HomeMy WebLinkAboutPW12-097 - Original - FCS Group - Sanitary Sewer Utility Rate Study - 04/23/2012 S
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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: FCS Group
Vendor Number:
JD Edwards Number
Contract Number: (L)t a-a`T7
This is assigned by City Clerk's Office
Project Name: Sanitary Sewer Utility Rate Study
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: Merrill Vesper Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Perform a sanitary-sewer util y rate study.
S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
Wh5M1..TON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Financial Consulting Solutions Group, Inc. d/b/a FCS Group
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Financial Consulting Solutions Group, Inc. d/b/a FCS Group
organized under the laws of the State of Washington, located and doing business at 7525 166th
Ave. NE, Suite D-215, Redmond, WA 98052, Phone: (425) 867-1802/Fax: (425) 867-1937,
Contact: Karyn Johnson (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall perform a sanitary sewer utility rate study. For a description,
see the Consultant's Scope of Work which is attached as Exhibit A and incorporated
by this reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
December 31, 2012.
III. COMPENSATION.
A. The City pay shall a the Consultant based on time and materials an amount not to
exceed Forty Five Thousand, Eighty Five Dollars ($45,085.00), plus applicable
Washington State sales tax, for the services described in this Agreement. This is
the maximum amount to be paid under this Agreement for the work described in
Section I above, and shall not be exceeded without the prior written authorization
of the City in the form of a negotiated and executed amendment to this agreement.
The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's billing
rates shall be as delineated in Exhibit B.
CONSULTANT SERVICES AGREEMENT - 1
(Over $10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant 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.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier UBI number from the State of Washington.
( ) 9
F. The Consultant 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 thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant 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
Consultant's part, then Consultant 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 Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
CONSULTANT SERVICES AGREEMENT - 3
(Over $10,000)
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
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.ment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
9 P 9 � 9
with an Exhibits attached hereto shall supersede all prior verbal statements of an officer or
Y P P Y
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: 17 CITY OF K
A�v,xlll� ( /
/� ,/? By:
By:
to a (signature)
Prin �me: Pri LtNa zette Cooke
Its Its Ma or
(title)
D E: DATE: 5A 3 -;2
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Karyn Johnson Timothy J. LaPorte, P.E.
FCS Group City of Kent
7525 166th Ave. NE, Suite D-215 220 Fourth Avenue South
Redmond, WA 98052 Kent, WA 98032
(425) 867-1802 (telephone) (253) 856-5500 (telephone)
(425) 867-1937 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FOf M:
WVI� C�IrMAAO)0
Kent Law Department
FCS Group-Sewer Rate Study 2/Vesper
CONSULTANT SERVICES AGREEMENT - 5
(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 of L 2016?
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of FCS Group Company, hereby acknowledge and
declare that the before-mentioned company was the prime contractor for the Agreement known
as Sanitary Sewer Utility Rate Study that was entered into on the April 23, 2012, between
the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 201_:�).
By:
For: S
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
Exhibit A
Scope of Sci vices
Sei4er Rare Stud
Task 1: Data Collection/Validation
1 1 Prepare a written request for data/information needed for the study. The list will be provided to
the City in advance of the kick-off meeting
1.2 Attend a kick-off meeting with City staff to discuss key study issues and objectives, and review
readily available information.In particular any customer equity concerns will be discussed that
could result in revisions to the current rate structure
1.3 Review, analyze, and validate the data as necessary for use in conducting the technical analysis.
Follow up with City staff(via telephone/email)for any additional items or explanations as
necessary
Task 2: Fiscal Policy Evaluation
2.1 Review policies regarding reserve management, including operating reserves, capital-related
reserves, debt reserves, and any other reserves of the utility. Evaluate the need for such reserves,
the basis for minimum thresholds, and the financial and rate impacts for establishing any new or
revised reserves Evaluate debt management policies, and policies regarding capital improvement
and capital reinvestment(e g, repair/replacement) funding
2.2 After review and discussion with City staff, integrate recommended policies into the technical
analyses.
Task 3: Capital Funding Analysis
3.1 Develop a spreadsheet-based analysis to analyze the ability of the City to fund the identified capital
needs over a 5 to 10-year study period. Consider funding sources from current revenue streams
(e g , rates, connection charges, and dedicated cash reserves) and potential revenue streams that are
consistent with City policy and preference(e.g., increased rates and charges as warranted, debt
financing, acquisition of special grants or loans, assessments, or special funding structures)
Working from the City-provided capital projects list, incorporate annual capital projects and
associated costs for the study period Forecast future costs using mflationary factors.
3.2 Compare forecasted improvements against forecasted funding sources available, as derived from
current rate and charge levels, cash reserves, and other identified sources for funding capital
projects Develop a capital funding strategy based on different approaches to funding capital needs,
including alternative levels of annual cash contributions from rates, use of cash reserves,
appropriate and/or necessary levels of debt financing, resources from new development, etc. (The
budget provides for up to three(3)alternative capital funding scenarios).
Task 4: Revenue Requirement Forecast
4.1 Prepare a spreadsheet-based financial planning module to forecast and analyze the financial
performance of the utility over the study period The chief output of this task is a"revenue
requirement"that defines the full-cost need from the City's user rates, after other revenue sources
have been accounted for in meeting the financial obligations of the utility
4.2 Integrate cash and coverage requirements from recommended fiscal policies(Task 2)and capital
financing strategies (Task 3) Forecast annual operating expenditures and revenues for the study
period Budget estimates will be used as a baseline for projecting future costs and revenues Model
impacts resulting from any operational cost additions or savings caused by capital projects, known
or anticipated changes to meet regulatory requirements, as well as impacts of any new or enhanced
program initiatives.
1
Lxhibit A
Scope of SeI N ices
Seder Rate Study
4.3 Compare annual financial needs against available rate and miscellaneous operating revenues,
identifying any projected shortfalls over the forecast period Calculate annual and overall
adjustments needed in rate levels to recover the full cost of service over the study period
4.4 Develop rate revenue strategies that meet financial obligations over the near-and long-term
planning horizon and provide smooth impact to utility customers,to the extent practical. (The
budget provides for up to three (3)revenue requirement scenarios).
4.5 Prepare materials and meet with City staff to review and evaluate key results and select the
preferred revenue requirement scenario.
4.6 Incorporate changes as necessary and finalize the revenue requirement analysis.
Task 5: Cost of Service/Rate Structure Evaluation
5.1 Develop functional allocation of system assets and expenses:
■ Classify plant investment by major categories (e.g, customer services,collection,
transmission, etc ),
■ Assign categorized plant investment to functional cost components(customer, flow)using
system design criteria;
■ Classify expense data by major and sub categories relating to the activities performed in the
operation of the sewer utility (including King County treatment expenses), and
■ Assign categorized expenses to functional cost components.
5.2 Distribute functional costs to customer classes-
■ Work with City staff to generate a database of detailed billing system information by
customer class Develop summary customer statistics by customer class including number of
accounts, dwelling units, annual water usage, and winter period water usage,
■ Perform a customer class analysis to determine the appropriate grouping of customers for use
in the cost allocation process and rate structure design,
• Apply prevailing rates to the customer data set to determine whether the historical
information serves as a valid basis for calculating rates that will generate the correct amount
of revenue Depending on the initial outcome,this could include follow up with City staff to
determine potential reasons for any significant discrepancies,
■ Allocate classified costs to each customer class based on use of the sewer system, and
• Derive class of service unit costs.
5.3 Develop alternative rate structures:
■ Review and analyze the current sewer rate structure Recommend rate modifications
reflective of cost-of-service findings and policy objectives of the City. (The budget provides
for up to three (3)alternative rate structures for review with utility management);
■ Evaluate and demonstrate the ability of the resulting rates to generate the projected and
required revenues by testing rates against composite system customer demands,
■ Identify revenues to be generated from fixed and volume-based charges;
■ Incorporate the King County(pass through)charge and prepare sample bills for each class of
service comparing existing rates and proposed rate impacts; and
2
Exhibit A
Scope of Services
'fewer Nate Study
■ Prepare a typical bill comparison for the residential class including a survey of up to five(5)
neighboring communities and the City's existing and proposed rates
5.4 Prepare materials and meet with City staff to review and evaluate key results and select the
preferred rate structure.
5.5 Incorporate changes as necessary and finalize rate design.
Task 6: Capital Connection Charges
6.1 Review and evaluate the current connection charge methodology and structure Recommend
alternatives as warranted
62 Based on the results of Subtask 6.1 above, update capital connection charges for the utility. The
recommended methodology is likely to incorporate current and planned system investment and
system capacity:
■ Determine the existing cost basis to be incorporated into the charges. This includes review
and evaluation of existing plant-in-service, contributed assets, interest accumulation, and
other adjustments;
■ Determine the future cost basis to be incorporated into the charges This includes review and
evaluation of the sewer CIP(as identified in the Sewer Master Plan) and apportioning capital
needs to existing customers and to future customers,
■ Determine system capacity that the existing and future planned system infrastructure can
serve, and
■ Calculate the maximum allowable capital connection charge per customer equivalent and
develop a schedule of sewer connection charges
6.3 Prepare matenals and meet with City staff to review and evaluate key results.
6.4 Incorporate changes as necessary and finalize connection charges.
Task 7: Presentations
7.1 Meet with City staff to review final recommendations and summary materials for use in City
Council/public presentations
7.2 Attend up to three(3)City Committee/Council meetmgs to present study results.
Task 8: Documentation
8.1 Develop a draft policy-oriented report for City staff review that focuses on findings,conclusions,
and implementation methods and issues related to the recommended rates.
8.2 Incorporate City staff comments as appropriate and deliver a final report in hard copy and
electronic (pdf)format. Electronic versions of the spreadsheet models will be submitted in Excel
format
Task 9: Project Administration
Perform miscellaneous project set up activities,work paper documentation, internal scheduling/workload planning,
invoicing,ongoing client correspondence,and other miscellaneous administrative;project management activities
throughout the study
3
Lxbibit A
Scope of Scrn ices
Sewer Rate Study
Deliverables:
Task 1• Data Request to City staff
Task 2 Evaluate fiscal policies and analyze impacts
Task 3: Analyze up to 3 alternative capital funding scenarios
Task 4 Provide up to 3 revenue requirement scenarios
Task 5• Provide up to 3 rate structure alternatives
Task 6. Provide up to 3 alternative schedules of connection charges
Task 7. Provide presentation materials
Task 8 Draft and final report
4
Exhibit B
Fee Schedule
Sewer Rate Study
Managing Total
Principal Analyst Adman Esutatnted Total
Task Johnson Shaley suppon Hours Bud et
Hourly Billing Rates $225 $100 $70
Task 1 -Data Collection/Validation[1 mtg] 8 24 32 $ 4,200
Task 2-Fiscal Policy Evaluation 4 4 8 $ 1,300
Task 3-Capital Funding Analysis 3 18 21 $ 2,475
Task 4-Revenue Requirement Forecast[1 mtg] 12 44 56 $ 7,100
Task 5-Cost of Service/Rate Structure Evaluation[1 mtg] 14 58 72 $ 8,950
Task 6-Capital Connection Charges [lmtg] 12 32 44 $ 5,900
Task 7-Presentations [4 mtgs] 24 24 8 56 S 8,360
Task 8-Documentation 8 32 8 48 S 5,560
Task 9-Project Administration 4 2 2 8 1 S L240
Total 89 238 18 345 S 45,085
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EXHIBIT C
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. The City shall be named as an
Additional 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.
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.
9
EXHIBIT C (Continued)
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 Consultant 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.
7SHINSTROM
�� DATE(MWDDIYY)
AC-CM. 4/10 2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
& NORMAN, INC. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
X 638 COMPANIES AFFORDING COVERAGE
KIRKLAND, WA 98083 COMPANY
_ A
American Economy Ins.Co. (A XV)
INSURED COMPANY
FINANCIAL CONSULTING SOLUTIONS GROUP B
Amerjoan States Ina- Co. (A XVI
7525 166TH AVENUE NE, STE #D-215 COMPANY
REDMOND, Tom► 98052 C
COMPANY
D
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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UNITS
LTR DATE(MMIDD/YY) DATE(ISMIDOIYY)
GENERALLIAMUTY GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMWOP AGG $
CLAIMS MADE 0000,000
®OCCUR PERSONAL 8 ADV INJURY E
A OWNER'S S CONTRACTOR'S PROT 02-CE-223291-1 09-20-11 09-20-12 EACH OCCURRENCE $
FIRE DAMAGE(Any one fire) $
MED EXP(Any one person) $ 10 ,000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per Person) $
A JC HIREDAUTOS 02-CE-223291-1 09-20-11 09-20-12 BODILY INJURY $
NON-OWNED AUTOS (Per.COdent)
PROPERTY DAMAGE S
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACHACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $1,000,000
B UMBRELLA FORM 01SU425565-10 09-20-11 09-20-12 AGGREGATE $
OTHER THAN UMBRELLA FORM $
WC WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS'UABEJTY
EL EACH ACCIDENT $1,000,000.
A THE PROPRIETOR/ INCL 02-CE-223291-1 09-20-11 09-20-12 EL DISEASE-POLICY LIMIT $
PARTNERS/EXECUTIVE
OFFlCERSARE EXCL EL DISEASE-EA EMPLOYEE $
::7
DESCRIPTION OF 0PERATIONeILOCA1RONWVEMCLOEBPECIAL ITEM
Re: Consultant Agreement.
City of Kent is named additional insured per form CG7635.Coverage is primary
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
1 City of Kent EXPIRATION DATE THEREOF, THE RHIUING COMPANY WILL ENDEAVOR TO MAIL
400 West Gowe 45-_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Kent WA 98032 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANV KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES
nyoshitSke@KentWa.gov A DREPRESEHTATP/E
DATE WY)
gCORDnw CERTIFICATE OF LIABILITY INSURANCE 4/10MI201
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Shinstrom & Norman Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 638 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Kirkland, WA 98083 INSURERS AFFORDING COVERAGE
INSURED FINANCIAL CONSULTING SOLUTIONS INSURERA
GROUP, INC INSURER B
7525 166TH AVE. NE, SUITE D-215 INSURER
REDMOND, WA 98052 INSURER
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INS TYPE OF INSURANCE POLICY NUMBER POLICY:Y EFFECTIVE EXPIRATION LIMITS
LTR E(MMIDDffn DATE(MMIDWN1
GENERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $
CLAIMS MADE 7 OCCUR MED EXP(Anyone person) $
PERSONAL&ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $
POLICY F7 PROJECT LOG
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO (Ea amident)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Peraccident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANYAUTO EAACC
$
GARAGE
THAN
AUTO ONLY AGG $
EXCESS LIABILRY EACH OCCURRENCE $
OCCUR L-1 CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND TAT
-
EMPLOYERS'LIABILITY 70RY LIMITS ER
EL EACH ACCIDENT $
EL DISEASE-EA EMPLOYEE $
EL DISEASE-POLICY LIMIT $
A OTHER
$2,000,000 EACH CLAIM
PROFESSIONAL 09550B110APL 7/12/11 7/12/12 $4,000,000 AGGREGATE
DESCRIPTION OF OPERATMWLOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Retroactive Date: 7/26/1988
CERTIFICATE HOLDER ADDITIONAL INSURED, INSURER LETTER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City OP Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 34_ DAYS WRITTEN
400 West GOWe NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Kent NA 98032 IMPOSE NO OBLIGATION OR LIABILITY OF KI D UPON THE INSURER,ITS AGENTS OR
REPR TATIVES..
nyoshitake@KentWa.gov AUTKUYJADREPRESENTATIV
ACORD 2"(7/97) 0 ACORD CORPORATION 1988
COMMERCIAL GENERAL LIABILITY
CG 76 35 02 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIABILITY PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Kent
ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following
CONTRACT, AGREEMENT OR PERMIT, OR additional provisions:
SCHEDULE
(a) This insurance does not apply to
The following paragraph is added to WHO IS AN any "occurrence"which takes place
—INSURED (Section il): _afteryouu cease to be a -tenant-in
any premises leased to or rented to
4. Any person or organization shown in the Sched- you;
ule or for whom you are required by written con- (b) This insurance does not apply to
tract, agreement or permit to provide insurance any structural alterations, new con-
is an insured, subject to the following additional struction or demolition operations
provisions: performed by or on behalf of the
a. The contract, agreement or permit must be person or organization added as an
in effect during the policy period shown in Insured;
the Declarations, and must have been exe- (2) Your ongoing operations for that in-
cuted prior to the "bodily injury", `property sured, whether the work is performed
damage", or "personal and advertising by you or for you;
injury".
person or organization added as an in- (3) The maintenance, operation or use by
b. The
you of equipment leased to you by such
sured by this endorsement is an insured only person or organization, subject to the
to the extent you are held liable due to: following additional provisions:
(1) The ownership, maintenance or use of (a) This insurance does not apply to
that part of premises you own, rent, any "occurrence"which takes place
after the equipment lease eXpires;
Includes Copyrighted Material of Insurance Services Office, Inc., with Its permission.
Copyright, Insurance Services, 2001
001 76 35 02 07 Page 1 of 4 EP
C_:l
(b) This insurance does not apply to This exclusion applies even if the claims
"bodily injury" or "property dam- against any insured allege negligence or
age" arising out of the sole negii- other wrongdoing In the supervision, hiring,
Bence of such person or employment, training or monitoring of others
organization; by that insured, if the "occurrence" which
caused the "bodily Injury" or "property
(4) Permits issued by any state or political damage" involved the ownership, mainte-
subdivision with respect to operations nance, use or entrustment to others of any
performed by you or on your behalf, aircraft, "auto" or watercraft that is owned
subject to the following additional pro- or operated by or rented or loaned to any in-
vision: sured.
This insurance does not apply to "bodily This exclusion does not apply to:
Injury", "property damage", or (1) A watercraft while ashore on premises
"personal and advertising injury" arising you own or rent;
out of operations performed for the state
or municipality. (2) A watercraft you do not own that is:
c. The insurance with respect to any architect, (a) Less than 52 feet long; and
engineer, or surveyor added as an insured (b) Not being used to carry persons or
by this endorsement does not apply to property for a charge;
'bodily injury", "property damage", or "per-
sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways
the rendering of or the failure to render any next to, premises you own or rent, pro-
professional services by or for you, includ- vided the "auto" is not owned by or
Ing: rented or loaned to you or the insured;
(1) The preparing, approving, or failing to (4) Liability assumed under any "insured
prepare or approve maps, drawings, contract for the ownership, mainte-
opinions, reports, surveys, change or- nance or use of aircraft or watercraft; or
ders, designs or specifications; and (5) "Bodily injury" or "property damage"
(2) Supervisory, inspection or engineering arising out of:
services. (a) the operation of machinery or
equipment that is attached to, or
d. This insurance does not apply "bodily PPY to Y part of, a land vehicle that would
injury" or "property damage" included within qualify under the definition of _
the "products-completed operations haz- "mobile equipment" if it were not
and". subject to a compulsory or financial
responsibility law or other motor ve-
A person's or organization's status as an insured un- hicle insurance law in the state
der this endorsement ends when your operations for where it is licensed or principally
that insured are completed. garaged; or
No coveragewill be provided if, in the absence of this (b) the operation of any of the machin-
P ery or equipment listed in Paragraph
endorsement, no liability would be imposed by law on f.(2) or f.(3) of the definition of
you. Coverage shall be limited to the extent of your "mobile equipment".
negligence or fault according to the applicable princi-
ples of comparative fault. (6) An aircraft you do not own provided it is
not operated by any insured.
NON-OWNED WATERCRAFT AND NON-OWNED TENANTS'PROPERTY DAMAGE LIABILITY
AIRCRAFT LIABILITY
Exclusion g. of COVERAGE A (Section 1) Is replaced When a Damage To Premises Rented To You Limit Is
by the following: shown in the Declarations, Exclusion j. of Coverage
A, Section i is replaced by the following:
g, "Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or J. Damage To Property
entrustment to others of any aircraft, "auto" "Property damage"to:
or watercraft owned or operated by or rented
or loaned to any insured. Use includes oper- (1) Property you own, rent, or occupy, including
ation and "loading or unloading". any costs or expenses incurred by you, or
Page 2 of 4
�_4
any other person, organization or entity, for WHO IS AN INSURED — MANAGERS
repair, replacement, enhancement, restora-
tion or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS
reason, Including prevention of injury to a AN INSURED (Section 11):
person or damage to another's property;
(2) Premises you sell, give away or abandon, if Paragraph (1) does not apply to executive officers, or
the "property damage" arises out of any part to managers at the supervisory level or above.
of those premises; SUPPLEMENTARY PAYMENTS — COVERAGES A
(3) Property loaned to you; AND B — BAIL BONDS — TIME OFF FROM
(4) Personal property in the care, custody or WORK
control of the insured;
Paragraph 1.b. of SUPPLEMENTARY PAYMENTS —
(5) That particular part of real property on which COVERAGES A AND B is replaced by the following:
you or any contractors or subcontractors
working directly or indirectly on your behalf b. Up to $3,000 for cost of bail bonds required
are performing operations, if the "property because of accidents or traffic law violations
damage" arises out of those operations, or arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies.
(6) That particular part of any property that must We do not have to furnish these bonds,
be restored, repaired or replaced because
"your work"was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS —
Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following:
not apply to "property damage" (other than d. All reasonable expenses incurred by the in-
damage by fire) to premises, including the con- sured at our request to assist us in the in-
tents of such premises, rented to you.A separate vestigation or defense of the claim or "suit",
limit of insurance applies to Damage To Prem- including actual loss of earnings up to $600
ises Rented To You as described In Section III a day because of time off from work.
—Limits Of Insurance.
Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE
the premises are "your work" and were never SERVICES
occupied, rented or held for rental by you.
Provision 2.a.(1)(d) of WHO IS AN INSURED (Section
Paragraphs (3), (4), (5) and (6) of this exclusion 11) is deleted, unless excluded by separate endorse-
do not apply to liability assumed under a side- ment.
track agreement.
Paragraph(6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED
"properly damage" Included in the "products- ORGANIZATIONS
completed operations hazard".
Provision 3.a. of WHO IS AN INSURED (Section II) is
Paragraph 6. of LIMITS OF INSURANCE (Section III) replaced by the following:
is replaced by the following: a. Coverage under this provision is afforded
6. Subject to 5. above, the Damage To Premises only until the end of the policy period.
Rented
To
A for
Limit
the most damages e will pay because uof EXTENDED "PROPERTY DAMAGE"
der
"property damage" to any one premises, while Exclusion a. of COVERAGE A (Section 1) is replaced
rented to you, or in the case of damage by fire,
while rented to you or temporarily occupied by by the following:
you with permission of the owner. a. "Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
The Damage To Premises Rented To You limit is the This exclusion does not apply to "bodily injury"
higher of the Each Occurrence Limit shown in the or "
Declarations or the amount shown in the Declarations property damage resulting from the use of
reasonable force to protect persons or properly.
as Damage To Premises Rented To You Limit.
CG 76 35 02 07 Page 3 of 4 EP
EXTENDED DEFINITION OF BODILY INJURY intertupted only by a street, roadway, waterway, or
right-of-way of a railroad.
Paragraph 3.of DEFINITIONS (Section V) is replaced
by the following: INCREASED MEDICAL EXPENSE LIMIT
3. "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to$10,000.
disease sustained by a person, including mental
anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE
anytime.
TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 2. Duties In The
Event Of Occurrence, Offense, Claim Or Suit of
COMMERCIAL GENERAL LIABILITY CONDITIONS
The following is added to Paragraph S. Transfer Of (Section IV):
Rights Of Recovery Against Others To Us of COM-
MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an `occurrence", claim or "suit" by
tion IV): your agent, servant or employee shall not in itself
constitute knowledge of the named insured unless an
We waive any rights of recovery we may have against officer of the named insured has received such notice
any person or organization because of payments we from the agent, servant or employee.
make for injury or damage arising out of your ongoing
operations or "your work"done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL
that person or organization and Included in the HAZARDS
"products-completed operations hazard". This waiver
applies only to a person or organization for whom you The following is added to Paragraph 6. Representa-
are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI-
to waive these rights of recovery. TIONS (Section IV):
AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex-
LOCATION isting at the inception date of your policy, we will not
deny coverage under this Coverage Form because of
- For all sums which the insured becomes legally obli- such failure. However, this provision does not affect
gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our
under COVERAGE A (Section 1), and for all medical right of cancellation or non-renewal.
expenses caused by accidents under COVERAGE C
(Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE
at a single Wocation":
The following paragraph is added to COMMERCIAL
Paragraphs 2.a. and 2.b. of Limits of Insurance(Sec- GENERAL LIABILITY CONDITIONS (Section IV):
tion ill) apply separately to each of your "locations"
owned by or rented to you. 10. If a revision to this Coverage Part, which would
provide more coverage with no additional pre-
"Location" means premises involving the same or mium, becomes effective during the policy period
connecting lots, or premises whose connection is in the state shown in the Declarations, your pol-
icy will automatically provide this additional cov-
erage on the effective date of the revision.
Page 4 of 4
gnu
» Insurance
COMMERCIAL LIABITY
e
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. or settlements under Coverages A or B
Read the entire policy carefully to determine rights, or medical expenses under Coverage
duties and what is and is not covered. C.
Throughout this policy the words "you" and `your" No other obligation or liability to pay sums
refer to the Named Insured shown in the Declarations, or perform acts or services is covered unless
and any other person or organization qualifying as a explicitly provided for under Supplementary
Named Insured under this policy The words "we", Payments — Coverages A and B.
"us" and "our" refer to the company providing this b. This insurance applies to "bodily injury" and
insurance, "property damage" only if
The word "insured" means any person or (1) The "bodily Injury" or "property
organization qualifying as such under Section II — damage 13 caused by an occurrence
Who Is An Insured that takes place in the "coverage
territory';
Other words and phrases that appear in quotation (2) The `bodily injury" or "property
marks have special meaning Refer to Section V — damage" occurs during the policy pe-
Definitions riod, and
SECTION t — COVERAGES (3) Prior to the policy period, no insured
listed under Paragraph 1, of Section II
COVERAGE A BODILY INJURY AND PROPERTY — Who Is An Insured and no
DAMAGE LIABILITY "employee" authorized by you to give
or receive notice of an "occurrence" or
1. Insuring Agreement. claim, knew that the "bodily injury" or
"property damage" had occurred, in
a. We will pay those sums that the insured be- whole or in part If such a listed insured
comes legally obligated to pay as damages or authorized "employee" knew, prior to
-- ---- -- because of `bodily injury" or- "property--- the policy period,that the "bodily injury" --
damage" to which this insurance applies or "property damage" occurred, then
We will have the right and duty to defend the any continuation, change or resumption
insured against any "suit" seeking those of such "bodily injury" or "property
damages However, we will have no duty to damage" during or after the policy pe-
defend the insured against any "suit" seek- riod will be deemed to have been known
ing damages for "bodily injury" or "property prior to the policy period.
damage" to which this insurance does not
apply. We may, at our discretion, investigate c. _"Bodily injury" or "property damage" which
any "occurrence" and settle any claim or occurs Juring the policy period and was not,
"suit" that may result But: prior the policy period, known to have oc-
curred by any insured listed under Paragraph
(1) The amount we will pay for damages is 1. of Section II — Who Is An Insured or any
limited as described in Section III — "employee" authorized by you to give or re-
Limits Of Insurance; and ceive notice of an "occurrence" or claim, in-
(2) Our right and duty to defend ends when cludes any continuation, change or
we have used up the applicable limit of resumption of that "bodily injury" or
insurance 1n the payment of judgments "property damage" after the end of the pol-
icy period
®ISO Properties, Inc, 2006
Safety and rie Saferw logo are registered trademarks of Safeoo Corporabon
CG 00 01 12 07 Page 1 of 17; i' EP
REPRINTED FROM THE FORMS LIBRARY
d. "Bodily injury" or "properly damage" will be also been assumed in the same
deemed to have been known to have oc- "insured contract"; and
curred at the earliest time when any insured (
listed under Paragraph 1. of Section II —
b) Such attorney fees and litigation ex-
Who Is An Insured or any "employee" au- penses are for defense of that party
thorized by you to give or receive notice of against a civil or alternative dispute
an "occurrence" or claim: resolution proceeding in which
damages to which this insurance
(1) Reports all, or any part, of the "bodily applies are alleged,
injury" or "property damage" to us or
any other insurer, c. Liquor Liability
(2) Receives a written or verbal demand or "Bodily injury" or "property damage" for
claim for damages because of the which any insured may be held liable by
"bodily injury" or "property damage"; reason of:
or (1) Causing or contributing to the intoxica-
(3) Becomes aware by any other means tion of any person;
that "bodily injury" or "property (2) The furnishing of alcoholic beverages to
damage" has occurred or has begun to a person under the legal drinking age
occur or under the influence of alcohol, or
e. Damages because of "bodily injury" include (3) Any statue, ordinance or regulation re-
damages claimed by any person or organ- lating to the sale, gift, distribution or use
ization for care, loss of services or death re- of alcoholic beverages
sulting at any time from the "bodily injury". This exclusion applies only if you are in the
2. Exclusions business of manufacturing, distributing, sell-
ing, serving or furnishing alcoholic bever-
This insurance does not apply to: ages.
a. Expected Or Intended Injury d. Workers' Compensation And Similar
"Bodily injury" or "property damage" ex- Laws
pected or intended from the standpoint of the Any obligation of the insured under a work-
insured. This exclusion does not apply to ers, compensation, disability benefits or un-
"boddy injury" resulting from the use of rea- employment compensation law or any similar
sonable force to protect persons or property law.
b. Contractual Liability e. Employer's Liability
"Bodily injury" or "property damage" for "Bodily Injury" to
which the insured is obligated to pay dam-
ages by reason of the assumption of liability (1) An "employee" of the insured arising
in a contract or agreement. This exclusion out of and in the course of:
does not apply to liability for damages. (a) Employment by the insured; or
(1) That the insured would have in the ab- (b) Performing duties related to the
sence of the contract or agreement; or conduct of the insured's business;
(2) Assumed in a contract or agreement or
that is an "insured contract", provided (2) The spouse, child, parent, brother or
the "bodily injury" or "property sister of that "employee" as a conse-
damage" occurs subsequent to the ex- quence of Paragraph (1) above
ecution of the contract or agreement.
Solely for the purposes of liability as- This exclusion applies whether the insured
sumed in an "insured contract", rea- may be liable as an employer or in any other
sonable attorney fees and necessary capacity and to any obligation to share dam-
litigation expenses incurred by or for a ages with or repay someone else who must
party other than an insured are deemed pay damages because of the injury
to be damages because of "bodily This exclusion does not apply to liability as-
injury" or "property damage", provided- sumed by the insured under an "insured
(a) Liability to such party for, or for the contract".
cost of, that parry's defense has
Page 2 of 17
'•'•REPRINTEDFROM THE FORMS LIBRARY'•"
f. Pollution (1) Any insured;or i
(1) "Bodily injury" or •property damage" (ii) Any person or organization for
arising out of the actual, alleged or whom you may be legally re-
threatened discharge, dispersal, seep- sponsible, or
age, migration, release or escape of
"pollutants": (d) At or from any premises, site or lo-
cation on which any insured or any
(a) At or from any premises, site or lo- contractors or subcontractors work-
cation which is or was at any time ing directly or Indirectly on any in-
owned or occupied by, or rented or sured's behalf are performing
loaned to, any Insured. However, operations if the "pollutants" are
this subparagraph does not apply to- brought on or to the premises, site
(1) "Bodily injury" if sustained or location in connection with such
within a building and caused by operations by such insured, con-
smoke, fumes, vapor or soot tractor or subcontractor However,
produced by or originating from this subparagraph does not apply to,
equipment that is used to heat, (1) "Bodily injury" or "property
cool or dehumidify the building, damage" arising out of the es-
or equipment that is used to cape of fuels, lubricants or other
heat water for personal use, by operating fluids which are
the building's occupants or their needed to perform the normal
guests, electrical, hydraulic or mechan-
(ii) `Bodily injury" or "property ical functions necessary for the
damage" for which you may be operation of mobile
held liable, if you are a contrac- equipment" or its parts, if such
for and the owner or lessee of fuels, lubricants or other oper-
such premises, site or location ating fluids escape from a vehi-
has been added to your policy cle part designed to hold, store
as an additional insured with re- or receive them This exception
spect to your ongoing open- does not apply if the bodily
ations performed for that injury" or "property damage"
additional insured at that prem- arises out of the intentional dis-
ises, site or location and such charge, dispersal or release of
--- premises, site or location is not the fuels, lubricants or other
and never was owned or occu- operating fluids, or if such fuels,
pied by, or rented or loaned to, lubricants or other operating flu-
any insured, other than that ad- ids are brought on or to the
ditional insured; or premises, site or location with
the intent that they be dis-
(iii) "Bodily injury" or "property charged, dispersed or released
damage" arising out of heat, as part of the operations being
smoke or fumes from a "hostile performed by such insured,
fire"; contractor or subcontractor,
(b) At or from any premises, site or lo- (ii) "Bodily injury" or "property
cation which is or was at any time damage" sustained within a
used by or for any insured or others building and caused by the re-
for the handling, storage, disposal, lease of gases,fumes or vapors
processing or treatment of waste, from materials brought into that
(c) Which are or were at any time budding in connection with op-
transported, handled, stored, erations being performed by
treated, disposed of, or processed you or on your behalf by a con-
as waste by or for tractor or subcontractor; or
i
I
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(iji) "Bodily injury" or °property aircraft, "auto" or watercraft that is owned
damage" arising out of heat, or operated by or rented or loaned to any in-
smoke or fumes from a "hostile sured.
fire". This exclusion does not apply to:
(e) At or from any premises, site or lo- (1) A watercraft while ashore on premises
cation on which any insured or any you own or rent;
contractors or subcontractors work-
ing directly or indirectly on any in- (2) A watercraft you do not own that is:
sured's behalf are performing (a) Less than 26 feet long, and
operations if the operations are to
test for, monitor, clean up, remove, (b) Not being used to carry persons or
contain, treat, detoxify or neutralize, property for a charge;
or in any way respond to, or assess (3) Parking an "auto" on, or on the ways
the effects of, "pollutants".
next to, premises you own or rent, pro-
(2) Any loss, cost or expense arising out of vided the "auto" is not owned by or
any: rented or loaned to you or the insured,
(a) Request, demand,order or statutory (4) Liability assumed under any "insured
or regulatory requirement that any contract" for the ownership, mainte-
insured or others test for, monitor, nance or use of aircraft or watercraft; or
clean up, remove, contain, treat, (5) "Bodily injury" or "property damage"
detoxify or neutralize, or in any way arising out of.
respond to, or assess the effects of,
"pollutants"; or (a) the operation of machinery or
(b) Claim or suit" by or on behalf of a equipment that is attached to, or
governmental authority for damages part of, a land vehicle that would
because of testing for, monitoring, qualityumobil under the definition of
cleaning up, removing, containing, mobile equipment if it were not
subject to a compulsory or financial
treating, detoxifying or neutralizing,
or in any way responding to, or as- hicleresponsibility law other motor
sessing the effects of, "pollutants" where
insurance law in the state
where it is licensed or principally
However, this paragraph does not apply garaged; or
_ to liability for damages because of (b) the operation of any of the machin-
"property damage" that the insured ery or equipment listed in Paragraph
would have in the absence of such re- f.(2) or f(3) of the definition of
quest, demand, order or statutory or re- "mobile equipment".
gulatory requirement, or such claim or
"suit" by or on behalf of a governmental h. Mobile Equipment
authority. "Bodily injury" or "property damage" arising
g. Aircraft,Auto Or Watercraft out of:
"Bodily injury" or "property damage" arising (1) The transportation of "mobile
out of the ownership, maintenance, use or equipment" by an "auto" owned or op-
enti ustment to others of any aircraft, "auto" erated by or rented or loaned to any in-
or watercraft owned or operated by or rented sured; or
or loaned to any Insured Use includes oper- (2) The use of "mobile equipment" in, or
ation and "loading or unloading" while in practice for, or while being pre-
This exclusion applies even if the claims pared for, any prearranged racing,
against any insured allege negligence or speed, demolition, or stunting activity.
other wrongdoing in the supervision, hiring, I. War
employment, training or monitoring of others
by that insured, if the "occurrence" which "Bodily injury" or "property damage", how-
caused the "bodily injury" or "property ever caused, arising, directly or indirectly,
damage" involved the ownership, mainte- out of
nance, use or entrustment to others of any (1) War, including undeclared or civil war;
Page 4 of 17
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(2) Warlike action by a military force, in- Paragraph (6) of this exclusion does not ap-
cluding action in hindering or defending ply to "property damage" included in the
against an actual or expected attack, by "products-completed operations hazard".
any government, sovereign or other au- k. Damage To Your Product
thority using military personnel or other
agents; or "Property damage"to `your product"arising
(3) Insurrection, rebellion, revolution, out of it or any part of it
usurped power, or action by govern- I. Damage To Your Work
mental authority in hindering or defend- "Property damage" to "your work" arising
ing against any of these. out of it or any part of It and included in the
J. Damage To Property "products-completed operations hazard".
"Property damage" to: This exclusion does not apply if the damaged
(1) Property you own, rent, or occupy, in- work or the work out of which the damage
cludmg any costs or expenses incurred arises was performed on your behalf by a
by you, or any other person, organiza- subcontractor.
ton or entity, for repair, replacement, m. Damage To Impaired Property Or Prop-
enhancement, restoration or mainte- erty Not Physically Injured
nance of such property for any reason, "property damage" to "impaired property"
including prevention of injury to a per- or property that has not been physically in-
son or damage to another's property;
jured, arising out of.
(2) Premises you sell, give away or aban-
don, if the "property damage" arises out (1) A defect, deficiency, inadequacy or
of any part of those premises; dangerous condition in "your product"
or "your work", or
(3) Property loaned to you; (2) A delay or failure by you or anyone act-
(4) Personal property in the care, custody ing on your behalf to perform a contract
or control of the insured; or agreement in accordance with its
(5) That particular part of real property on terms.
which you or any contractors or sub- This exclusion does not apply to the loss of
contractors working directly or indirectly use of other property arising out of sudden
on your behalf are performing oper- and accidental physical injury to "your
ations, d the "property damage" arises product" or your work" after it has been put
out of those operations; or to its intended use
(6) That particular part of any property that n. Recall Of Products, Work Or Impaired
must be restored, repaired or replaced Property
because "your work" was incorrectly Damages claimed for any loss, cost or ex-
performed on it pense incurred by you or others for the loss
Paragraphs (1), (3) and (4) of this exclusion of use, withdrawal, recall, inspection, repair,
do not apply to "property damage" (other replacement, adjustment, removal or dis-
than damage by fire) to premises, including posal of.
the contents of such premises, rented to you (1) "Your product";
for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to (2) "Your work"; or
Damage To Premises Rented To You as
described in Section III — Limits Of Insur-
ance if such product, work, or property is with-
Paragraph (2) of this exclusion does not ap- drawn or recalled from the market or from
ply it the premises are `your work" and were use by any person or organization because
never occupied, rented or held for rental by of a known or suspected defect, deficiency,
you inadequacy or dangerous condition in it.
Paragraphs (3), (4), (5) and(6) of this exclu- o. Personal And Advertising Injury
sion do not apply to liability assumed under "Bodily injury" arising out of "personal and
a sidetrack agreement. advertising injury".
CG 00 01 12 07 Page 6 of 17 EP
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p. Electronic Data settle any claim or "suit" that may result.
Damages arising out of the loss of, loss of But-
use of, damage to, corruption of, inability to (1) The amount we will pay for damages is
access, or inability to manipulate electronic limited as described in Section III —
data. Limits Of Insurance; and
As used in this exclusion, electronic data (2) Our right and duty to defend end when
means information, facts or programs stored we have used up the applicable limit of
as or on, created or used on, or transmitted insurance in the payment of judgments
to or from computer software, including sys- or settlements under Coverages A or B
tems and applications software, hard or or medical expenses under Coverage
floppy disks, CD-ROMS, tapes, drives, cells, C.
data processing devices or any other media No other obligation or liability to pay sums
which are used with electronically controlled or perform acts or services is covered unless
equipment. explicitly provided for under Supplementary
q. Distribution Of Material In Violation Of Payments — Coverages A and B.
Statutes b. This insurance applies to "personal and ad-
"Bodily Injury" or "property damage" arising vertising injury" caused by an offense arising
directly or indirectly out of any action or out of your business but only if the offense
omission that violates or is alleged to violate. was committed in the "coverage territory"
(1) The Telephone Consumer Protection during the policy period
Act (TCPA), Including any amendment 2. Exclusions
of or addition to such law, or
This insurance does not apply to:
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such a. Knowing Violation Of Rights Of Another
law;or Personal and advertising injury" caused by
(3) Any statute, ordinance or regulation, or at the direction of the insured with the
other than the TCPA or CAN-SPAM Act knowledge that the act would violate the
of 2003, that prohibits or limits the rights of another and would inflict "personal
sending, transmitting, communicating or and advertising injury".
distribution of material or information b. Material Published With Knowledge Of
Exclusions c. through n. do not apply to damage Falsity
by fire to premises while rented to you or tempo- "Personal and advertising injury" arising out
rarely occupied by you with permission of the of oral or written publication of material, if
owner A separate limit of insurance applies to done by or at the direction of the insured
this coverage as described in Section III — Lim- with knowledge of its falsity.
its Of Insurance. c. Material Published Prior To Policy Period
COVERAGE B PERSONAL AND ADVERTISING "Personal and advertising injury" arising out
INJURY LIABILITY of oral or written publication of material
1. Insurance Agreement whose first publication took place before the
beginning of the policy period
a. We will pay those sums that the insured be-
comes legally obligated to pay as damages d. Criminal Acts
because of "personal and advertising injury" "Personal and advertising injury" arising out
to which this insurance applies We will have of a criminal act committed by or at the di-
the right and duty to defend the Insured rection of the insured
against any "suit" seeking those damages.
However, we will have no duty to defend the e. Contractual Liability
Insured against any "suit" seeking damages `Personal and advertising Injury" for which
for 'personal and advertising Injury"to which the insured has assumed liability in a con-
this Insurance does not apply. We may, at tract or agreement This exclusion does not
our discretion, investigate any offense and apply to liability for damages that the Insured
would have in the absence of the contract
or agreement
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f. Breach Of Contract k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out °Personal and advertising injury" arising out
of a breach of contract, except an implied of an electronic chatroom or bulletin board
contract to use another's advertising idea in the insured hosts, owns, or over which the
your "advertisement" insured exercises control.
g. Quality Or Performance Of Goods — Fai- 1. Unauthorized Use Of Another's Name Or
lure To Conform To Statements Product
"Personal and advertising injury" arising out "Personal and advertising injury" arising out
of the failure of goods, products or services of the unauthorized use of another's name
to conform with any statement of quality or or product in your e-mail address, domain
performance made in your "advertisement" name or metatag, or any other similar tactics
h. Wrong Description Of Prices to mislead another's potential customers.
"Personal and advertising injury" arising out m. Pollution
of the wrong description of the price of "Personal and advertising injury" arising out
goods, products or services stated in your of the actual, alleged or threatened dis-
"advertisement". charge, dispersal, seepage, migration, re-
f. Infringement Of Copyright, Patent, lease or escape of "pollutants" at any time.
Trademark Or Trade Secret n. Pollution-Related
"Personal and advertising injury" arising out Any loss, cost or expense arising out of any:
of the infringement of copyright, patent, (1) Request, demand, order or statutory or
trademark, trade secret or other intellectual regulatory requirement that any insured
property rights. Under this exclusion, such or others test for, monitor, clean up, re-
other intellectual property rights do not in- move, contain, treat, detoxify or neutral-
clude the use of another's advertising idea in ize, or in any way respond to, or assess
your "advertisement". the effects of, "pollutants"; or
However, this exclusion does not apply to (2) Claim or suit by or on behalf of a gov-
infringement, in your "advertisement", of ernmental authority for damages be-
copyright, trade dress or slogan cause of testing for, monitonng,
j. Insureds In Media And Internet Type cleaning up, removing, containing,
_ Businesses treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
"Personal and advertising injury" committed
by an insured whose business is: effects of, "pollutants".
(1) Advertising, broadcasting, publishing or o. War
telecasting; "Personal and advertising injury", however
(2) Designing or determining content of caused, arising, directly or Indirectly, out of.
websites for others; or (1) War, including undeclared or civil war;
(3) An Internet search, access, content or (2) Warlike action by a military force, in-
service provider. cluding action in hindering or defending 1
against an actual or expected attack, by
However, this exclusion does not apply to
au-
Paragraphs 14.a., b, and c. of "personal and any government sovereign or other
advertising injury" under the Definitions agents;ts; or
using military personnel or other
Section.
ag '
For the purposes of this exclusion, the plac- (3) Insurrection, rebellion, revolution,
usurped
of frames, borders or links, or advertis- usurped power, or action taken by gov-
ing, for you or others anywhere on the fending al against
a authority f hindering or de q
Internet, is not by itself, considered the busi—
ness of advertising, broadcasting, publishing
or telecasting.
Ca 00 01 12 07 Page 7 of 17 EP
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p. Distribution Of Material In Violation Of 2. Exclusions
Statutes We will not pay expenses for `bodily injury":
"Personal and advertising injury" arising di- a. Any Insured
rectly or indirectly out of any action or omis-
sion that violates or is alleged to violate, To any insured, except "volunteer workers".
(1) The Telephone Consumer Protection b. Hired Person
Act (TCPA), including any amendment To a person hired to do work for or on behalf
of or addition to such law, or of any insured or a tenant of any insured
(2) The CAN-SPAM Act of 2003, including c. Injury On Normally Occupied Premises
any amendment of or addition to such
law, or To a person injured on that part of premises
(3) Any statute, ordinance or regulation, you own or rent that the person normally oc-
other than the TCPA or CAN-SPAM Act cupies
of 2003, that prohibits or limits the d. Workers Compensation And Similar Laws
sending, transmitting, communicating or To a person, whether or not an "employee"
distribution of material or information. of any insured, if benefits for the "bodily
COVERAGE C MEDICAL PAYMENTS injury" are payable or must be provided un-
der a workers' compensation or disability
1. Insuring Agreement benefits laws or a similar law
a. We will pay medical expenses as described e. Athletics Activities
below for "bodily injury" caused by an acci- To a person injured while practicing, In-
dent structing or participating in any physical ex-
(1) On premises you own or rent; ercises or games, sports, or athletic tests
(2) On ways next to premises you own or f. Products-Completed Operations Hazard
rent; or Included within the "products-completed op-
(3) Because of your operations; erations hazard"
provided that. g. Coverage A Exclusions
(a) The accident takes place in the Excluded Under Coverage A.
-- "coverage territory" and during the -
policy period; SUPPLEMENTARY PAYMENTS — COVERAGES A
AND B
(b) The expenses are incurred and re-
ported to us within one year of the 1. We will pay, with respect to any claim we inves-
date of the accident; and tigate or settle, or any "suit" against an insured
(c) The injured person submits to ex- we defend:
amination, at our expense, by phy- a. All expenses we incur.
sicians of our choice as often as we b. Up to $250 for cost of bail bonds required
reasonably require, because of accidents or traffic law violations
b. We will make these payments regardless of arising out of the use of any vehicle to which
fault. These payments will not exceed the the Bodily Injury Liability Coverage applies
applicable limit of insurance We will pay We do not have to furnish these bonds.
reasonable expenses for: c. The cost of bonds to release attachments,
(1) First aid administered at the time of an but only for bond amounts within the appli-
accident; cable limit of insurance We do not have to
(2) Necessary medical, surgical, x-ray and furnish these bonds.
dental services, including prosthetic de- d. All reasonable expenses incurred by the in-
vices; and sured at our request to assist us in the in-
(3) Necessary ambulance, hospital, profes- vestigation or defense of the claim or "suit",
sional nursing and funeral services, including actual loss of earnings up to $250
a day because of time off from work.
Page 8 of 17
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e. All court costs taxed against the insured in (c) Notify any other insurer whose cov-
the "suit" However, these payments do not erage is available to the indemnitee,
include attorneys' fees or attorneys' ex- and
penses taxed against the insured. (d) Cooperate with us with respect to
f. Prejudgment interest awarded against the coordinating other applicable insur-
insured on that part of the judgment we pay ance available to the indemnitee;
If we make an offer to pay the applicable limit and
of insurance, we will not pay any prejudg-
ment interest based on that period of time (2) Provides us with written authorization to:
after the offer (a) Obtain records and other informa-
9. All interest on the full amount of any judg- tion related to the "suit", and
ment that accrues after entry of the judgment (b) Conduct and control the defense of
and before we have paid, offered to pay, or the indemnitee in such "suit".
deposited in court the part of the judgment So long as the above conditions are met, attor-
that is within the applicable limit of Insurance. neys' fees incurred by us in the defense of that
These payments will not reduce the limits of in- indemnitee, necessary litigation expenses in-
surance curred by us and necessary litigation expenses
against a "suit" and an incurred by the indemnitee at our request will be
2. If we defend an Insured a
9 paid as Supplementary Payments Notwith-
mdemnitee of the insured is also named as a standing the provisions of Paragraph 2.b.(2) of
party to the "suit", we will defend that indemnitee Section I — Coverage A — Bodily Injury and
if all of the following conditions are met: Property Damage Liability, such payments will
a. The "suit" against the indemnitee seeks not be deemed to be damages for "bodily injury"
damages for which the insured has assumed and "property damage" and will not reduce the
the liability of the indemnitee in a contract or limits of insurance
agreement that is an "insured contract", Our obligation to defend an insured's indemnitee
b. This insurance applies to such liability as- and to pay for attorney's fees and necessary liti-
sumed by the insured, gation expenses as Supplementary Payments
ends when we have used up the applicable limit
c. The obligation to defend, or the cost of the of insurance in the payment of judgments or set-
defense of, that indemnitee, has also been tlements, or the conditions set forth above,or the
assumed by the insured in the same terms of the agreement described in Paragraph
—--- "insured contract"; f. above, are no longer met.
d. The allegations in the "suit" and the infor-
mation we know about the "occurrence" are SECTION II — WHO IS AN INSURED
such that no conflict appears to exist be- 1. If you are designated in the Declarations as:
tween the interests of the insured and the
interests of the indemnitee, a. An individual, you and your spouse are in-
e. The indemnitee, and the insured ask us to sureds, but only with respect to the conduct
conduct and control the defense of that in- of a business of which you are the sole
demnitee against such "suit" and agree that owner.
we can assign the same counsel to defend b. A partnership or joint venture, you are an in-
the insured and the indemnitee; and sured. Your members, your partners, and
f. The indemnitee: their spouses are also insureds, but only with
respect to the conduct of your business.
(1) Agrees 1n writing to: c. A limited liability company, you are an in-
(a) Cooperate with us in the Investi- sured Your members are also insureds, but
gation, settlement or defense of the only with respect to the conduct of your
"suit", business Your managers are insureds, but
(b) Immediately send us copies of any only with respect to their duties as your
demands, notices, summonses or managers
legal papers received in connection d. An organization other than a partnership,
with the "suit"; joint venture or limited liability company, you
are an insured. Your "executive officers"and
directors are insureds, but only with respect
CG 00 01 12 07 Page 9 of 17 EP
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to their duties as your officers or directors. you, any of your "employees",
Your stockholders are also Insureds, but only "volunteer workers", any partner or
with respect to their liability as stockholders. member (if you are a partnership or joint
venture), or any member (if you are a
e. A trust, you are an Insured Your trustees are
also insureds, but only with respect to their limited liability company)
duties as trustees. b. Any person (other than your "employee" or
"volunteer worker"), or any organization
2. Each of the following Is also an insured: while acting as your real estate manager,
a. Your 'volunteer workers" only while per- c. Any person or organization having proper
forming duties related to the conduct of your temporary custody of your property if you
business, or your "employees", other than die, but only
either your "executive officers" (if you are
an organization other than a partnership,joint (1) With respect to liability arising out of the
venture or limited liability company) or your maintenance or use of that property,
managers (if you are a limited liability com- and
pany), but only for acts within the scope of (2) Until your legal representative has been
their employment by you or while performing appointed
duties related to the conduct of your busi-
ness However, none of these "employees" d. Your legal representative if you die, but only
or "volunteer workers" are insureds for: with respect to duties as such That repre-
sentative will have all your rights and duties
(1) "Bodily injury" or "personal advertising under this Coverage Part
injury"
(a) To you, to your partners or mein- 3. Any organization you newly acquire or form,
bets (if you area partnership or joint other than a partnership, joint venture or limited
venture), to your members or(if you liability company, and over which you maintain
are a limited liability company), to a ownership or majority interest, will qualify as a
are a limited
liability
while in the course Named Insured if there is no other similar insur-
of his or her employment or ance available to that organization However-
of
duties related to the a. Coverage under this provision is afforded
conduct of your business, or to your only until the 90th day after you acquire or
other "volunteer workers" while form the organization or the end of the policy
performing duties related to the period, whichever is earlier;
_— conduct of-your business; b, Coverage A does not apply to "bodily injury" -
(b) To the spouse, child, parent, or "property damage" that occurred before
brother or sister of that co- you acquired or formed the organization,and
"employee" or `volunteer worker" c. Coverage B does not apply to "personal and
as a consequence of Paragraph advertising injury" arising out of an offense
(1)(a) above, committed before you acquired or formed
(c) For which there is any obligation to the organization
share damages with or repay
someone else who must pay dam- No person or organization is an insured with respect
ages because of the injury de- to the conduct of any current or past partnership,joint
scribed in Paragraphs (1)(a) or (b) venture or limited liability company that is not shown
above; or as a Named Insured in the Declarations
(d) Arising out of his or her providing SECTION III — LIMITS OF INSURANCE
or failing to provide professional
health care services. 1. The Limits of Insurance shown in the Declara-
(2) "Property damage" to property: tions and the rules below fix the most we will pay
regardless of the number of.
(a) Owned, occupied or used by,
a. Insureds,
(b) Rented to, in the care, custody or
control of, or over which physical b. Claims made or "suits" brought; or
control is being exercised for any c. Persons or organizations making claims or
purpose by bringing "suits".
Page 10 of 17
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2. The General Aggregate Limit is the most we will �SFECTION' IVY'— COMMERCIAL GENERAL LIABIL-
pay for the sum of, ITY CONDITIONS
a. Medical expenses under Coverage C; 1. Bankruptcy
b. Damages under Coverage A, except dam- Bankruptcy or insolvency of the insured or of the
ages because of "bodily injury" or °property insured's estate will not relieve us of our obli-
damage" included in the "products- gations under this Coverage Part.
completed operations hazard"; and
c. Damages under Coverage B. 2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
3. The Products-Completed Operations Aggregate a. You must see to it that we are notified as
Limit is the most we will pay under Coverage A soon as practicable of an "occurrence" or
for damages because of "bodily injury" and an offense which may result in a claim To
"property damage" included in the "products- the extent possible, notice should include.
completed operations hazard"
(1) How, when and where the "occurrence"
4. Subject to Paragraph 2. above, the Personal and or offense took place,
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages (2) The names and addresses of any in
because of all "personal and advertising injury" jured persons and witnesses; and
sustained by any one person or organization. (3) The nature and location of any injury or
Subject to Paragraph 2. or 3. above, whichever damage arising out of the "occurrence"
5. Sub
1 9 P or offense,
applies, the Each Occurrence Limit is the most
we will pay for the sum of: b. If a claim is made or "suit" is brought against
a. Damages under Coverage A;and any insured, you must:
(1) Immediately record the specifics of the
b. Medical expenses under Coverage C claim or "suit" and the date received;
because of all "bodily injury" and "property and
damage" arising out of any one "occurrence". (2) Notify us as soon as practicable.
B. Subject to Paragraph 5. above, the Damage To You must see to it that we receive written
Premises Rented To You Limit is the most we notice of the claim or "suit" as soon as
will pay under Coverage A for damages because practicable.
-- of "property damage" to any one premises,while
rented to you, or in the case of damage by fire, c. You and any other involved insured must:
while rented to you or temporarily occupied by (1) Immediately send us copies of any de-
you with permission of the owner. mands, notices, summonses or legal
Subject to Paragraph 5. above, the Medical Ex- papers received in connection with the
7. Sub
1 g P claim or "suit";
pense Limit Is the most we will pay under Cover-
age C for all medical expenses because of (2) Authorize us to obtain records and other
"bodily injury" sustained by any one person. information;
(3) Cooperate with us in the investigation
The Limits of Insurance of this Coverage Part apply or settlement of the claim or defense i
separately to each consecutive annual period and to against the "suit", and
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the (4) Assist us, upon our request, in the en-
Declarations, unless the policy period is extended af- forcement of any right against any per-
ter issuance for an additional period of less than 12 son or organization which may be liable
months. In that case, the additional period will be to the insured because of injury or
deemed part of the last preceding period for purposes damage to which this insurance may
of determining the Limits of Insurance. also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent
ce 00 01 12 D7 Page 11 of 17 EP
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3. Legal Action Against Us (Iv) If the loss arises out of the
maintenance or use of aircraft,
No person or organization has a right under this "autos" or watercraft to the ex-
Coverage part tent not subject to Exclusion g.
a. To loin us as a party or otherwise bring us of Section I — Coverage A —
into a "suit" asking for damages from an in- Bodily Injury And Property
sured; or Damage Liability
b. To sue us on this Coverage Part unless all (b) Any other primary insurance avail-
of its items have been fully complied with able to you covering liability for
damages arising out of the premises
A person or organization may sue us to recover
or operations,
on an agreed settlement or on a final judgment
against an insured; but we will not be Nable for completed operations,for which you
the products and
have been added as an additional
damages that are not payable under the termsinsured by
of this Coverage Part or that are in excess of the dorsement attachment of an en-
applicable limit of insurance. An agreed settle-
ment means a settlement and release of liability (2) When this insurance is excess, we will
signed by us, the insured and the claimant or the have no duty under Coverages A or B
claimant's legal representative. to defend the insured against any "suit"
if any other insurer has a duty to defend
4. Other Insurance the insured against that "suit". If no
If other valid and collectible insurance Is available other insurer defends, we will undertake
to the insured for a loss we cover under Cover- to do so, but we will be entitled to the
ages A and B of this Coverage Part, our obli- insured's rights against all those other
gabons are limited as follows insurers.
a. Primary Insurance (3) When this insurance is excess over
other insurance, we will pay only our
This insurance is primary except when Para- share of the amount of the loss, if any,
graph b, below applies If this insurance is that exceeds the sum of
primary, our obligations are not affected un- (a) The total amount that all such other
less any of the other insurance is also pri- insurance would pay for the loss in
mary. Then, we will share with all that other the absence of this insurance; and
insurance by the method described in Para-
graph c. below. (b) The total of all deductible and self-
b. Excess Insurance insured amounts under all that other
insurance.
(1) This insurance is excess over: (4) We will share the remaining loss, if any,
(a) Any of the other insurance, whether with any other insurance that is not de-
primary, excess, contingent or on scribed in this Excess Insurance pro-
any other basis: vision and was not bought specifically to
(I) That is Fire, Extended Cover- apply in excess of the Limits of Insur-
age, Builder's Risk, Installation ance shown in the Declarations of this
Risk or similar coverage for Coverage Part.
"your work"; c. Method Of Sharing
(11). That is Fire insurance for prem- If all of the other insurance permits contnb-
ises rented to you or temporarily ution by equal shares, we will follow this
occupied by you with permis- method also. Under this approach each in-
sion of the owner, surer contributes equal amounts until it has
(111) That is insurance purchased by paid its applicable limit of insurance or none
you to cover your liability as a of the loss remains, whichever comes first.
tenant for "property damage"to If any of the other insurance does not permit
premises rented to you or tem- contribution by equal shares, we will contrib-
porarfly occupied by you with ute by limits. Under this method, each insur-
permission of the owner; or er's share is based on the ratio of its
applicable limit of insurance to the total ap-
plicable limits of insurance of all insurers
pages 12'of 17"
i f
""REPRINTED FROM THE FORMS LIBRARY"^
5. Premium Audit 9. When We Do Not Renew
a. We will compute all premiums for this Cov- If we decide not to renew this Coverage Part, we
erage Part in accordance with our rules and will mail or deliver to the first Named Insured
rates shown in the Declarations written notice of the
b. Premium shown in this Coverage Part as nonrenewal not less than 30 days before the ex-
advance premium is a deposit premium only. piration date.
At the close of each audit period we will If notice is mailed, proof of mailing will be suffi-
compute the earned premium for that period cient proof of notice.
and send notice to the first Named Insured.
The due date for audit and retrospective SECTION V — DEFINITIONS
premiums is the date shown as the due date
on the bill If the sum of the advance and 1. "Advertisement" means a notice that is broad-
audit premiums paid for the policy period is cast or published to the general public or specific
greater than the earned premium, we will re- market segments about your goods, products or
turn the excess to the first Named Insured. services for the purpose of attracting customers
c. The first Named Insured must keep records or supporters For the purposes of this definition:
of the information we need for premium a. Notices that are published include material
computation, and send us copies at such placed on the Internet or on similar electronic
times as we may request. means of communication, and
6. Representations b. Regarding web-sites, only that part of a
web-site that is about your goods, products
By accepting this policy, you agree: or services for the purposes of attracting
a. The statements in the Declarations are ac- customers or supporters is considered an
curate and complete;
advertisement.
b. Those statements are based upon represen- 2' "Auto" means:
tations you made to us; and a. A land motor vehicle, trailer or semitrailer
c. We have issued this policy in reliance upon designed for travel on public roads, including
your representations. any attached machinery or equipment; or
7. Separation Of Insured b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
Except with respect to the Limits of Insurance, other motor behicle insurance law in the
and any rights or duties specifically assigned in state where it is licensed or principally ga-
this Coverage Part fo the first Named Insured, raged.
this insurance applies
However, "auto" does not include "mobile
a. As if each Named Insured were the only equipment"
Named Insured, and
3. "Bodily injury" means bodily injury, sickness or
b. Separately to each insured against whom disease sustained by a person, including death
claim is made or "suit" is brought. resulting from any of these at any time
8. Transfer Of Rights Of Recovery Against Oth- 4. "Coverage territory" means•
ers To Us
If the insured has rights to recover all or art of a. The United States of America (including its
9 P territories and possessions), Puerto Rico and
any payment we have made under this Coverage Canada;
Part, those rights are transferred to us, The in-
sured must do nothing after loss to impair them. b. International waters or airspace, but only if
At our request, the insured will bring "suit" or the injury or damage occurs in the course of
transfer those rights to us and help us enforce travel or transportation between any places
them included in Paragraph a. above; or
CG QO 01 12 07 Page 13 of 17 EP
""REPRINTED FROM THE FORMS LIBRARY'-
c. All other parts of the world if the injury or c. Any easement or license agreement, except
damage arises out of in connection with construction or demolition
(1) Goods or products made or sold by you operations on or within 50 feet of a railroad;
in the territory described in Paragraph d. An obligation, as required by ordinance, to
a, above, indemnify a municipality, except in con-
(2) The activities of a person whose home nection with work for a municipality;
is in the territory described in Paragraph e. An elevator maintenance agreement;
a. above, but is away for a short time f. That part of any other contract or agreement
on your business; or pertaining to your business (including an in-
(3) "Personal and advertising injury" of- demnification of a municipality in connection
fenses that take place through the In- with work performed for a municipality)under
ternet or similar electronic means of which you assume the tort liability of another
communication party to pay for "bodily injury" or "property
provided the insured's responsibility to pay dam- damage" to a third person or organization
ages is determined in a "suit" on the merits, in Tort liability means a liability that would be
the territory described in Paragraph a. above or imposed by law in the absence of any con-
in a settlement we agree to. tract or agreement.
Paragraph f.does not include that part of any
S. "Employee" includes a "leased worker". contract or agreement.
"Employee" does not include a "temporary
worker". (1) That indemnifies a railroad for 'bodily
injury" or "property damage" arising out
6. "Executive officer" means a person holding any of construction or demolition operations,
of the officer positions created by your charter, within 50 feet of any railroad property
constitution, by-laws or any other similar govern- and affecting any railroad bridge or
ing document trestle, tracks, roadbeds, tunnel, under-
pass or crossing;
7. "Hostile fire" means one which becomes uncon-
trollable or breaks out from where it was intended (2) That indemnifies an architect, engineer
to be, or Surveyor for injury or damage arising
out of.
8. "Impaired property" means tangible property, (a) Preparing, approving, or failing to
other than "your product" or "your work", that prepare or approve, maps, shop
--- cannot be used or is less useful because- drawings, opinions, reports, sur-
a. It incorporates "your product" or "your veys, field orders, change orders or
work" that is known or thought to be defec- drawings and specifications; or
tive, deficient, inadequate or dangerous, or (b) Giving directions or instructions, or
b. You have failed to fulfill the terms of a con- failing to give them, if that is the
tract or agreement; primary cause of the injury or dam-
if such property can be restored to use by the age; or
repair, replacement, adjustment or removal of (3) Under which the insured, if an architect,
"your product" or "your work" or your fulfilling engineer or surveyor, assumes liability
the terms of the contract or agreement. for an Injury or damage arising out of the
insured's rendering or failure to render
9. "Insured contract" means: professional services, including those
a. A contract for a lease of premises. However, listed In (2) above and supervisory, in-
that portion of the contract for a lease of spection, architectural or engineering
premises that indemnifies any person or or- activities
ganization for damage by fire to premises 10. "Leased worker" means a person leased to you
while rented to you or temporarily occupied by a labor leasing firm under an agreement be-
by you with permission of the owner is not tween you and the labor leasing firm, to perform
an "insured contract"; duties related to the conduct of your business.
b. A sidetrack agreement; "Leased worker" does not include a "temporary
worker".
Page 14 of 17
p+
4
REQUEST FOR MAYOR'S SIGNATURE
• Please Fill in All Applicable Boxes
KENT
W AS HIN GTON This farm must he printed on cherry paper
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator Merrill Vesper Phone (Originator) 5517
Date Sent- 4/r8/>Q Date Required
Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12
VENDOR NAME: FCS Group DATE OF COUNCIL APPROVAL: 4/17/12
Brief Explanation of Document.
The attached contract is for the FCS to perform a sanitary sewer utility rate study For additional information, please
see the attached prepared by Ken Langholz
All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department)
Received �j, ���,�A
Approval of Law Dept.: RECEIVED 14 �i
18 2012
Law Dept Comments APR
KENT LAW DIEPT.
Date Forwarded to Mayor
Shaded Areas to Be Completed by Administration Staff
Received L I
I,
,r F. 4 2012 I
Recommendations & Comments: CITT OF i,'i 'T
CI-Y CLERts
Disposition. /? 2—
Date Returned:
Iage5870_templatebase 2/07
i