
09/0912009 14:40 Humble&Davenport (FA)g425 255 9342 P.0051620
SUPPLEMENTARY PAYMENTS - COV- (b) Such attorno fees and litigation
CRAG expenses are or defense of that
b- This Insurance applies to "bodily Injury' party against a civil or altema-
and "property damage' only if: five dispute resolution proceed-
ing in which damages to which
11) The"hnf{ily inji icy"or„property dam— this ins,ranre 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 la
age" occurs during the policy pa- reason o _
riod (1) Causing or contributing to the in--
G Damages because of"bodily injury"In- toxication of any person;
chide damages dairned by any parson (2) The
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 Exrinslons (2) Any statute,ordinance or regulation
This insurance does not apply to: relating to the sale, gift, distribution
or use of alcoholic beverages.
a. Expected Or intended Injury This exclusion applies only if you are in
"Bo .a Or "P^ t„ damage" busiriess OF q .tam —__ _r_
r
expected or intended from the stand- uting, selling, serving or furnishing al-
point of the insured This exclusion does cohohc beverages,
not apply to"bodily Injury" resulting from d Workers' Compensation And Similar
the use of roasonable force to protect Laws
persons or property.
b. Contractual Liability Any obligation of the Insured under a
workers' compensation, disability ben-
'Bodily injury" or"property damage"for eflts or unemployment compensation law
damages by reason of the assumption e. Emplayer's Liability
of liability in a contract or agreement
This exclusion does not apply to liability "Bodily injury" to,
for damages. III An "emNluyee of the insured arls-
(1) That the insured would have in the ing out of and in the course of:
absence of the contract or agree-
ment; or la) Employment by the insured; or
din Assumea i 5r r
that is an "insured contract", pro-ert�err� {b) Performina duties related to the
conduct of the Insured's busl-
vided the "bodily injury" or "prop- Hess, 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 6 ) above.
of liability assumed in an insured
contract', reasonable attorney fees This exclusion applies
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
with or repay someone eise who
Ia I lobe' ,r to ti na Fn fr+ ljlu� pay
5 eta e 0 e
the co of,that party's defense injury,
st
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 conb duV,
Irduka atmlda«I m iulal W ko =&.,=OIAm Im,Wm lu pm adm
Cgryd V�%lwa 6avima OGm 1=. M7
9S2001 Ed. 4-99 C"f g-. 19_q%Ma1l�prdc.,aalry Saq V ae laadivaviendandrm.inrm Page 2 of 17
—Received Time—Sep. 9. -2009— 2:38PM No. 4837
0910912009 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" ormng operations if the "pol-
arising out of the actual, alleged or lutents' are brought on or to the
threatened discharge, dispersal, premises,site or location In con-
seepage, migration, release or as el Ich
-
nection with such operacape of po lutants`
tions by
contractor. However, this sub-
(a) At or from any premises, site or paragraph does not apply to:
location which is or was at any (i) "Bodily injury" or "property
time owned or occupied by, or
rented or loanedo, an Insure escape of fuels,lubricants or
However,thissu'oparagraph 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 an cause mechanical unctions neces-
by smoke, fumes, vapor or sary for the operation of
soat from equipment used to "mobile equlpment" or its
heat that building; parts,if such fuels, lubricants
(iI) "Bodily injury" or "property or other operating fluids c.-
damage" for which you may cape from a vehicle part
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 surh prpmiqnn citn
Jury or grape amage"
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
and never was owned or it—MM ey be is
occupied by, or rented or 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
(iilj "Bodily injury" or "property subcontractor;
damage" arising out of heat, Gi) "Bodily injury" or "property
smoke or fumes from a damage" sustained within a
"hostile fire"; building and caused hu thn
IN At or from any premises, site or release of gases, fumes or
location which is or was at any vapors from matarlals
time used by or for any insured brought into that building in
or others for the handling,stor- connection with operations
age, dispve,rai, processing or being performed by you or
treatment of waste; onyour behalf by a contrac—
{c) Which are or were at any time for or subcontractor; or
transported, handled, stored, (iii) "Bodily injury" or "property
Lreated, disposed of, 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 (e) At or from any promises, site or
legally responsible, 1OCadOM OR WhiCh ally insured 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-
kd as mtFy,I1J4Wd ttmloniol of 1rc =SMIM OlRn4 kc wi i W�rrimr)m
952001 Err. 4�-99 DF/ntp• Ims,M' li L I"""��0'in w Its Iss7
ry aM Coaolly Cars»y,as addVwl lo,t ord revtnms page 3 of 17
—Received Time—Sep. 9. -2009 2: 38PM No. 4831
0910912009 14:40 Humble&Davenport (FAH)425 255 9342 P.0071020
lions are to test For, monitor, (4) LiabTty assumed under an "insured
eIBM up�mOvee, Contain, trr t, con ac ' or the ownership, main-
detoxify or neutralize, or in any tenance or use of aircraft or wa-
way respond to, or assess the tercraft;
ni effects of, "Pollutants!'. (5) "Bodily injury"or"property damage"
}� lylu�'s cast 01 expensear[s arising out of the operation of any
of any: of the equipment listed in Paragraph
la} Request,demand,order or state- f.(2)orf_(3)of the definition of'mo-
bile equipment"; or
tory or regulatory requirement
_fnses n 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 "
all 1298"
lutants"; or arisng out of:
lb) Claim or suit by or on behalf of (1) The transportation of"mobile aqulp-
a governmental authority for merit" by an"auto" owned or cpar-
damagas because of testing for, atad 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- orwhife in practice for,orwhila being
- r__. effects
^^�F.. _
L r` u n � s.. 1�1,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-
sured wuuld 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 an be- includes civil war, insurrection, robel-
half of a governmental authority. 11�. F �.• •.._ This
..,.._
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- j• Damage To Property
nance, use or enti uslment to othors 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 (21 Premises you sell,give away or aban-
"loadinq or unloading" , "-__. _
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;
miser you own or rent; (4) Personal property care,
in the re, cus-
p
(2) A watercraft you do not own that tody or control of the insured;
Is: fl That particular part of real property
(a} Less than 51 feet long; and on which you or any contractors or
subcontractors working directly nr
(bl 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 an the ways damage"arises out of those opera-
next to, premises you own or rent, tions; or
a o"is n 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
Irdkiat`e"fd'i"ac ;M"l br ll svl oa�ic•�'C3UWHI Ks pmim
9S200 i Ed. 4-99 �edz i=mrv"c"miry oxiavy,ns ia"mu�i imi rwd mjp" 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 4),(3)and (41 of this exclu- the loss of use, withdrawal recall In-
siun do ricle applyto 'property damager spection,repair,replacement,adjustmank
to premises, including the contents of removal or disposal of:
such premises, rented to you for a pe-
riod of 7 or fewer consecutive d our ,ays.A p
separate limit of insurance appli g to (2) "Your werk', or
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 work" withdrawn or recalled from the market
and were nsver 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), [4), (5) and (6) of this gerous condition in It
exclusion do notes ply to liability as o professional
sumed under a sidetrack agreement
Paragraph(5)of 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 professional ser-
hazard'. vice, Including but not limited to:
k Damage To Your Product ia) Accounting,advertising,architec-
tural.drafting,engineering,f(nan-
'Property damage" to "your product" cial insurance or legal services
r any part of it advice and instruction;
I. Damage To Your Work (b) Medical, cosmetic, dental, ear
"Property damage"to"your work"ar[s- plercing,hair dressing,massage,
Ing out of it nr any part of it and in- physical therapy, veterinary,
cluded in the"products-completed op- nursing, surgical or x-ray ser-
eratione hazard". vices, advice and instruction;
This exclusion does not apply if the (c) Use of any tanning booth, tan-
damaned work or the LVnik ni,tnf mjhirh ninq bed tannino eouioment or
the damage arises was performed on tann(ng device;
your behalf by a subcontractor. (d) Laboratory operations or ser-
m. Damage To Impaired Property Or Prop- vices, whether medical or not,
erty Not Physically Injured and
"Property damage' to "impaired prop- (e) Servicesperformed as a funeral
arty"or property that has not been physi- director or as an operator of a
cally injured, arising out of: cemetery; and
defect e-ic ency, inadequacy or Any scoulue,treatment advice 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
(2) A delay or failure by you or anyone personal grooming.
acting on your behalf to perform a
contract or agreement inaccordanca (2) This exclusion does not apply to:
with its terms. [a) Pharmacological sorv(ces 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 to facture or compound in bulk
.,your produce' or "your work' after it pharmaceuticals for Sala by
has been put to its intended use. others; and
n. Recall OF - c s, Work ur impaire Iiq The"bodily injury"or"prop-
Property arty damage" is rut 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
Ircf�dos v�y„dn"e rtciari"1 al h+.vr.�.Savl®OIGn:Irc,."ih ir"pmiadvt
Cam' Inararar ofoo�Imo_ 19s7
952001 Ed 4-99 CcWOGK rasp,rm,y"`��W=Iry C�nar,as oaaiacrl ra,I and ra bL Page 5 of 17
—Received Time Sep, 9, 2009— 2; 38PW-No, 4837
09/0912009 14:41 Humble&Davenport (FAX)425 255 9342 P.0091020
relating to the sale of phar- the offense was committed in the"cov-
nt rod. err#ory during the policy po-
knowledge or consent of any riod.
Insured;
2. Exclusions
(b) Optical or hearing aid services,
lhi� insurance does n
e -
ration,production,mounting,fit- a "Personal and advertising injury":
ting, demonstration or distribu-
tion of ophthalmic lenses and (1) 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) Arisin out of oral or written -
nd advertising Ulf lcation 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 separ,ite limit of insurance lication of material whose firstpub-
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
iNJIL131111LIMILMIX a penal statute or ordinance com-
1. insuring Agreement mitted by or with the consent of any
insured;
a We will pay those sums that the insuredbec (5) For which the insured has assumed
damages legally obligated to pay as liability in a contract or agreement
damages because of"personal and ncead- This exclusion does not a to li-
ap lies. injury"to which this insurance ability for damages that the insured
applie,. We will have the right and"duty would have in the absence of the
to defend the insured against any suit"
, . -
w
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 arother'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 17) 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 oav for d -
ages is limited as described in SEC- - -
TiON III-LIMrrS OF WSURANCEr;and (8) 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 apph- vertisemenV;
cable limit of insurance in the pay-
ment of judgments or settlements (9) Committed by an Insured whose busf-
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 t 4.a.,b.and c.of"per-
or perform acts or services is covered tonal and advertising injury" under
unless explicitly provided for under SECTION V - D1=FiNITiONS; 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 time
arising out of your business but only If
ueas Y�ryri�nWy6iv.Imum Savi "o0M hoc,is97J�h Ua W,ns�o,
9S20 01 Ed. 4-99 �„rTat MR Miry�hd Casalty C7,7a"/•ns W"toliwl I L 9b rwltl o Page B of 17
—Received Time—Sep. 9. 2009 2: 38PM—No. 4837
09/09/2009 14:41 Humble&Davenport (FA])425 255 9342 P.0101020
l . Any loss, cost or expense arising out a To any insured.
b. To a person hired to do work for or on
(1) Request, demand or order that any bahalf of any insured or a tenant of any
insured or others test For, monitor, insured.
clean up, remove, contain, treat,
L
respond to, or assess the effects mises you own or rent that the person
of, "pollutants`; or normally occuplos.
(2) Claim or suit by or on behalf of a d To a person, whether or not an 'i
because of testing for. monitoring, the "bodily injury" are payable or must
cleaning up, removing, containing, be provided under a workers'compen-
treating, detoxifying cr neutraliaing, sation or disability benefits law or a similar
or in any way respondingtom. , or as— law
sessing the effects of, "pollutants". a To a person injured while taking part in
COVEnAGE C. MEDICAL PAYMENTS athletics.
1. Insuring Agreement f. Included within the"products-completed
operationc hazard".
a We will pay medical expenses de- Excluded d Coverage A
scribed below for 'bodily lnlury" caused
caused g' xcue under overa g
by an accident h. Due to war,whether or not declared,or
(1) On premises you own or rent- any actorconditionincidentto war.War
includes cwll war, insurrection, rebel-
(2) On ways next to premises you own lion or revolutiom
or rent; or SUPPLEMENTARY PAYWNTS - COVERAGES
13) Because of your operations; A AND B
provided that: I. We will pay, with respect to any claim we
(1) The accident takes place in the"ccv- investigate or settle, or any"suit"against an
erage territory"and during the policy insured we defend
peiricid- a. All expenses ---
I21 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 ax- which the Dodily Injury Liability Cover-
aminatian, at our expense, by phy- age applies_ We do not have to famish
sicians of our choice as often as we these bond&
reasonably require, a The cost of bonds to release will attach-
5 I�..L_ r..c__r__ 3 An
e 1 e these payments - the applicable limit of insurance We do
less fault Those payments well not not have to furnish these bonds
exceedd the applicable limit of Insurance.
We vvill pay reasonable expenses for. d All reasonable expenses incurred by the
11) First aid administered at the time of insured at our requu-NL to assist us in the
an accident; investigation or defense of the claim or
"suit", Including actual foss of earnings
(2) Necessary medical, surgical, x-ray up to $250 a day because of time off
and dental services,Including pros- from work.
thetic devices; and e. All costs taxed against the insured in the
131 Necessary ambulance,hospital,pro- "suit'.
nal nursing and funeral ser-
vice-% f. Prejudgment interest awardod against the
V1CC5. A L�^
2 Exclusions pay. If wemake an offer to pay the ap-
We will not pay expenses for "bodily in- plicable limit of insurance, we will not
jury„ pay any prejudgment interest based on
hat period of time after the offer.
Ifchaw�v�yridrnrl nnl"ial a1lnJiaa Swims Olini Inc,w9r ILa Fesnsarn
BS2001 Ed. 4-99 UPOEN ISW M daardQ,�Sm"icu ORS 1997
Cvrrarry,as madidi4acrl!"[I and rm,lov„ 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 (2) Provides us with written authoriza-
on o:
judgment and before we have paid, of-
fered to pay, or deposited in court the (al Obtain recards and other infor-
part of the judgment that is within the motion related to the "suit'; and
applicable limit of insurance (b) Gonduatird eantral d_r___
These payments will not reduce the firnits 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 tion 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-
a The "suit' against seeks mentary Payments Notwithstanding the ro-
isions o aragrap 2.h, of SECTION I -
damages for which the Insured has as- COVERAGE A-BODILYINJURYAND PROP-
sumed the liability of the indemnitee in a ERiYDAMAGE LIABILITY,such payments wig
contract or agreement that is an"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 insureds in-
c. The obligation to defend, or the cost of demnitee and to pay for attorneys' fees and
r ti a seense cav, ,lat.or, Laa� s�5� nPrPe¢anr li+Ir� inn a � SE Men
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 about the "occur- or settlements; or
ranee"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;
- SURFS
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 "suit" and a. An individual, you and your spouse are
agree thatwe can assign the same coup- 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
0) Agrees in
j ners,and their spouses are also insureds,
(a) Cooperate with us in the inves- but only with respect to the conduct of
tigation, settlement or defense your business.
of the "suit"; a A limited liability company, you are an
(b) Immediately send us copies of insured Your members are also insureds,
any demands, notices, sum- but only with respect to the conduct of
manses or legal papers received your business. Your managers are in-
in connection with the "suit'; sureds, but only wfth 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 _cu Iva o cers" 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 mtocl,-
Irdads=pvridlmd rr pW�aI of Lmrnra Swlur:efFm Im,�ih Ilv pam rjor
9S2001 Ed 4-99 aIPAPIL Ig9s.Mtryrvdl�er��rprl 39 o�daal Ima n,drwo!L�
Page 8 of 17
—Received Time—Sep, 9. -2009 2: 38PM No. 4837
09109/2009 14:42 Humble&Davenport (FAX)425 255 9342 P.0121020
holders. Your subsidiaries, and subsid- any of your "employees any
`sidisr,es, ire rnsureQs rf partner or member(if you are a
(1) They are legally incorporated enti- partnership or joint venture), or
'Lies; and any member (if you are a limited
liability company).
(ZI You own more than o e Any person o er n your"employes"),
date of this policy_
stock in them
t them as of the effective or any organization while actin as our
real estate manager
If such subsidiaries are not shown in the Declarac. Any person or organization having
us within
ions days
must re emporary custc y of your property if us within it3D 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
eiltier your property; and
"executive officers" Iif you are an or-
ganization other than a partnership,joint been appointed.
venture or limited liability company) or
your managers (if you are a limited li- 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 n„
v-ftwvre 'e—l—plo ere. . __ rg a
you agree, because of a written con-
(1) "Bodily injury" or"personal and ad- tract, to provids 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 of you are a partner- operations, "your work" or famlitles
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-"am-
(1) T
o any vanjer a
is either in the course of his or sor of[eased equipment grantor of
her employment or performing a franchise, engineer, architect or
duties related to the conduct of surveyor; or
your business; (2) Unleon the contract has been signed
(b) To the spouse, child, parent, prior to the date of "bodily injury",
brother or sisterof thstco-"um- "property damage", or "personal or
ployee" as a consequence of advertising injury"
Paragraph ti I(al above pwaeon _
(c) For which there is any obligation are obligated 6y er
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 (1Na)or tie ownership, maintenance, or use of
(b) above; or that part of any premises leased to you.
This does not apply to:
(d) Arising out in his or her pro- (11 An "occurrence" that takes la viding or falling to provide pro- Y p ce
fessional health care services. after you cease to be a tenant on
(2) "Property damage"to property: those premises.
12) Structural alterations,new construc-
(al Owned, occupied or used by, tlon or demolition operations er-
Rented to, in the care, custody orme y or an behalf of such in-
or control of, or over which sured
physical control is being exor- g. Any state or political subdivision,but only
cised for any purpose by you, as respects legal liability incurred by the
Ire36u t n¢Wsl aulaial of irwana smi=aq.im.wu,&a F s om
9S2001 Ed 4-99 �i✓n ism 0�irycxi�r'.asrw�B�i97.na ivwf�m:
Page 9 of 17
—Received Time—Sep, 9. -2009— 2:38PM No, 4837
0910912009 14:42 Humble&Davenport (FAX)425 255 9342 P.0131020
state or political subdivision solely be- offense committed before you acquired
CaUo `-,, "=r=�o�d-a-�99Rittt-itYConReL a meet the orgy Ion.
Von with premises you own, rent, or
control for one of the hazards fisted No person or organization is an insured with
below respect to the conduct of any currant or past
partnership,joint venture or limited II ility com-
n as a NamedInsure In
construction,erection,or removal of the Declarations.
advertising signs,awnings,canopies, SECTION 111 - LIMITS OF INSURANCE
cellar entrances, coal holes, drive-
ways,manFloles,mar ees,hoistawa
openings, s wa k vaults, street Wations 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
o e eve ors; of aims ma a or "suits' nought; 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 Aggregato Limit is the mostwe
3. W1th respect to "mobile equipment'regis- will pay for the sum of.
tered in your name under any motor vehicle a Damages under Goverags A, except
registration law, any person is an insured damages because of "bodily injury' or
while driving such equipment alonga public rnr eh 11I_,L _
igpi 0
way wUii your perm ssiom 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-
rhe operation of the equipmcnt, 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 II- ,Wises involving the same or connecting lots,
ability.However,no person or organization or premises whose connection is interrupted
eet
Is an insured with respect to: ,1i a Sh ,
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 gregate Limit is the most we will pay under
hy, rented to,in the charge of or oecu- Coveraga A for damages because of"6vdily
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_ and".
$ AnV organiZatiii need„a ,d.,,13F f Dm, A S11113,11" fn _aboVe, thePomona! _ _
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 darn-
majority interest,will qualify as a Named In- ages because of all"personal and adverds-
sured if there is no other similar insurance Ing injury" sustained by any one person or
available to that organization. However organization.
a Coverage under this provision is afforded S. Subject to 2. or 3. above, whichever ap-
only until the IBM 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 in'ury" and" rope
1!1 ore you acqu I; iii or forme omega arising out of anyone"occurrence".
the organization; and S. 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 advertising injury" arising out of an Coverage A for damages because of"prop-
lr�mi.- :Pl"s[�W=pial of Ina.,mm;auras Olitra I1� wlh 119 po Wnim
�av,,, II17D,��MMy l01" sa,im,atim iesr
9S2001 Ed. 4-99 o
N �1 rmNlN,m to"d3Uaol Wal",d Page 10 of 17
—.Received Time—Sep. 9. -2009— 2: 38PM No. 4837
09109/2009 14:43 Humble & Davenport (FAX)425 255 9342 P.0141020
arty damage" to any one premises, while legal papers received in connection
rented to you cor t�
w e oarm or"suit;
you with permission of the owner, arising out of any one"occurrencd'. 121 Author to obtain records and
information;
Authorize
u us s
7. Subject to B. above, the Medical Expense other Lion;
I-Irn-tis the
rid COOPBrate with us in the Investigal—
tian or settlement of the claim or
age C for all musical expenses because of defense against the"suit"; and
"bodily injury"sustained by any one person.
The Limits of Insurance of this Coverage Part (4) Assist us, upon our request, In the
separatelyapply
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 a2ply.
an additional 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 obligation, or incur any ex-
of detanmining the Limits of Insurance. pense, other than for first aid, without
SECTION 1V- COMMERCIAL OENERALLIABILrrY our consent
CONDiON5 P_ Knowledge of °occurrence claim or
1. Bankruptcy "suit"by an agent servant or"employee"
Rn"Lr ^}^ ^'i^_ of an insured (other than an officer or
pa er ❑es not imply knowledge by
of the Insured'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 Occurrence,Offense, or 'employee'.
Claim 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-
in a Claim To til r;fdprrd mn failure r)a ;TPly With POF&
should include, graphs a and b above
(1) How, when and where the"occur- 3. Legal Action Against Us
rence" or "offense" took place, No person or organization has a right under
12) 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 arisirin 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 "suit" is brought all of its terms have been fully complied
against any insured, you must with
i1) Immediately record the specifics of A person or organization may sue us to i e-
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
121 Notify us as soon as practicable. damages that are notpayabJe 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 oftheapplicable 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 mush claimant ar the cinimany i gaJ P 7
111 Immediately send us copies of any
five.
demands, notices, summonses or 4. Motor Vehicle Laws
1ndW=¢py1Jy11dd=&Aer Lry 'a 57WIM ORm 6c.V"I Its
n 1m 5o111=OGm,Lc, iBs7
SS2007 Ed. 4-99 Qpmda isnsr .v ac"aanvcnwry �mam,aa,". w�ia� Page 11 of 17
Received Time Sep. 9. 2009 2:38PM No. 4837
0910912009 14:43 Humble&Davenport (FAX)425 255 9342 P.0151020
With respect to"mobile equipment"to which SECTION f - COVERAGE A -
PEftTY
a. When this Coverage Part is certified as DAMAGE LLABiLlITy.
proof of financial responsibility under (2) Any other primary insurance avail-
the provisions of any motor vehicle fi- able to you covering liability for
mini l responsibility law, th�elnswence d
amages arising ourot the 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 a imi s o nsurarice required by 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 insured anaii thaT claim
feu_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 against all
coverages. those other insurers.
5. Omer Insurance When this insurance is excess over other
er valid and collectible r avail- insurance,' ava insurance,we will pay only our share of
able to the insured for a loss we cover u er the amount of the loss, If any, that ex-
Coverages A or B of this CovelRa ceeds the sum of•
ou o iga ions are mi a as follows: (1) The total amount that all such other
a. Primary Insurance insurance would pay for the loss in
the absence of this insurance, and
This insurance is prunary except when 12) The total of all deductible and olf-
b_below appifec. If this insurance is pri- insured amounts under all that other
Mary, our obligations are not affected insurance
unless any of the other insurance is also
primary.Then,we will share with all that We will share the remaining less,if any,
other insurance by the method described with anvGIn . a ow. scribed in this Excess Insurance provi-
b. Excess insurance sion and was not bought specifically to
apply in excess of the Limits of Insur-
This insurance is excess over. ance shown in Ehe Declarations of this
(1) Any of the other insurance,whether Coverayu 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 Coverage, tribuUon by ery Pril chars inn vvill f,.ism n,
ui e 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 wntl it has paid its applicable limit of
insurance or none of the loss remains,
loss to promises rented to you
or temporarily occupied by you whichever comas first
with permission of the owner; if any, of the other insurance does not
permit contribution by equal shares,we
(c) That is insurance purchased by will contribute by limits. Under this
you to cover your liability as a method, oach insurer's share is based
tenant for"property damage"to on the ratio of its applicable limit of
premises rented to you or tem- insurance to the total applicable limits
porarily occupied by you with of insurance of all insurers
permission of the owner; or
e o;iiiss arises out of the main-
tenance or use of aircraft, "au-
tos" or watercraft to the extent
not subject to Exclusion S. of
kckA=oTpdn W,Mvi"I of IIcrsrcs SRviaa 01I III WO,its pow,,I
9S2001 ll 4-99 rm+l IM"mr-111,II'-�o ly,2zto iK I ii
a w gory,as to oekNunl Iml nnl rmidov Page 12 of 17
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09109/2009 14:43 Humble &Davenport (FAH)425 255 9342 P.0161020
a We will compute all premiums for this will not invalidate or affect coverage for
s aiises or opera lons_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
Milian only. At the close ef 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 ordelivertathe 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 3D
Tfil ce an auIFpremiums paid for the e e expiration ate
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. _
DEFINITIONS
e irsiii erne Insured must koep
records of the information we need for 1. "Advertisement"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 aboutyour goods,
products or servicse for the purpose of
7. Represantatlons 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
arrrmat ,i�r . 2+ rnartc including_MY ttae""_..;;�-
equipment But"auto"does not include"mobile
b. Those statements are based upon rep- equipment".
resentations you made to us; and a "Bodily Injury"means bodily Injury,sickness
C. We have issued this policy in reliance or riisease sustained by a person. This in—
upon your representations. ciudes mental anguish,mental injury, shock,
B_ Separation Of insureds fright or death resulting from bodily injury,
sickness or disease.
Except with respectto the Limits of Insur-
� p4.�� _ aVP nR tP fin r,"
RA spwfflcdily
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. Intr3mational 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 or from any place not in-
9. Transfer Of Rights Of Recovery Agl2inSt dirind in a above,
t ers To Us c. All parts of the world if:
If the insured has rights to recover all or (1) The injury or damage arises out of:
part of any payment we have made under
this Coverage Part, those rights are trans- ta) Goods or products made or sold
ferred to us. The insured must do nothing by you in the territory described
after loss to impair theta At our request, in a. above; or
the insured will bring°suit' or transfer those {b] The activities of a person whose
rights to us and help us enforce them home is In the territo y described
This condition does not apply to Coverage in a above,but is away for a short
C. Ma6cal Expenses. time an your business; and
10.Unintentional Errors And Omissions (2) The insured's responsibility to pay
Any uniRteriliopal l r Hired In
description of, or failure to completely the merits.in the territory described
describe, any premises or operations in- in a above or in a settlemantwe agree
tended to be covered by this Coverage fart to.
Yslldlr.MryriOncdrT,�q.ieIr of km�Sw5mdm PR3i Irc.i1997 Il Its pnr�m
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5. "Employee"includes a"leased worker"."Ern- to a third person or organizatfon. Tort
b
HaD1111Y means a lability 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
an con roc or agreement
similar governing document
(i} 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
wA_q ontiartripid to he
opera ions, wit in 5 feet of any
8. "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
her rim croccini
a. It incorporates "your product' or "your (2) 7hat indemnifies an architect, engi-
work" that is known or thought to be neer or surveyor for Injury or dam-
defective, doficient,inadequate or dan- age arising out of:
gercus, or (a) Preparing, approving, or falling
b. You have failed to fulfill the terms of a to prepare or approve, maps,
contract or agreement; shop drawings,opinions,reports,
if such property can be restored to used surveys, field orders, changeordarc nr Arayyt,9 �...+
a. The repair, replacement, adjustment or fications; or
removal of "your product" or "your (h) Giving directions orinstructions,
work"; or or falling 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
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, SUrriss G 'fir ;M injUFy Sr
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 oro-
any person or organization for damage fissional 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
sured contract'; 10."Leased worker" means a person leased to
h. A sidetrack agreement; you by a labor leasing firm under an agree-
c. Any easement or license agreement, an e a or easing fimL
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".
11."Loading or unloading" means the handling
d An obligation,as required by ordinance, of property:
to indemnify a municipafity, 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 air craft, watercraft or "auto";
f_ Thatpartof any other contractor ayrae- 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 municioa•tv a While is bping rnnir-,4
air-
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 or unloading" does not include
for bodily injury"or property damage' the movement of property by means of a
Mud=mp/ Eh[!d v Icrlal r41 n =Swims aI'm c.wih h±t wmcdm
952001 Ed 4-99 CwiM iss "fd �ID �°liih9
a rs yriwi rov , ,no o uocl iui ud rwi m:
Page 14 of 17
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mechanical device,other than a hand truck, (3) Air compressors, pumps and en-
that Im net: attached to the aircraft ors,Inc u ing spraying,welding,
craft or "auto". building cleaning,geophysical explo-
12"Mobile equipment" means any of the fol- ration, lighting and wall servicing
lowing types of land vehicles, including any equipment
eons an acci ent, including
a Bulldozers,farm machinery,forklifts and continuous or repeated exposure to sub-
other vehicles designed for use princi- stantially the same general harmful condl-
pally off public roads; tions.
153. Vehicles maintained or use solely on a a ve sing inlur 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 on crawler treads; offenses-
a se awes , intent on or imprisonment;
maintained primarily to provide mobility to permanently mounted. b Malicious prosecution;
(1) Power cranes,shovels,loaders,dig- M The wrongful eviction from, wrongful
gers or drills, or entry Into, or invaslon of the right of
prlvate occupancy of a room, dweliing
(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
blity to permanently attached equipment organizatfon'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 explo-
San rnnrlati,� pf ad.+'gingideas or
10-011,
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 prfmarffy for purposes or thermal irritant or contaminant, including
other than the transportation of per- smoks, vapor, soot, fumes, acids, alkalis,
sons or cargo,
chemicals and waste.Waste Includes mate-
owsver, self-propelled vehicles with claimed
the following types of permanently at-
tached equipment are not"mobile equip-
16."products-completed operations hazard":
ment" but will be considered "autos": a includes all "bodily injury" and"property
(1) Equipment with a gross vehicle damage" occurrin g away from premises
weight of 1000 lbs. 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
IN Aoad maintenance, but not con- (2) Work that has not et been com—
pleted or abandoned However, "your
(c) Street cleaning; work" will be deemed completed at
(2) Cherry pickers and similar devices
e ear lest of 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.
Indu&n vMA&nd"Wal nl Ira m ftull=OldnS he,wlh Ile WuLWm
9S2O01 Ed 4-99 err"dn I��c�rldr�1 smlmsormpc 1991
r y Co pyry,m lbndiEonl IwI"d wl�m Page 15 of 17
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09109/2009 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
at a job sim has been rocee Ing in 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 thatpartof the work done 19•"Temporary worker" means a person who
at ajob site has been pntto its is furnisried to 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 eonditions
contractor or subcontractor
working on the same project 20."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 "prop— (2) Others trading under your name;or
erty damage"arising 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 own or rent b_ Containers (other than vehicles), mate-
e. Does not include"bodily injury"or"prop- rials, parts or equipment furnished in
erty damage" arising out of: connection with such goods or orod—
(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 tha "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
Iir
rgs or
(3) Products or operations for which the 'Your product'does not include vending ma-
ciassification, listed in this Cover- chines or other property rented to or lo-
age Part,states that products-com- cated for the use ❑f others but not sold.
plated 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
umis e
property. All such loss of use shall be in connection with such work or op-
deemed to occur at the time of the erations.
physical injury that caused it; or "Your work" Includes-
b. Laos of ueo of tangibie proper-ty 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
IS "Suit" means a civil proceeding ilj 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."Sulf includes EXCLUSION
a An arbitration proceeding in which such "rhe insurance does not apply.
damages are claimed and to which the 1. Under any Liability Coverage, to "bodily in—
our consent; or,insured mustsubmitor does submitwith jury" or "property damage":
]irhdsi 0*0W J llnllnul of UMM 1M.V14,IM pm,Sam
c '^ Itmrrvm swims ol�m Inc. 1997
9S2001 Ed 4-99 Wdn Ilia IMr,mu nj"hy cam„j,Ye I""moot l�t nnl r"�Ica> Page 16 OF 17
Received Time—Sep. 9. -2009— 2: 38PN1 No. 4837
0910912009 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
soclation, Mutual Atomic Energy Liabfl- "Nuclear material" means"source material,"
4 Underwriters,Nuclear Insurance As- " „ and"
by prod at
socis ono ana a or any of their material,"which have the meanings given tham
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 (lability;
or 'cn nt s I" means y fuel_I_—
r fuel
b. Resulting from the "hazardous proper- component, solid or liquid, which has been
P P used or exposed to radiation in a nuclear
ties" of "nuclear material" and with re- reactor";
spect to which(11 any person or orga-
nization lc regl(iron to Maintain f ria ncia _Wasta" meansany as"_ Fn '+'
protection pursuant to the Atomic En- twining"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 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 12) resulting
States of America,or any agency thereof, from the operation by any person or erga-
under any agreement entered into by the niza' n of any"nuclear facility"included undsr
United States of America,or any agency the first two paragraphs of the definition
thereof with an vnnrcnn n�.organ of "nuclear fagdjt)e"
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 desiynad or
erties' of "nuclear material" and arising out used for II I separating the isotopes of
of the operation of a "nuclear facility" by uranium or plutonium,12)processing or
any person or organization. utilizing"spent fuel",or 0)handling,pro-
3 Under any I iahiflty CnVerng to 'bad•f�� in
cessuig 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
a The"nuclear material'(1)is at any ear nucl the total amount of such material in the
custody of the insured at the premises
facility owned by, or operated by or on where such equipment or device is lc-
behalf of, an insured, or (2) has been cated consists of or contafns more than
discharged or cifsporsed therefrom; 25 grams of plutonium or uranium 233
b The "nuclear material" is + d ' or any rnmhinati t ear"of MOM than
" 25Drams of uranium 23b;spent fuel"or"waste"at any time pas- 9
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 ail premises used for such
equipment in connection with the plan- operations;
riling,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 reaction ortocom-
possessions or Canada, this a rli m, fain a crihral f =t��atil _:_,
off applies only to"property damage"to "Property damage"mciudes all forms of ra-
such "nuclear facility" and any property thereat dioactive contamination of property,
1rd1d¢3cCMd&4dm1w;d"f llvwrarm 3.vku OMCM Ile,wlh rug p 1Vi=M
9S2001 Ed.4-99 QW&L lime PArNKld d�n ra&iwm.eu w amu0 i'"a","iHan
Page 17 of 17
—Received Time—Sep, 9, -2009— 2:38PM No. 4837
I
REQUEST FOR MAYOR'S SIGNATURE
• Please Fill in All Applicable Boxes
KEN0N This form mast be printed ors cherry paper
MIHGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator Toby Hallock Phone (Originator) 5536
Date Sent. 12/19/11 Date Required: 12/27/11
Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12
VENDOR NAME: Rittenhouse Consulting DATE OF COUNCIL APPROVAL: 12/13/11
Brief Explanation of Document
The attached agreement is for Rittenhouse Consulting to provide negotiation services for the acquisition of right-of-way
for the Boeing Levee project For a summary, see the attached prepared by Alex Murillo
i
RECEVED
All Contracts Must Be Routed Through the Law Department
I
(Thrs Area to be Completed By the Law Department)
CI[.
Received. �������
Approval of Law Dept.:
Law Dept Comments DEC 19 2011
ANT LAW D
Date Forwarded to Mayor:
Shaded Areas to Be Completed by Administration Staff
Received:_ `1
t�
Recommendations & Comments:
Disposition.
Date Returned:
lage5870_templatebase 2/07