HomeMy WebLinkAboutPW12-119 - Original - Rittenhouse Consulting - Kentview Sewer Interceptor Negotiation Services - 05/25/2012 4I
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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: Rittenhouse Consulting
Vendor Number:
JD Edwards Number Contract Number: jPW q ka- t 1 1
This Is assigned by City Clerk's Office
Project Name: Kentview Sewer Interceptor
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: Date of the Mayor's signatureTermination Date: 12/31/12
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Ken Langholz Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Provide ne4otiation services for the ac ulsltlon of nig-of-way for the project.
S Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
K E N T 1'
WTS I..TON
i
PROFESSIONAL SERVICES AGREEMENT
between the City of Kent and
Rittenhouse Consulting
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Rittenhouse Consulting organized under the laws of the State of Washington,
located and doing business at 6229 121" Ave. SE, Bellevue, WA 98006, Phone: (206) 714-0826/Fax:
(425) 641-4091, Contact: Anne Rittenhouse (hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
The Contractor shall provide negotiation services for the acquisition of right-
of-way for the Kentview Sewer Interceptor Project. For a description, see the
Contractor's March 30, 2012 Scope of Work which is attached as Exhibit A and
incorporated by this reference.
Contractor further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement, and Contractor shall complete the
work by December 31, 2012.
III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Twenty One
Thousand Dollars ($21,000.00) for the services described in this Agreement. The Contractor shall invoice
the City monthly based on time and materials incurred during the preceding month. The hourly rates
charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit A. All
hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Contractor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Contractor maintains and pays for its own place of business from which
Contractor's services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Contractor's services, or the Contractor is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
PROFESSIONAL SERVICES AGREEMENT - 1
(over$S 0,000)
E. The Contractor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Contractor's
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Contractor maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party seven (7) calendar days written notice at its address set forth on the signature
block of this Agreement.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the
Contractor or subcontractor shall not discriminate against any person who is qualified and available to
perform the work to which the employment relates as provided for by the City of Kent's Equal
Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the
contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive
the expiration or termination of this Agreement.
In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then
Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful
refusal on the Contractor's part.
VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal,
state, and municipal laws, rules, and regulations that are now effective or in the future become applicable
to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those services. All work shall be done at Contractor's own risk, and
Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held
for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
PROFESSIONAL SERVICES AGREEMENT - 2
(Over$10,000)
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. Should any language in any of the exhibits to this
Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall
prevail.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below.
CONTRACTOR: CITY OF KENT:
By B� C��
/
(signa e) Y.
Print Name: (signature)
Its: C)U�)V\ e r Print_Na uzette Cooke
(title) ItsMayor
DATE: (3 DATE: S 4)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Anne Rittenhouse Timothy J. LaPorte, P.E.
Rittenhouse Consulting City of Kent
6229 1215t Ave. SE 220 Fourth Avenue South
Bellevue, WA 98006 Kent, WA 98032
(206) 714-0826 (telephone) (253) 856-5500 (telephone)
(425) 641-4091 (facsimile) (253) 856-6500 (facsimile)
PROFESSIONAL SERVICES AGREEMENT - 3
(Over$10,000)
APPRO ED AST FORM:
I
Kent Law Department
PROFESSIONAL SERVICES AGREEMENT - 4
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 20��
By:
For: � � �g
Title:
S
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of Rittenhouse Consulting Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the
Agreement known as Kentyiew Sewer Interceptor that was entered into on the May 25,
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.
M1�
Dated this day ofo,�va�. , 2013 .
For: e C6x\S\A�' , �
Title:
Date: \ a
EEO COMPLIANCE DOCUMENTS - 1
EXHIBIT A
tenhouseConsulting�t
Right-of-Way,Relocation and Real Estate Services
March 30,2012
Ingrid Willms-Dixon,Project Analyst
Public Works Department
220 Fourth Avenue South
Kent, WA 98032
RE: Kentview Sewer Interceptor
Dear Ingrid:
Thank you for allowing me to submit a proposal on the above-referenced project, as
communicated to me by your email today. Please accept this letter as a Consulting
Proposal/Scope of Work as follows:
PROPOSAL/SCOPE OF WORK
This Proposal/Scope of Work is for Profession Negotiation for the acquisition of right-of-way
needed for the following identified parcels:
1. 753301-0010—20ft permanent Utility easement,together with additional 20 feet, 10 feet
each side, for temporary construction easement.
2. 755301-0020 -20ft permanent Utility easement,together with additional 20 feet, 10 feet
each side, for temporary construction easement.
3. 102204-9062 -20ft permanent Utility easement,together with additional 20 feet, 10 feet
each side, for temporary construction easement.
4. 102204-9198 - 15ft temporary construction easement.
5. 102204-9199- 15ft temporary construction easement.
6. 102204-9015 - 15ft temporary construction easement.
It is estimated that this work will be approximately$5,000 per for parcels 1-3,and$2,000
per for parcel 4-6,for a total of$21,000,and will be billed at the rate of$85 per hour.
6229 121"Avenue SE♦Bellevue, WA ♦98006-4422
Office 206-714-0826♦Fax 425-641-4091♦Ritls(r)comcastiiet
w w rv.R111Con sultinz,com
The City will provide,where applicable,the negotiation packages,including most recent
engineering/utility/design plans,title reports and appraisals at the beginning of the project,and
will provide any changes to plans, supplemental title reports,etc.,throughout the project. The
City will also provide approved and completed documents(i.e.deeds, utility/easements,legal
descriptions,permits,etc.)for negotiator packets. Excise Tax Affidavits,where applicable,and
vendor forms will be completed by Rittenhouse Consulting. The City will arrange appraisal
schedules so that the negotiator agent can be present.
Additional standard charges such as mileage and customary reimbursements (copies,long
distance phone calls, etc.),if any,will be billed at actual cost.
MISSION STATEMENT
Rittenhouse Consulting will represent the City of Kent professionally and ethically at all times,
and treat property owners with respect.
If you require anything further from me,please do not hesitate to contact me.
Sincerely,
Anne Rittenhouse, SR/WA,R/W-RAC,R/W-NAC
Owner,Rittenhouse Consulting
i
6229121'Avenue SE♦Bellevue, WA 98006-4422
Offlee 206-914-0826♦Fax 425-641-4091 RitJs a nnrcus�net
www.ketrCon suU+ng.cane i
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01. 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.
EXHIBIT B (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 A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the 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.
07/11/2011 16:17 4259171315 HUMBLE & DAVENPORT PAGE 01/01 j
ACORD, CERTIFICATE OF LIABILITY INSURANCE DATB(MMIDDNYYY)
07/11/2011
HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
IR
ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
EPRESENTATIVEE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(Ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NANNTACT
Humble & Davenport Insurance Brokers, Inc. PHONE o E t: PHONE 425.226.8221 vrc Mal!425.2S5.9342
3500 Maple Valley Highway n RINEss: ,
Renton, WA 99058 R OUCER
CQ$LtOMER ID ft
_INSURER(S)AFFORDING COVERAGE NATO U
INSURED INSURERA: Maryland Casualty Insurance CD.`
Rittenhouse Consulting INSURERS: Darwin Select Insurance Co.
6229 121st Avenue SE INSURER C: -
Bellevue, WA 98006-4422 INSURERD: - ^
INSURER E; -
INSURER F:
COVERAGES CERTIFICATE NUMBER:CL/AU/SG REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVP BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN Is SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _
LTR TYPE OF INSURANCE INSR WVD POLICYNUMBER MMIDDNYY MMIDDfYYYY1 LIMITS
PENERAL LIABILITY PAS000140675 0911612011 0911612012 EACH OCCURRENCE $ 1,0001000
X COMMERCIAL GENERAL LIABILITY ED
-PB DAMAGE TO EW IEMISE9i.Eib 5 1,000,000
_ CLAIMS-MADC OCCUR MED EXP(Any one person) S -10,000
A PER80NAL&ADV INJURY $
_ GENERAI,AGGREGATE $ 2,000,006
_GEN2 AGGREGATC LIMIT APPLIES PER, PRODUCTS-COMPIOPAGG $ 2,000,000
X POLICY JECT PRO- LOC 1
AUTOMOBILE LIABILITY PAS00014067 09/16/2011 09/16/2012 COMBINEb SINGLE-LIMIT S
ANY AUTO (En Accident) 1,000,000
BODILY INJURY(Per PM-.on) S
ALL OWNED AUTOS BODILY INJURY(Per eeclaent) $
A SCHEDULED AUTOS PROPERTYDAMAGE 3
X HIRED AUTOS (Per aecident)
X NON-OWNED AUTOS 5
UMBRELLA LIAR OCCUR EAC14 OCCURRENCE $
EXCESS LIAM CLAIMS•MADE AGGRECATF, • $T�
DEDUCTIBLE _ $
RETENTION a a
AND EMPLOY ERS'LIABILny YIN PA$000140675 09/1612011 09116/2012 wRyTLINirc X oEl-
(t ONFICEOPRIF BER/EXCLUDE�7 ECUTNG� N t A WA STOP GA E L EACH ACCIDENT ry S 1,GOO,OOO
(Mandatory In NHI E L DISEASE-9 A EMPLOYEE $ 1,000,00C
If ss,deaCHbe under —'
DSCRIPTIONOFOPERATIONSbelow F•,L DISEASE-POLICY OMIT 5 11000,00
0
3 Professional Liability 0305398 03/12/2011 03/12/2012 $1M Occurrence
$iM Aggregate
ESCRIPTIO onsu OF OPERATIONS I LOCAT ON$I VEHICLES (AHach ACORD 101,Addltlonal Remarks Schedule,](mono npgee le raqulrnd)
rit of Way cItTn
:rtificate holder included as an additional insured with respects to the work performed by the
Imed insured for the certificate holder.
overage is Primary/Non-Contributory.
ERTIFICATE HOLDER CANCELLATION
AX: 2S3.856.6500
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISION$,
City of Kent / Attn: Engineering Dept.Attn: Nancy Yoshitake AUTHORIZED REPRESENTATNC
�
220 "4th" Avenue S
Ke t, WA 98012 Robert paven ort BOB
A 1988-2009 ACORD CORPORATION, All rights reserved.
:ORD 25(21109/o9) The,ncnRn PsmA--A logo are registered marks of ACORD
Received Time Ju1, 11. 2011 4: 14PM Na, 7828
0910912009 14:39 Humble&Davenport (FAX)425 255 9342 P.0031020
IAL GENERAL LIABILITY
CG 20 10 07 04
E IT CAREFULLY.
ADDITIONAL INSURED - OWNERS LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organizaticn(s)_ Locations Of Covered Operations
As required by wr_tten agreement
or contract.
information required to complete this Schedule,if not shown above, will be shown in the Declarations,
A. Section 11 —Who Is An Insured is amended to B. With respect to the insurance affprded to these
include as an additional insured the person(s) or additional insureds, the following additional exclu-
organization(s) shown in the Schedule, but only sons apply
with respect to liability for"bodily injury", "property This Insurance does not apply to "bodilyinjury" or
damage" or "personal and advertising injury" "property damage occurring after
pp y
caused,in whole or in part, by
1. All work, including materials, parts or equip-
1. Youracts or omissions, or ment furnished in connection with such work
2. e acts or omissrons oT-Ifi a acting on your on the protect(other than service, maintenance
behalf, or repairs) to be performed by or on behalf of
in the performance of your ongoing operations for the additional insured(s) at the location of the
the addrional insureds) at the location(s) desig- covered operations has been completed, or
nated above, 2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same protect
cr 2111 10 37 04 O ISO Properticc, Inc , 2004 Page 1 of 1
Received Time—Sep. 9, -2009 2: 38PM No. 4837
09/0912009 14:39 Humble&Davenport (FAx)425 255 9342 P.0041020
POLICY #PAS000140675
For Primary uoverage see page 12
COMMERCIAL GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY COVERAGE FOAM
Various provisions in this policy restrict coverage- Read the entire policy carefully to determine
rights; duties and what is arid h ni:� in: nin::it
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the
Declarations,and any other person or organization qualifying as a Named Insured under this policy,
The words "we", "us" and "our"refer to the Company providing this insurance.
The word"insured"means any person or organization qualifying as such under SECTION 11 - WHO
IS AN INSURED,
Other words and phrases that appear in quotation marks have special meaning.Refer to SECTION
V -DEFNITIONS.
Coverage provided by this form is also subject to all the Conditions in the COMMON POLICY
CONDITIONS form.
UUICK REF NCE
SECTION OF THIS FORM BEGINS ON PAGE
Section [- Coverages _
Coverage A. Bodily Injury and Property Damage Liability 1
Coverage B. Personal and Advertising Injury Liability�__..... ._6
Coverage C. Medical Expenses 7
Supplementary Payments- Coverages A and B....,__ __ .,7
Section It- Who Is An Insured._....._ _B
Section III -Limits of Insurance_— __ ___ _ . _ __ 1O
Section IV - Commercial General Liability Condit€ons.. _.._.__ i 1
Section V - 13
Section VI Broad Form Nilripar Fxcliislnn 15
SECTION I - COVERAGES not apply_ We may, at our discretion,
COVERAGE A BODILY INJURY AND PROPERTY investigate any "occurrence" and settle
DAMAGE LIABILITY any clamor `suit' that may result But
1. insuring Agreement Ill The amount we will pay for dam-
ages is limited as described in SEC-
a_ We will pay those sums that the insured TION Ill- LIMITS OF INSURANCE,and
becomes legally obligated to pay as (2) Our right and duty to defend end
damages because of bodily injury or when we have used up the appli-
cable damage" to which this insur- cable limit of insurance in the pay-
ance applies.We will have the right and ment of judgments or settlements
duty to defend the insured against any I'MI-1, r
sui see ung those damsgesHowever, expenses under Coverage C
we will have no duty to defend the In-
sured against any "suit" seeking dam- No other obligation or liability to pay sums
ages for "bodily injury" or "property or perform arts or services is covered
damage" to which this Insurance does unless explicitly provided for under
1"A�s apynEtwd rt E lal of Y-vmim S�11=Ofki ,lrc,v,lh 16 ip rt m
camrkft 1 ,r Sovf®arm 1C IaHT
BS2001 Ed. 4-99 CCP7ndhL ISM fmrylp d C.°,IlY 17 '"rtj,ns to ad .t lot nrdr.- h.no Page 1 of 17
Received Time Sep. 9. 2009 2:38Ph No. 4837
09/0912009 14:40 Humble&Davenport (FAX)425 255 9342 P.0051020
SUPPLEMENTARY PAYMENTS - COV- (b) Such attorney fees and litigation
ERAWZ expenses are for defense of that
b. This Insurance applies to "bodily injury" party against a civil or altema-
and "property damage' only if: tive dispute resolution proceed-
ing in which damages to which
I11 Thp"hnrlliy anjl ry'or"property roam- this insl lranca applies are alleged
age" is caused by an "occurrence"
that takes place in the "coverage c Li9uor Liability
territory'; and "Bodily injury"or"property damage"for
(7) n Injury"(nju 'ar"prnl.a tj darn_ which any insured may be held liable by
age" occurs during the policy pe- reason o _
riod. (1) Causing or contributing to the in--
m Damages because of"bodily injury"In- toxication of any person;
rlide damages claimed by any parson (2) The furnishing of alcoholicbeyer
or organization for care, loss of ser- ages to a person under the legal
vices a death resulting at any time from drinking age or under the influence
the"bodily injury". of alcohol; or
2. Exa1i6slons (2) Any statute, ordinance or regulation
This insurance does not apply to: relating to the sale, gift, distribution
or use of alcoholic beverages.
a. Expected Or intended Injury This exclusion applies only if you are in
"Bodily inju,-V, or "Props t
vie
expected or intended from the stand- uting, selling, serving or furnishing al-
point of the insured This exclusion does coholic beverages.
notapply to"bodily Injury"resulting from d Workers Compensation And Similar
the use of reasonable force to protect Lmwc
persons or property.
b. Contractual Liability workers'
obligation of the insured under a
workers' compensation, disability ben-
'Bodily injury"or"property damage"for efits or unemploymentcompensation law
whi pay
r F. fF.n 1-.I:....4...t i.. or aiy si.-...I_F t.. .
damages by reason of the assumption g Employer's Liability
of liability in a contract or agreement
This exclusion does not apply to liability "Bodily injury" to:
for damages:
11) An "employee' of the insured ar15-
(1) That the insured would have in the ing out of and in the course of:
absence of the contract or agree-
ment; or (a) Employment by the insured; or
(2) Assumed In a ,_ £t sr a9r aenient {b) Performing duties related to the
that is an "insured contract", pro- conduct of the insured's busi-
vided the "bodily injury" or "prop-- ness, or
arty damage" occurs subsequent to (2) The spouse,child,parent, brother or
the execution of the contract or sister of that"employee' as a con-
agreernent Solely for the purposes sequence of Paragraph (1) above.
of liability assumed in an "insured
contract', reasonable attorney fees This exclusion applies
and necessary ritigatlon expenses (1) Whether the insured may be liable
incurred by or for a party other than as an employar or in any other ca-
an Insured are deemed to be dam- pacity; and
ages because of "bodily injury" or
"property damage", provided (2) To any obligation to share damages
with or repay someone else who
1 I iahility a11c6 narfi, 5 eC8U5e e
the cost of,that party's defense injury,
has also been assumed in the
same"insured contract'; and This exclusion does not apply to liability
assumed by the insured under an "in-
sured cants auv%
Irr3,de ap/AdWJ"[Wal d ke SMFM OI6m Ire.%14h Ill pmnadm
199gcq I Iwserca Gwht,Oa l"� .I o a I= R37 turd rmf�an
9S2001 Ed. 4-99 cqyrrg�c Page 2 of 17
—Received Time—Sep. 9. -2009— 2: 38PM No. 4837
0910912009 14:40 Humble&Davenport (FAX)425 255 9342 P.0061020
f. Pollution on any insured's behalf are er-
M "Bodily injury'or"property damage" arming operations if the "pol—
arising out of the actual, alleged or lutants"are brought on or to the
threatened discharge, dispersal, premises,site or location in con—
seepage, migration, release or es— nection with such operations by
contractor. However, this sub—
la) At or f"ram any premises,site or paragraph does not apply to:
location which is or was at any Ia "Bodily injury" Or "property
time owned or occupied by, or
loanedrented or any insure escape of fuels,lubricants or
However,this subparagraph does other operating fluids which
not apply to: ere needed to perform the
fi) "Bodily injury" if sustained normal electrical,hydraulic or
i m a iii mg aFRIcause fi mec antcal unctions neces—
by smoke, fumes, vapor or sary for the operatTcn of
soot from equipment used to "mobile equipment" or its
heat that building; parts,if such fuels,lubricants
(B) "Bodily injury" or "property or other operating fluids a:-
damage" for which you may cape from a vehicle part
designed to hold, stare or
be held liable, if you are a receive them This exception
contractor and the owner or does not apply if the"bodily
lasso sl r r misac s
• jury or grape amage
or location has been added arises out of the Intentional
to your policy as an additional discharge. dispersal or re—
insured with respect to your lease of the fuels, lubricants
ongoing operations per— or other operating fluldc,or
formed for that addlvonal If such fuels, lubricants Or
insured at that premises,site other operating fluids are
or location and such pre— brought on or to the pre—
mises, site or location is not
anc never w s ow d o mises, site or location with
i n• �a ey a is—
occupied by, or rented or charged, dispersed or re—
loaned to,any insured,other leased as part of the opera—
than that additional insured; tions being
performed by
or such insured, contractor or
(iij) "Bodily injury" or "property subcontractor;
damage" arising out of heat, r) "Bodily injury" or "properly
smoke or fumes from a damage" sustained within a
"hostile fire', building and caused by thn
IN At or from any premises, site or release of gases, fumes or
location which is or was at any vapor$ from materials
time used by or for any insured brought into that building in
or others for the handling,stor— connection with operatfons
age, dispusdl, processing or belity performed by you or
treatment of waste; on your behalf by a contrac-
{cJ Which are or were at any time
transported, handled, stored, Iiii) tor or subcontractor; or"Bodily injury" or "property
treated, disposed o fr or pro— damagu' arising out of heat,
cessed as waste by or for any smoke or fumes from a
insured or any parson or orga— "hostile fire"; or
nization for whom you may be le) At or from any premises, site or
legally responsible .a _ _
r
(d) At or from any premises, site or any contractors or subcontrac—
location on which any insured or tors working directly or indirectly
any contractors or subcontrac— on any Insured's behalf are per—
tors working directly or indirectly forming operations if the opera—
1rd daa epr,lefll"d" j&i.i of iaalh Sd ii arritax Irt trial Ira�rtl�Ql
Cc�yt{�1L Bove=servJ=01dM Ile Ian
9S2001 Ed. 4�-99 rlptadl IM%rJp'ry�a,ylap ilyrnranj.-4t P6tliPonl taxi adr tzi s Page 3 of 17
—Received Time—Sep, 9. -2009 2: 38PM—No. 4837
09109/2009 14:40 Humble&Davenport (FAX)425 255 9342 P.007102O
lions are to test for, monitor, (4) Liability assumed under an "insured
e, Ontain,Veat contract" for the ownership, main-
detoxify or neutralize, or in any tenance or use of aircraft or we-
way respond to, or assess the tercraft;
effects of, "pollutants"' 15) "Bodily injury"or"property damage"
(2);Any loss,c st or expessse arising out arising cut of e operation of any
of any: of the equipment listed in Paragraph
(a) Request,demand,order or statu- f•(2)orf.(3)of the definition of"mo-
tory or regulatory requirement bile equipment; or
Ural. e or o e es n aircraft you do not own that you
for, monitor, clean up, remove, charter with crew.
contain, treat; detoxify or neu-
tralize,or in any way respond to,
or assess the effects of "pol- "Hedily-in7urY" eprept3rNp-dw ,aye"
lutants", or arising out of:
IN Claim or suit by or on behalf of (1) The transportation of"mobile equip-
a governmental authority for ment' by an"auto" owned or oper-
damages because of testing for, atad by or rented or loaned to any
monitoring,cleaning up,remov- Insured; or
ing,containing,treating,detoxi-
fying or neutralizing, or In any 12) The use of "mobile equipmenf' in,
way responding to, or assess orwhile in practice for,orwhile being
-- s' ;
ing, speed, demolition, or stunting
However, this paragraph does not activity.
apply to liability for damages because i War
of "property damage" that the in-
surad would have in the absence of "Bodily injury"or"property damage"due
such request, demand, order or to war,whether or not declared, or any
statutory or regulatory requirement, act or condition incident to war. War
or such claim or"suit' by or on be- includes civil war, insurrection, robel-
half of a governmental authoritv. !!On 9..2.,,,u.US This s. __ ,-
g Aircraft, Auto Or Watercraft only to liability assumed under a con-
tract or agreement
"Bodily injury" or "property damage" j tract or ag Property
arising cut of the ownership, mainte-
nance, use or ontr ustment to others of "Property damage" to:
any aircraft,"auto"or watercraft owned
or operated by or rented or loaned to (1) Property you own, rent, or occupy;
any insured.Use includes operation and (2) Premises you sell,give away or aban-
"loadinq or unloading" do If "pro- -
'ses
This exclusion does not apply to; out of any part of those premises.
(1) A watercraft while ashore on pre- (3) Property leaned to you;
mises you own or rent; (4) Personal property in the cars, cus-
12) A watercraft you do not own that tody or control of the insured;
Is: {5) That particular part of real property
ia) Less than 51 feet long; and on which you or any contractors or
subcontractors working directly nr
ib) Not being used to carry persons indirectly on your behalf are per-
or property for a charge; . forming operations, if the"property
(3) Parking an"auto"on, or on the ways damage"arises out of those opera-
next to, premises you own or rent, tons; or
o'is no o 1 y 16) That particular part of any property
or rented or loaned to you or the that must be restored, repaired or
insured; replaced because "your work" was
Incorrectly performed on iL
rdUkr b:W4dtW"alai nr o�=sartm area".Lr.VJUI its ww.a
yqrn 1 .,s,wrrn.-affm Im. I997
952001 Ed. 4-89 cwddi rs99�6.1ra ,iNctralv.""ro"a"unmi,®„"a,wi.� Page 4 of 17
Received Time Sep. 9. 2009 2: 38PM No. 4837
09/0912009 14:41 Humble &Davenport (FAH)425 255 9342 P.0081020
Paragraphs(1),(3)and (4)of this exclu- the loss of use, withdrawal, recall In-
ap per y omeg:Rfia spectlon,repair,replacement,adjustment
to premises, including the contents of removal or disposal of:
such premises,rented to you for a pe-
riod of 7 or fewer consecutive days,A (1) "Your product",
separate limit of insurance applies to (2) "Your wede, or
Tenants Legal Liability as described in
SECTION III - LIMITS OF INSURANCE, (3) "Impaired property";
Paragraph(21 of this exclusion does not if such product, work, or property is
apply if the premises are "ynlir work' withdrawn or recalled from the market
and were never occupied,rented or held or from use by any person or organl-
for rental by you. zation because of a known or suspected
defect, deficiency, Inadequacy or dan-
Paragraphs (3). t4), (5) and (e) of this gerous condition in It
exclusion do not apply to liability as-
sumed under a sidetrack agreement a• Professional
Paragraph(6) of this exclusion does not (1) "Bodily injury"or"property damage"
apply to "property damage" included in arising out of the rendering or fail-
the °products-completed operatinns ure to render any professional ser-
hazard". vice, including but not limited to.
k. Damage To Your Product (a) Accounting,advertising,archite�
g tural,drafting,engineering,finan-
°Property damage" to "your product' cial, insurance or legal services,
arising out off t or any part of it advice and instruction;
I. Damage To Your Work (b) Medical, cosmetic, dental, ear
"Property damage"to"your work"aris- piercing,hair dressing,massage,
ing out of 1t or any part of it and in- physical therapy. veterinary,
cluded in the "products-completed op- nursing, surgical or x-ray ser-
erations hazard". vices, advice and instruction;
This exclusion does not apply if the (c) Use of any tanning booth, tan-
damaoed work or tha,nrnrk chi t of„hirh nlnq bed tanning equipment or
the damage arises was performed on tanning device;
your behalf by a subcontractor. (d) Laboratory operations or Ber-
m. ❑amageTo Impaired Property Or Prop- vices, whether medical or not;
arty Not Physically injured and
"Property damage" to "impaired prop- (e) Services performed as a funeral
arty"or property that has not been physi- director or as an operator of a
sally injured, arising out or cemetery; and
ill
detect. deficiency, a equacy or r
dangerous condition in"your prod- Instruction for the purpose of
uct" or"your work or appearance or skin enhancement,
hair removal or replacement or
12) A delay or failure by you or anyone personal grooming.
acting on your behalf to perform a (2) This exclusion does not apply to:
contract or agreement In accordance pp y
with Its terms. [a) Pharmacological services if:
This exclusion does not apply to the foss (i) You do business as a retail
of use of other property arising out of drug store and do not manu-
sudden and accidental physical injury to facture or compound in bulk
your producO or "your woric" after it pharmaceuticals for sale by
has been put to its intended use_ others; and
n. Mail -- -ro uc s, or r mpa re ht) The"bodily injury"or"prop-
, Property erty damage" is not caused
Damages claimed for any ,loss cost or by the willful violation of a expense incurred by you or others for Panal statute or ordinance
IrCud--F/a¢,I"d a adnl al Ia Jm Swim Olrat Irc,,np,Ito p:rriodm
Cgry�"�a 1"anorn Savl=ornm Ire. 19a7
9S2001 Ed 4-99 aWdGK 183%I,Lry" f Gawl y r t�LN,as nao3uctd le,l arti rwtavq Page 5 of 17
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relating to the sale of phar- the offense was committed in the"cov-
or L e arage rrrtory' during the policy ps-
knowledge or consent of any riod.
Insured; 2, Exclusions
(b) Optical or hearing aid services,
pa-
ration,production,mounting,fit- a. "Personal and advertising injury";
ting, demonstration or distribu-
tion of ophthalmic lenses znd (1) Caused by or at the direction of the
similar products or hearing aid insured with the knowledge that the
services act would violate the rights of an-
other and would inflict"personal and
p. Personal And Advertising injury advertising injury";
"Bodily injury" arising out of "personal (2) Arisin out of oral or written
and aclvcrtisin�.� nation of material, if done by or at
Exclusions c.through o.do not apply to"prop- the direction of the insured with
arty damage" to premises while rented to you knowledge of its falsity;
or temporarily occupied by you with psimis- (3) Arising out of oral or written pub-
Sion ofth9 owner.A separate limit of insurance licatlon of material whose firstpub-
applies to Tenants Legal Liability, as described licatien took place before the be-
in SECTION III - LIMITS OF INSURANCE, ginning of the policy period;
COVERAGE B. PERSONAL AND ADVERTISING (4) Arising out of the willful violation of
IA ; a penal statute or ordinance com-
1. Insuring Agreement mltted by or with the consent of any
Insured,
a. We will pay those sums that the insured becomes legally obligated to pay as (5) For which the insured has assumed
damages because of'personal and ad- liability in a contract or agreement
vertising injury" to which this insurance This exclusion does not apply to li-
applies. We will have the right and duty ability for damages that the insured
" would have in the absence of the
to defend the insured against any suit" Q=FGat -_ _.._-__
Seeking
will have no duty to defend the insured 161 Arising out of a breach of contract,
against any "suit' seeking damages for except an implied contract to use
"personal and advertising injury"to which another's advertising idea in your
this insurance does not apply. We may, %dvertlsemenf';
atour discretion, investigate any offense
and settle any claim or "suit" that may (7) Arising out of the failure of goods,
result But products or services to conform with
any statement of quality or perfor-
(1) The amount we will paav for dam- r!'���
ages is limited as described in SEC-
TION 111-LIMITS OF INSURANCE;and (8) Arising out of the wrong descrip-
Eicn of the price of goods, prod-
(2) Our right and duty to defend end ucts or services stated in your"ad-
when we have used up the appli- verttsemenV;
cable limit of insurance in the pay-
ment of judgments or settlements (9) Committed by an Insured whose busi-
under Coverages A or B or medical ness is advertising, broadcasting,
expenses under Coverage C. publishing or telecasting. However,
this exclusion doles not apply to
No other obligation or(lability to pay sums Paragraphs t 4.a.,b.and c,of"per-
or perform acts or services is covered sonal and advertising injury" under
unless explicitly provided for under SECTION V - DEr-iNITIONS; or
SUPPLEMENTARY PAYMENTS - COV-
A AN n ainn e-Lft aff Ithe actual, allegedu
threatened discharge, dispersal,
b. This insurance applies to "personal and seepage, migration, release or es-
advertising injury' caused by an offense cape of"pollutants" at any time.
arising out of your business but only if
hKwm wpird-i"d mww or warm sovr=orrm,r2,vith ha wo oSm
rm/rf a beumrnm So =n0m he,1937
9S2001 Ed. 4-99 ozpydrlrt Ise%,hLry uhn rv=lq Csrnsvr/,AS In".ollc l le,[ordrwimms Page 6 of 17
Received Time—Sep, 9. -2009 2: 38PM No. 4837
0910912009 14:41 Humble&Davenport (FAX)425 255 9342 P.0101020
b. Any loss, cost or expense arising out a. To any Ensured
b. To a person hired to do work for or on
(1) Request, demand or order that any behalf of any insured or a tenant of any
insured or others test For, monitor, Insured.
clean up, remove, contain, treat,
a mises you own or rent that the person
of, 'pollutants';
resp'pollutants'; or ond to, or assess the effects normally occupies.
(2) Claim or suit by or on behalf of a d. To a person, whether or not an "em-
g
because of testing for, monitoring, the "bodily injury" are payable or must
cleaning up, removing, containing, be provided under a workers'compen-
treating, detoxifying or neutralizing, sation or dfsabilkybenefits law or a similar
or in any way responding too - law.
sessing the affects of, "pollutants". e. To a person Injured while taking part in
COVERAGE C. MEDICAL PAYMENTS athletics.
1. Insuring Agreement f. Included within the"products-completed
operations hazard".
a We will pay medical expenses as de- 9. Excluded under Coverage A
scribed below for 'bodily injury" caused
by an accident h. Due to war,whether or not declared,or
1 I On premises you nr rant- any act orcondition Inside tto war,
includes civil war, insurrection, rebel-
(2) On ways next to premises you own Ifon or revolution.
or rent; or SUPPLEMENTARY PAYMENTS - COVERAGES
13) Because of your operations; A AND B
provided that ]_ We will pay, with respect to any claim we
(1) The accident takes place in the"cov- Investigate or settle,or any"suit"against an
erage territory"and during the policy Insured we defend
Di All
-
12) The,expenses are Incurred and re- b. The east of bail bonds required because
ported to us within three years of of accidents or traffic law violations
the date of the accident; and arising out of the use of any vehicle to
131 The injured person submits to ex- which the ❑odily Injury Liability Cover-
amination, at our expense, by phy- age applies_ We do not have to Furnish
sicians of our choice as often as we these bonds.
reasonably require. a Tho cost of bonds to release attach-
We n.n♦ .t anIV L _1
less of
wf faulaul e -ese paymentsre the applicable limit of insurance We do
t Those payments willfill -not not have to furnish these bonds.
exceed the applicable limit of insurance.
We will pay reasonable expenses for. d All reasonable expenses incurred by the
it) First aid administered at the time of insured at our requust to assist us in the
an accident; investigation or defense of the claim or
"suit, including actual joss of earnings
(2) Necessary medical, surgical, x-ray up to 5250 a day because of time off
and dental services, lnciuding pros- from work
thetic devices; and e. All costs taxed against the Insured in the
(3) Necessary ambulance,hospital,pro- "suit".
fissional nursing and funeral ser-
vices. f. Prejudgment interest awarded against the
FLIJI11.we
fir. ♦4...a'....,«
2. Exclusions pay.
If we make an offer to pay the ap-
We will not pay expenses for "bodily in- plicable limit of insurance, we will not
jury" pay any prejudgment interest based on
that period of time after the offer.
I(rJuMs OWY110md MV W of hcvola,Suvi'�Olini Irc.wh Ile pa,.;c�",
IFi99,IuSryrard phi "oa"��"fma oRl�6c 1997
9S200 1 Ed. 4-99 Ccpjni7R N Om}urry,c"In ad t1PV1(OKI nai rwjimQ Page 7 of 17
Received Time—Sep, 9. -2009— 2: 38PNI No. 4831
09/09/2009 14:42 Humble&Davenport (FAX)425 255 9342 P.0111020
g. All interest on the full amount of any 12) Provides us with written authoriza-
Ion to:
judgment and bef are we have paid, of-
fered to pay, or deposited in court the (a) Obtain retards and other infor-
part of the judgment that is within the mation related to the"suit'; and
applicable limit of insurance. U Con l ,
These payments will not reduce the limits of the indemnitee in such "suit'.
of insurance 5o long as the above conditions are met,
2. If we defend en insured against a"suiP and attorneys' fees Incurred by us in the de-
as a party to the "suit", we will defend that tion expenses incurred by us and necessary
indemnitee if all of the following conditions litigation expenses incurred by the indsm-
are met nitee at our request will be paid as Supple-
mentary Payments.Notwithstandin the ro-
The"suis Islons o aragrap 2.b.(2 of SECTION I -
damages for which the insured has as- COVERAGE BODILYMURYAND PROP-
sumed the liability of the indemnitee in a ERTYDANIAGE LIABILITY, such payments will
contractor agreement thatisan"Insured not be deemed to be damages for "bodily
contract'; inlirry" and "property damage" and will not
b. This insurance applies to such liability reduce the limits of insurance,
assumed by the insured; Our obligation to defend an insured's in-
c. The obligation to defend, or the cost of demnitee and to pay for attorneys' fees and
the,l,.c.ns c st—a•__,____- nt=_ acsan litlnatinn vne �e��.-c,,....i..—._
been assurned by the insured in the same tary Payments ends when
"insured contract'; a We have used up the applicable limit of
d The allegations In the "suit" and the in- insurance in the payment of judgments
formation we know about the "occur-
or settlements; or
rence' are such that no conflict appears b. The conditions set `orth above, or the
to exist between the interests of the terms of the agreement described in
Insured and the interests of the indem— Paragraph f, above, are no longer met
nitee;
- t AN tlVSURED
e. The indemnitee and the insured ask us to conduct and control the defense of 1. if you are designated in the Declarations as:
that indemnitee against such "suil;7 and a An individual, you and your spouse are
agree that we can assign the same court- insured, but only with respect to the
sal to defend the Insured and the in— conduct of a business of which you are
demnitee, and the sole owner.
f. The indemnitee: b. A partnership or joint venture, you are
it n..F.-. 4nwiting
:In in enrc rf V — -
ners,and their spouses are also insureds,
(a) Cooperate with us in the inves— but only with respect to the conduct of
tigation, settlement or defense your business.
of the "suit',
C: A limited liability company, you are an
(b) Immediately send us copies of insured Your members are also insureds,
any demands, notices, sum— but only with respect to the conduct of
manses or fegal papers received yeur business. Your managers are in—
in connection with the "suit'; sureds, but only with respect to their
(c) Notify any other insurer whose duties as your managers,
coverage is available to the in— d. An organization other than a partner-
demnitee; and ship, joint venture or limited liability
(d) Cooperate with us with respect company,you are an insured.Your"ex—
to coordinating other applicable ecu Ive a cers` and (rectors are in-
insurance available to the indem- sureds, but only with respect to their
nitee; and duties as your officers or directors.Your
stockholders are also insureds,but only
with resper_t to their liability as stocic-
kdadz=poldilad or 11 S ions 0�uFi=19v-J,its p..d Jo,
952001 Ed 4-99 QOWILdJ ISS M and U�Iry rb,pnp as to ndSJunf Imd and roiLnum Page 8 of 17
Received Time Sep. 9. 2009 2; 38PM No, 4837
09/0972009 14:42 Humble&Davenport (FAX)425 255 9342 P.0121020
holdera Your subsidiaries, and substd— any of our "em to ees"
of ubsid! H- -a
partner or member(if you are a
(1) They are legally incorporated enti— partnership or joint venture), or
ties; and any member (if you are a limited
fiabllity company).
(2) You own more than 5074 of evot n o than "employee),
stock in them as of the effective y person er an your
date of this policy. or any organization while acting as your
real estate manager
If such subsidiaries are not shown in the Declarac. Any person or organization having pMpar
us within 18 you must report inceiernption
f emporary custody of your property if
us within 18D days of the inception of you die, but only:
this policy.
2 Each of the following is also an insured: (1) With respect to liability arising out
of the maintenance or use of that
— gym er you property; and
"executive officers" lif you are an or— (2) Until your legal representative has
ganization other than a partnership,joint been appointed
venture or limited liability company) or
your managers (if you are a limited ii— d. Your legal representative if you die,but
ability company►,but only for acts w(thin only with respect to duties as such That
the scope of their employment by you representative will have ail your rights
or while performing duties related to the and duties under this Coverage Part
conduct of your business.However,none
e. Any ps —t _
you agree, because of a written con-
11) "Bodily injury" or'personai and ad— tract, to provide insurance such as is
vertising injury". afforded under this policy,but only with
(a) To you, to your partners or respect to liability arising out. of your
members lif you are a partner— operations, "your work" or facilities
ship or Joint venture), to your owned or used by you
members(if you are a limited li— This provision does not apply.
ability company),or to a co•-"Em—
is either in the course of his or sor of leased equipment grantor of
her employment or performing a franchise, engineer, architect or
duties related to the conduct of surveyor; or
your business; (21 Unless the contract has been signed
(b) To the spouse, child, parent, prior to the date of "bodily ,njury",
brother or sister ofthatco—"em— "property damage", or "personal or
ployea" as a consequence of advertising injury"-
Paragraph (1)(a) above; L Any no san r GFg --�-
(c) For which there is any obligation are obligated by virtue of a written"in—
to share damages with or repay sured contract."to provide insurance such
someone else who must pay as is afforded by this policy, but only
damages because of the injury with respect to liability arising out of
described in Paragraphs U Ifa)or the ownership, maintenance, or use of
(b) above; or that part of any premises leased to you.
This does not apply to:
(d) Arising out of his or her pro— (1) An "occurrence" that takes la
viding or falling to provide pro-
y P ce
fessional health care services. after you cease to be a tenant on
(2) "Property damage"to property. those premises.
(2) Structural alterations,new construe—
(a) Owned, occupied or used by, ton or demolition operations er—
Rented to, in the care, custody orme y or all—behalf of such in—
or control of, or over which sured
physical control is being sxer— g. Any state or pollticai subdivision,but only
c(sed far any purpose by you, as respects legal liability incurred by the
iiddv azmA Jiivlaini or In mo smi=gam,im wN i,,Fw.,Aim
9S2001 Ed 4-99 Condign 11M KryorN iN ouf was"&5d=i Wa l,wiems
Page 9 of 17
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state or political subdivision solely be- offense committed before you acquired
Ca se It has is .., a . _—:+ 11 Culliluu—or formed organization. —
tion with premises you own, rent, or
control for one of the hazards listed No person or organization is an insured with
below: respect to the conduct of any current or past
partnership,joint venture or limited liability com-
not own as a ame nsure n
construction,erection,=017lmori the Declarations.
advertising signs,awnings,canopies, SECTION III - LIMITS OF INSURANCE
cellar entrances, coal holes, drive-
ways manholes marquees hoistaway t The_I_imite of InsgFgp6e shown in thin Bee
openings, sidewalk vaults, street larations and the rules below fix the most
banners or decorations and similar we will pay regardless of the number of_
exposures;
a Insureds;
(2) The construction,erection or removal
of e evators; or aims ma a or "suits' rcught; or
(3) The ownership, maintenance or use c. Persons or organizations making claims
of any elevators covered by this or bringing "suits".
insurance. 2 The General Aggregate Limit is the most win
3, With respect to "mobile equlpment"rogis- will pay for the sum of:
tered in your name under any motor vehicle a Damages under Coverage A, except
registration law, any person is an insured damages because of "bodily injury" or
while driving such equipment along a public "nropert,„-I-.m....n": _dI't ,_1
Ig way w your permission_Any other per- ucts-completed operations hazard";and
son or organization responsible for the con-
duct of such person is also an insured, but b. Damages under Coverage 0.
only with respect to liability arising out of The General Aggregate Limit applies sepa-
rhe operation of thin equipment, and only if rately to each location owned by or rented
no other insurance of any kind is available to you. Location,as used here, means pre-
to that person or organization for this li- mises involving the same or connecting lots,
ability.However, no person or organization or premises whose connection is interrupted
is an insured With respect to, nnlly by a street ,,,a,,,.„ ,,,,,,._,,,
a. "Bodily injury" to a co-"employee" of of-way of a railroad.
the person driving the equipment, or S. The Products-Computed Operations Ag-
b_ "Property damage" to property owned gregato Limit is the most we will pay under
by,rented to,in the charge of or orcu- Coverage A for damages because of"bodily
pied by you or the employer of any injury" and "property damage" included in
person who is an insured under this the "products-completed operations haz-
provision ard"
4 Any nanivatinn vn ^q ...t... 4 Fnh is a t1,., o.-- oand A
other than a partnership or joint venture, vertising injury Limit is the most we will pay
and over which you maintain ownership or under Coverage B for the sum of all dam-
majority interest,will qualify as a Named in- ages because of all "personal and advertis-
sured if there is no other similar insurance Ing injury" sustained by any one person or
available to that organization However organization.
a. Coverage underthis provision Is afforded 5. Subject to 2. or 3. above, whichever ap-
only until the 180th day after you ac- plies, the Each Uccurrence Limit is the most
quire or form the organization or the we will pay for the sum of:
end of the policy period, whichever Is a Damages under Coverage A and
earlier;
b. Coverage A does not apply to "bodily b Medical expenses under Coverage C
injury" or "property damage" that cc- because of all 'bodily Injury"and "prapert
e"o a you I qu IreI 1or formed amage arcs ng out o any one"occurrence".
the organization; and S. Subject to 5_ above, the Tenants Legal Li-
t Coverage B does not apply to "personal ability Limit is the most we will Day under
and advertising injury"arising out of an Coverage A for damages because of"prop-
I,rJWb_CCRJnt""d=Mill at 1 s lm r+avl=015M the Wh Ila pemi mm
952001 Ed. 4-99 �asrn arms ,e C0 ,q mapl e,W laodma l tO,1 Ord mW=
Page 10 of 17
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i
S
0910912009 14:43 Humble&Davenport (FAX)425 255 9342 P.0141020
a
erty damage" to any one premises, while legal papers received in connection
w e c aim or"suit°;
you with permission of the owner, arising out of any one "occurrence!'. i21 Authorize us to obtain records and
other information;
7. Subject to 5. above, the Medical Expense
age C for all medical expenses because of lion or settlement of the claim or
"bodily injury"sustained by any one person. defense against the"suit"; and
The Limits of Insurance of this Coverage Part (4) Assist us, upon our request, in the
period and to any remaining period of less than person or organization which may
12 months, starting with the beginning of the be liable to the insured because of
policy period shown in the Declarations, unless injury or damage to which this in-
the policy period is extended after issuance for surance may also apply.
an a ition period of less than 12 months. In d. No insured will,except at that Insured's
that case, the additional period will be deemed own cost, voluntarily make a payment,
part of the last preceding period for purposes assume any obligation, or incur any ex-
of determining the Limits of Insurance. pane, other than for first aid, without
SECTION IV- COMMERCIAL 13ENERALLLM LIT'Y our consent
CONDFRONS e- Knowledge of 'occurrence", claim or
1. Bankruptcy "suit"by an agent, servant or"employee"
of an insured (other than an officer or
or iJul oas not imply knowledge by
of the Insureci's estate will not relieve us of the insured unless the insured has re--
our obligations under this Coverage Part ceived notice from the agent, servant
2. Duties In The Event Of Occurrence,Offense, or "employee".
Chim Or Suit f. Failure by an agent servantor"employeer"
a You must see to it that we are notified of an insured [other than an "executive
as soon as practicable of an "occur- officer", manager or partner) to notify
rence" or an offense which may result us of an "occurrence" will not be con-
nl-. T..rl�.. _ _ _ sirdererl ml f era ton .:+"
in a should include,
_ graphs a and b above.
(1) How, when and where the"occur- 3. Legal Action Against Us
rence" or"offense" took place; No person or organization has a right under
(21 The names and addresses of any in- this Coverage Part
jured persons and witnesses, and a. To join us as a party or otherwise bring
0) The nature and location of any in- us into a"suit"asking for damages from
jury or damage arising out of the an insured; or
"occurrence" or offense. b. To sue us on this Coverage Part unless
b. If a claim is made or "surf' is brought all of its terms have been fully complied
against any insured, you must with
11) Immediatuly record the specifics of A person or organization may sue:us to r u—
the cover on an agreed settlement or on a final
cal claim or suit and the date re- judgment against an insured obtained after
calved; and an actual trial; but we will not be liable for
12) Notify us as soon as practicable. damages that are notpayable under the terms
You must see to itthat we receive written of this Coverage Part or that are in excess
notice of the claim or "suit' as soon as of the applicable limit of insurance An agreed
practicable, settlement means a settlement and release
of liability signed by us, the insured and the
e. You and anv other involved insured mutt- claimant Or thv rlatman"s legal €r ant a
I1) Immediately send us copies of any
five.
demands, notices, summonses or 4. Motor Vehli Laws
In1W=ap0d00dd=ImM of haaw Savlov 61im ic,vJd,if.Fmvk_4M
9S2Do1 Ed. 4-99 ap+"da 199-RC iiry `arc,=kkytZInwt,:,FAAu;muIMa,e,Rerm o
Page 11 of 17
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0910912009 14:43 Humble&Davenport (FAX)425 255 9342 P.0151020
With respect to°mobile equipment"to which SECTION i - COVERAGE A -
D PROPERTY
a When this Coverage Part is certified as DAMAGE LIABILITY.
proof of financial responsibility under (2) Any other primary Insurance avail-
the provisions of any motor vehicle fe- able to you covering liability for
rising MrOrthe premises
provided by the Coverage Part for Bodily or operations for which you have
Injury Liability or Property Damage Li- been added as an additional insured
ability will comply with the provisions by attachment of an endorsement
of the law to the extant of the cover-
age and limits or insurance required by When this in ranee is excess, we wilt
that law. have no duty under Coverages A or B to
defend the insured against any claim or
b. We will provide any liability, uninsured "suit" if any other insurer has a duty to
motorists, underinsured motorists,no- defead tho inglirgid against that claim or
fault oro er coverages required by any "suit". If no other insurer defends, we
motor vehlCle Insurance law. We will will undertake to do so, but we will be
provide the required limits for those entitled to the Insured's rights against all
coverages. those other insurers.
5. Other ipsnr3nce When this insurance Is excess over other
eerr valid and collectible Ir r rice' avail- insurance,we will pay only our share of
able to the insured for a loss we cover u er the amount of the loss, If any, that ex-
Coverages A or B of this Coverage Ra ceeds the sum of:
our obligations are limited as-follows: t i1) The total amount that all such other
a. Primary insurance insurance would pay for the loss in
the absence of this insurance; and
This insurance is primary except when (2) The total of all deductible and celf-
b_bylaw applies.If this insurance is pre- insured amounts under all that other
Mary, our obligations are not affected insurance
unless any of the other insurance is also
primary.Then,we will share with all that We will share the remaining loss,if any,
other insurance by the method described with anv other s snranra+ a .,+a -
n V.151BIDW. scribed in this Excess Insurance prov(-
b_ Excess insurance slon and was not bought specifically to
apply in excess of the Limits of Insur-
This insurance is excess over ante shown in Ehe Declarations of this
I i) Any of the ether insurance,whether Coverayfi Part
primary,excess,contingent or on any c. Method Of Sharing
other basis:
If all of the other insurance permits con-
(a) That is Fire,Extended Coverage. t ibUtl[On hV ennal char=e ",e lVill fpIl-
Builder's Risk,Installation Risk or this method also. Under this approach
similar coverage for"your work"; each insurer contributes equal amounts
(b) That insures for direct physical until it has paid its applicable limit of
lass to premises rented to you Insurance or none of the loss remains,
or temporarily occupied by you whiclidver comes first
with permission of the owner; if any of the other insurance does not
(c) That is insurance purchased by permit contribution by equal shares, we
you is cover your as a will contribute by limits. Under this
tenant for"property damage"to method, bath insurers share is leased
on the ratio of its applicable limit of
premises rented to you or tem- Insurance to the total applicable limits
porariiy occupied by you with of Insurance of all insurers.
permission of the owner; or
kil it
e oss arises outof the main-
tenance or use of aircraft, "au-
tos" or watercraft to the extent
not subject to Exclusion g. of
W-knu:pndn•d, r/-qi.l pflT _Sovr=OIr¢Ira,vioii�rvmul�sr
Ccpy9S2001 Ed 4-99 CDT46UM IM9 NlirVerd'r~- C,rFl.� W ffimiR 'see
'w-vy`°°,c'u°°I�"r.,r'"la= Page 12 of 17
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0910912009 14:43 Humble&Davenport (FAH)425 255 9342 P.0161020
a We will compute all premiums for this will not invalidate or effect coverage for
rovQr2ge Part ins misas or opera lons_But you must
rules and rates report such error or omission to us as soon
b_ Premium shown In this Coverage Fart as practicable after its discovery,
as advance premium is a deposit pre- 11.When We Do Not Renew
M-turn nn!V. At the niese of each audit
Period we will compute the earned pre- if we decide not to renew this Coverage
mlum for that period. Audit premiums Part,we will mail or deliver to the first Named
are due and payable on notice to the Insured shown in the Declarations written
first Named Insured. If the sum of the notice of the non-renewal not less than 30
rice aria audit premiums paid for the re a exp rauon Idle,
policy period is greater than the earned if notice is mailed, proof of mailing will be
premium, we will return the excess to sufficient proof of notice.
the first Named Insured.
c. e firs amed Insured must keep
records of the information we need for 1. "Advertisement"means a notice that is broad-
premium computation,and send us copies cast or published to the general public or
at such times as we may request specific market segments about your goods,
products or servicss for the purpose of
7. Representations attracting customers or supporters.
By accepting this policy, you agree: 2 "Auto" means a land motor vehicle, trailer
a The statements in the Declarations are or semitrailer designed for travel on public
arrnra+ d ,T. I + rnaric r,...+ .---- r---
P equipment But"auto"does not include"mobile
b. Those statements are based upon rep- equipment'.
resentations you made to us; and 3. "Bodily injury"means bodily injury,sickness
C. We have issued this policy in reliance or disease sustained by a person. This in-
upon your representations, cludes mental anguish, mental injury, shock,
S. Separation Of insureds fright or death resulting from bodily injury,
sickness or disease.
Except with respect to the Limits of Insur-
gnrp " tone i+ r„"
..d r_,... ----
assigned in this Coverage Part to the first a- The United States of America (including
Named insured, this insurance applies its territories and possessions), Puerto
a As if Each Named Insured were the only Falco and Canada;
Named Insured; and b. International waters or airspace, pro-
b. Separately to each insured against whom vided the injury or damage does not
elalm is made or "suit is brought occur in the course of travel or trans-
portation to or from any place not in-
9. Transfer Of Rights Of Recovery Against �wr+,
t ers To Us c. All parts of the world if:
if the insured has rights to recover all or (1) The injury or damage arises out of:
part of any payment we have made under
this Coverage Part, those rights are trans- {a) Goods or products made or sold
ferred to us. The insured must do nothing by you in the territory described
after loss to impair their At our request, in a above; or
the insured will bring"suit"or transfer those {bl The activities of a person whose
rights to us and help us enforce them. P
home Is In theterritory described
This condition does not apply to Coverage in a above,but is away for a short
C. Medical Expenses. time on your business; and
10.Unintentional Errors And Omissions (2) The Insured's responsibility to pay
AAV n,: ai orrar or tit r4aman c i .,+a eQ1: _
description of, or failure to completely the merits,In the territory described
describe, any premises or operations in- tea above or in a settlement we agree
tended to be covered by this Coverage Part
h*cb4 apVrl r�ymural G Ircvme�r Swim:olriot ut.uilh IW pmd=dm
9S200T Ed. 4-99 r�d>L Isso.DJLry i�c" JIV su IP'offal Ic.ts�7
V�^V,m u+ndiumo lust(a�rcA�on Page 13 Of 17
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0910912009 14:44 Humble&Davenport (FAX)425 255 934R P.0171020
5. 'Employee"includes a"leased worker""Ern- to a third parson or organization. Tort
i t' sans a i I Ity that would be
worker" imposed by law in the absence of any
6. "Executive officer" means a person holding contract or agreement
any of the officer positions created by your Paragraph f. does not include that part
charter, conc,__,.,tmrtlon, hy4�=IaWs er any other any con roc or agreement
similar governing document
(1) That indemnifies a railroad for"bodily
7. "Hostile fire" means one which becomes Injury"or"property damage" arising
uncontrollable or breaks out from where it out of construction or demolition
was Intended to ba opera Ions, wi in 5D feet of any
B. "Impaired property" means tangible prop- railroad property and affecting any
erty, other than "your product' or "your railroad bridge or trestle, tracks,
work",that cannot be used or is less useful road-beds, tunnel, underpass or
h.-raclsa crocsing
a. It incorporates "your product'' or"your (2) That indemnifies an architect, engi-
work" that is known or thought to be near or surveyor for Injury or darn-
defective,deficient,inadequate or dan- age arising out of,
rgerous, or (a) Preparing, approving, or falling
b. You have failed to fulfill the terms of a to prepare or approve, maps,
contract or agreement; shop drawings,opinions,reports,
surveys, field orders, change
if such property can be restored to use bv; ardars or drpm&s A 5p$ci—
a. The repair, replacement, adjustment or Fications; or
removal of "your product' or "your (b) Giving directions orinstructimns,
work"; or or failing to give them, if that Is
b. Your fulfilling the terms of the contract the primary cause of the injury
or agreement or damage; or
9. "Insured contract' means: (3) Under which the insured, if an ar-
chitect, engineer or surveyor, as-
a A contract for a lease of premises. su as linhiiify fnr an i r„r., ,.-
owever, that portion of the contract age arising out of the insured's
fora lease of premises that fndemnffies rendering or failure to render oro-
any person or organization for damage fossional services, including those
by fire to premises while rented to you listed in (2) above and supervisory,
or tamporarily occupied by yUU with inspection,architectural or engineer—
per-mission of the owner is not an "in-- ing activities
sured contract'; 10."Leased worker" means a person leased to
b. A sidetrack agreement; you by a labor leasing firm under an agree-
ment u an e a or leasing firm,
c- Any easement or license agreement, to perform duties related to the conduct of
except In connection with Construction your business. "Leased worker" does not
or demolition operations on or within include a "temporary worker".
50 feet of a railroad
11."Loading or unloading" means the handling
d. An obligation,as required by ordinance, of property-
to indemnify a municipality, except in
connection with work for a municipal- a After it is moved from the place where
ity; it is accepted for movement into or onto
An elevator maintenance agreement: an aircraft, watercraft or "auto"-
'
e, • t'
b. While it is in or on an aircraft, water-
f. That part of any other contract or agree- craft or"auto"; or
merit pertaining to your business(includ-
Ing an indemnification of a munlcipajty a While it bEling rrinlro.i from
n connect on with work performed for craft, watercraft or"auto"to the place
a municipality) under which you assume where It is finally delivered;
the tort liability of another party to pay but"loading or unloading" does not include
for'bodily injury"or property damage the movement of property by means of a
kduil mF/nD1Ld rml"ial of Irri+arm Swig nl6o;1M.W`h lu ram.,Jm
SS2001 Ed. 4-99 rwrnrtn-1MsLns'"ry'VO ti Q� Mry,°,1010 uraB"9I1 1 a"l rVitr=
Page 14 of 17
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0910612009 14:44 Humble&Davenport (FAI)425 255 9342 P.0181020
mechanical device, other than a hand truck, (3) Air compressors, pumps and en-
that Is not +h f, a + +t.
ors,including spraying,welding,
craft or "auto". building cleaning,geophysical explo-
12."Mobile equipment" means any of the fol- ration, lighting and well servicing
lowing types of land vehicles, including any equipment
attached mach n rr o er qui rMe a means an accl ant, ncluding-r
a Bulldozers,farm machinery,forklifts and continuous or repeated exposure to sub--
other vehicles designed for use princi- stantiaily the same general harmfut condi-
pally off public roads; Lions.
Vehicles maintained or use solely on a a ve sing m ury"means in-
or next to premises you own or rent; jury, including consequential"bodily injury",
arising out of one or more of the following
III Vehicles that travel on crawler treads; offenses-
se arres , etent on or imprisonment;
maintained primarily to provide mobility to permanently mounted: b Malicious prosecution;
(1) Power cranes,shovels,loaders,dig- c. The wrongful eviction from, wrongful
rders or drills; or entry Into, or invasion of the right of
private occupancy of a room, dwelling
(2) Flood construction or resurfacing or premises that a person occupies,
equipment such as graders, scrap- committed by or on behalf of its owner,
ers or rollers; landlord or lessor;
e_ Vehicles not described in a., b., c.or d. d. Oral or written publication of material
above that are not self-propelled and that slanders or libels a person or or-
are maintained primarily to provide mo- ganization or disparages a person's or
bility to permanently attached equipment organization's goods, products or ser-
of the following types vices;
(1) Air compressors, pumps and gen- e. Oral or written publication of material
orators, including spraying, welding, that violates a perscrI right of privacy;
building cleaning,geophysical explo- MiCannrnnriahin E tea.. +�_ .a _
equipment; or style of doing business; or
(2) Cherry pickers and similar devices 4 Infringing upon another's copyright trade
used to raise or lower workers; dress or slogan in your"advertisement".
f. Vehicles not described in a, b, c.or d. 15."Pollutants' mean any solid, liquid, gaseous
above rnaintainedprimarily for purposes or thermal irritant or contaminant, including
other than the transportation of per- smoke, vapor, soot, fumes, acids, alkalis,
sons or cargo chemicals and waste.Waste includes mate-
rials to he rpnyclod, ran fttione d
ar re
me
However, self-propelled vehicles with claid.
the following types of permanently at-
tached equipment are not"mobile equip-
16 "products-completed operations hazard":
ment" but will be considered "autos": a includes all"bodily injury" and"property
(1) Equipment with a gross vehicle damage"occurring away from premises
weight of 1000 lbs. or more and you own or rent and arising out of"your
designed primarily for. product' or "your work" except
(a) Snow removal; (1) Products that are still in your physi-
cal possession; or
16) Road maintenance, but not can- (2) Work that has not yet been com-
pleted or abandoned.However,"your
(c) Street cleaning; work" will be deemed completed at
(2) Cherry peckers and similar devices
e earliest o t e o lowing times
mounted on automobile or truck (a) When all of the work called for
chassis and used to raise or lower in your contract has been corri-
workers; and plated
Irridae GMAdMd[nro(dl a tanner 5rI II he,vidr Nr Iva,ri^dm
952001 Ed ss
4-99 =qVI es,n 'drC0kd sarimr arra l M 1997
� ry cmpv,y, page 15 of 17
—Received Time—Sep. 9. -2009 2:38PM—No, 4837
0910912009 14:44 Humble&Davenport (FAX)425 255 9342 P.019102O
(b) When all of the work to be done b. Any other alternative dispute resolution
procee ng in w Ich such damages are
plated if your contract coils for claimed and to which the insured sub—
work at more than one job site. mits with our consent
(c) When thatpart of the work done 19."Temporary worker" means a person who
t a jab site her,6eerr� s rnls e o you o substitute for a per
Intended use by any person or manent "employee" on leave or to meet
organization other than another seasonal or short—term workload conditions_
contractor or subcontractor 2D."Your product' means
working on the same project
Work that may need service, main— a Any goods or products, other than real
tenance, correction, repair or re-- property, manufactured, sold, handled,
placement, but which is otherwise distributed or disposed of by:
complete, will be treated as com M you,
—
pee . '
(2) Others trading under your name;or
b. Also includes"bodily injury"and"prop—
erty damage"arising from the consump— (3) A person or organization whose
tion of food or beverages sold, handled business or assets you have acquired;
or distributed as "your product' at any and
premises you own or rent 4 Containers (other than vehicles), mate—
c. Does not include"bodily injury"or"prop— rials, parts or equipment furnished in
erty damage" arising out of., correction witti such roads or prod—
ucts,
11) The transportation of property,un— "Your roducP' includes less the injury or damage arises out p
of a condition in or on a vehicle a. Warranties or representations made at
created by the "loading or unload— any time with respect to the fitness,
Ing" of that vehicle; quality, durability, performance or use
12) The existence of tools, uhinstalled of"your product; and
equipment or abandoned or unused b. The providing of or failure to provide
materials" or
13) Products or operations for which the "Your product'does not include vending me—
classification, listed In this Cover— chines or other property rented to or lo—
age Part states that products—com— cated for the use of others but not sold.
plated operations are subject to the
General Aggregate Limit 21."Your work" means:
17.'Property damage" means- a Work or operations performed by you
MIS O
a Physical injury to tangible property, In—
or on your behalf; and
en umrs e
property. All such loss of use shall be in connection with such work or ep—
deemed to occur at the time of the erations.
physical injury that caused it or "Your work" includes'
b. Lose of use of tanglbte Property that is a Warranties or representations made at
not physically injured. All such loss of any time with respect to the fitness,
use shall be deemed to occur at the time
of the "occurrence" that caused It of "your
durability, performance or use
of "your work";and
l l3."Suit' mean.- a civil proceeding to which b. The providing of or failure to provide
damages because of"bodily injury","prop— warnings or instructions.
erty damage or personal and advertising
Injury" to which this insurance applies are SECTION VI - NUCLEAR ENERGY LIABILITY
alleged. "Suit' Includes- EXCLLISION
a An arbitration proceeding in which such the insurance does not apply:
damages are claimed and to which the 1. Under any Liability Coverage, to"bodily in—
our consent; or insured mustsubmit or does suhmitwith jury" or "property damage
I-NkAa%apy&Md IMIMins el osr�IM VJdrIts pw,,S 'v.
OTY04L 1 m Swans 00iire.I=, 1997
9=01 Ed 4-99 C921nGhL M9a rmr,m.i rr=Ily Carp",as 1,,ddij ul eel nnl rmldu> Page 16 of 17
—Received Time—Sep, 9. -2009 2: 38PNI No. 4837
,0910912009 14:45 Humble&Davenport (FAH)425 255 9342 P.0201020
a_ With respect to whirl,an Insured under As used in this exclusion:
the nnlinv ie also
n insured Linda, a
nuclear energy liability policy issued by "Hazardous properties' include radioactive,
Nuclear Energy Liability insurance As- toxic or explosive properties;
sociation, Mutual Atomic Energy Liabil- "Nuclear material" means"source material,"
ity Underwriters,Nuclear insurance As-socmater and "
is Ion r ana a or any of their material,"which have the meaningsgiventham
successors,or would be an insured under in the Atomic Energy Act of 1954 or in any
any such policy but for its termination law amendatory thereof;
upon exhaustion of its limits of liability;
or "Spent fuiar,means any fu
b. Resulting from the "hazardous proper- 1011tol fuel!
component solid or liquid which has been
ties" of "nuclear material" and with re- used or exposed to radiation in a nuclear
spect to whlch I I 1 any person or orga- reactor";
nization is regi tired to maintain-firianeizr "Waste"rno2nc
protection pursuant to the Atomic En- taming"by-product material"other than the
ergy Act of 1954, or any law amenda- tailings or wastes produced by the extrac-
tory thereof, or (2) the insured is or tion or concentration of uranium or thorium
had this policy not been issued would from any ore procossed primarily for its
be,entitled to indemnity from the United "source material" content, and 121 resulting
States of America,or any agency thereof, from the operation by any person or orga-
under any agreement entered into by the nization of any"nuclear faciliity"includedunder
United States of America,or any agency the first two paragraphs of the definition
thereof, with any pnri;onnr org.,n� of °nuclear farvlity,
tion. "Nuclear facility" means:
2. Under any Medical Expenses coverage, to a. Any "nuclear reactor";
expenses incurred with respect to "bodily
injury"resulting from the"hazardous prop- h Any equipment or device designed or
ertjes" of "nuclear materlal" and arising out used for I I I separating the isotopes of
of the operation of a "nuclear facility" by uranium or plutonium,(2)processing or
any person or organization. utilizing"spent fuel",or(3)handling,pro-
3. Under anv Liability royprn e r .b ,rl l Gassing or packaging "waste";
jury" or "property damage" resulting from c. Any equipment or device used for the
the"hazardous properties"of"nuclear ma- processing, fabricating or alloying of
terial", if: "special nuclear material" if at any time
a The"nuclear material"(1)Is at any nuclear the total amount of such material in the
faclAy owned by, or operated by or on custody the insured at the premises
where such equipment oro device is Jr-
behalf of, an Insured, or {2) has been n
discharged or dispersed therefrom; Gated consists of o contains more than
25 grams of plutonium or uranium 233
b. The "nuclear mntarial" Iccro„rant ffd in or ADUCOMbinahfin—nt1 120CF, o=Mor
ti-o i
"spent fuel"or"waste"at any time pos- 250 grams of uranium 235;
sessed,handled,used,processed,stored, d Any structure, basin, excavation, pre-
transported or disposed of by or on raises or place prepared or used for the
behalf of any insured; or stnrarge or disposal of "waste";
c. The "bodily injury" or "property dam- and includes the site on which any of the
age" arises out of the furnishing by an foregoing is located,all operations conducted
insured of services, materials, parts or on such site and all premises used for such
equipment in connection with the plan- operations;
Wing,construction,maintenance,opera-
tlon or use of any "nuclear facility", but "Nuclear reactor means any apparatus da-
if such facility is located within the United signed or used to sustain nuclear fission in
States of America, its territories or a self-supportingchainreactionortncon-
ossessions or Canada, this exrlucl ta' a critical macs of
ficcinno r ,_
Ve applies only to"property damage"to "Property damage"includes all forms of ra Cher a uclear faculty" and any property dioactive contamination of property.
3r dmks°glridrKl"nlyymat"f Ircar�rm Avlru:otir Ilc, ,h r,pw j—
9S2001 Ed. r4-99 ORMi 1099 AFL"fal 1i Savl=0(6m Ire. 1097
�,' ay raipur%as to- IIlovl led and r"AL,on Page 17 of 17
—Received Time—Sep, 9. -2009— 2 ; 38PM—No, 4837
REQUEST FOR MAYOR'S SIGNATURE
• Please FIII in All Applicable Boxes
KENT V✓gSHINGTON This form mast he printed on cherry paper
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator Ken Langholz Phone (Originator) 5516
Date Sent 5/23/12 Date Required 5/30/12
Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12
VENDOR NAME: Rittenhouse Consulting DATE OF COUNCIL APPROVAL: N/A
Brief Explanation of Document
The attached agreement is for Rittenhouse Consulting to provide negotiation services for the acquisition of right-of-way
for the Kentview Sewer Interceptor Project
Al/Contracts Must Be Routed Through the Law Department
(This Area to be Completed 8y the Law Department)
Received- `EIEI,.r�
Approval of Law Dept.:
MAY 242012
Law Dept Comments:
ENT LP ' DEPTo :ty cot Inept
office of oe tie}Per
Date Forwarded to Mavor
Shaded Areas to Be Completed by Administration Staff
Received- nn
Li
Recommendations & Comments: uAY 2 5 2012
1 - ID
Disposition: CITY OF KENT
CLEP,K
Date Returned:
Iage5870_tempiatebase • 2/07