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PW11-164 - Amendment - #2 - Rittenhouse Consulting - Horseshoe Bend Levee - 01/02/2013
. ..&G,�C. .. . Records Management KENO WASHINGTON Document 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: 4P(r) tk - ,(,p This is assigned by City Clerk's Office Project Name: Horseshoe Bend Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: /-.;2- Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2013 because additional work is still required to close out the relocation services to property owners. s Pub lic\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 3 S 00000**4 KENT Wp5HI N(.T( I AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Rittenhouse Consulting CONTRACT NAME & PROJECT NUMBER: Horseshoe Bend Levee ORIGINAL AGREEMENT DATE: April 19, 2011 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2013 because additional work is still required to close out the relocation services to property owners. 2. The contract amount and time for performance provisions of Section II Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $64,762.50 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $64,762.50 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $64,762.50 The parties acknowledge that the Agreement terminated by its own terms on December 31, 2012. However, the City and Consultant express their mutual intent and desire to reinstate the Agreement; extend its term through December 31, 2013; and amend the work to include additional duties to be performed in accordance with the same provisions set forth in the original Agreement, except as modified within this Amendment. In addition, the parties wish to ratify and affirm any and all acts consistent with the authority of the Agreement and prior to the effective date of this Amendment. AMENDMENT - 1 OF 2 Original Time for Completion 12/31/11 (insert date) Revised Time for Completion under 12/31/12 prior Amendments (Insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 12/31/13 (Insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: 1 Ud��SLs By: (slgn r (signature) Print Name c\y\t 4?� Pr t N Suzette Cooke Its 'b��Xv'{- I s Ma or 1 (title) / (title) DATE: 1 U,�� DATE: 1-3 APPROVED AS TO FORM: (applicable i Mayor's sign ture required Kent Law Department RlUenhouse Consulting-Horseshoe Bend 4 Rmd 2/Mad(al AMENDMENT - 2 OF 2 1 A S , ACORL , CERTIFICATE OF LIABILITY INSURANCE 07i/1M/Dz/z012) olz THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BfI')W. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED R :SENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed, If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT NAME Humble & Davenport Insurance Brokers, Inc. ticNaExt. PHONE 42S.226.8221 FAX A1C No 5.425.25934Z 3500 Maple Valley Highway ADDRESS- Renton, WA 98058 ® PRODUCER CUSTOMER ID 11, INSURER($)AFFORDING COVERAGE NAICR INSURED INSURERA. Maryland Casualty Insurance CO. Rittenhouse Consulting �o�rl INSURERB; Darwin Select Insurance CO. 6229 121st Avenue SE ��� L INSURER C: Bellevue, WA 98006-4422 ewr INSURER0- INSURER F. COVERAGES CE E NUMBER:GL/AU/SG REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 INSR TYPEOFINSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD MM/DD GENERAL LIABILITY PAS00014067 09/16/2012 09/16/2013 EACH OCCURRENCE $ 1,000,000 DAGE X COMMERCIAL GENERAL LIABILITY PRE MISES Ea�TE ence $ 1,000,00 CLAIMS-MADE FXI OCCUR MED EXP(Any one person) $ 10,000 A PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 P= N'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG $ 2,000,000 r 'OLICY jRo LOC $ AUTOMOBILE LIABILITY PAS000140675 09M6/2012 09/16/2013 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Par person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ A SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ � RETENTION $ E D03=xx PAS000140675 09/1612012 09/16/2013 ORY LIM TS X ETM AND EMPLOYERS'LIABILITY YIN A OANY FFICER/MEM EREXCLUDRIE ECUTIVE❑ NIA WA STOP GA EL EACH ACCIDENT $ 1,000.000 (Mandatory In NH) EL DISEASE-EAEMPLOYEEI$ 1,000,000 If yas,describe under EL DISEASE-POLICY LIMB s 1,000,000 DESCRIPTION OF OPERATIONS below B Professional Liability 030S3980 0311212012 03/1212013 $1M Occurrence $1M Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) tE: Right of Way consulting :ertificate holder included as an additional insured with respects to the work performed by the tamed insured for the certificate holder. :overage is Primary/Non-Contributory. CERTIFICATE HOLDER CANCELLATION FAX: 253.856.6S00 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent / Attn: Engineering Dept. Attn: Nancy Yoshitake AUTHORIZED REPRESENTATIVE 220 I14th" Avenue S E.Y6' LJ..yo Ke t, WA 98032 lRobert Davenport/BOB ©1988-2009 ACORD CORPORATION. All rights reserved ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD ACOR4 AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Humble & Davenport Insurance Brokers, Inc. Rittenhouse Consulting POLICY NUMBER Bellevue, WA 99006-4422 CARRIER NAIC CODE EFFECTIVE DATE. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER 25 FORM TITLE:ACORD Certificate of Liability Insurance Garage Liability INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD POLICYNUMBER DATE(MM/DDIYY) DATE(MMIDD/YY) LIMITS AUTO ONLY-EA ACCIDENT E ANYAUTO OTHER THAN EAACC E AUTO ONLY AGG E Automobile Liability INSR ADD'L POLICYEFFECTIVE POLICYEXPIRATION LTR INSRD POLICYNUL48ER DATE(MM/DDIYY) DATE(MM/DD/YY) A Excess/Umbrella Liability mSR A130% POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DDIYY) LIMITS E Other Liability ILTR POLICY NUMBER DATE(MMDD/YY)EFFECTIVE POLICY EXPIRATION LIMITS B i ACORD 101 (2008101) 02008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0910912009 14:39 Humble&Davenport (FAX)425 255 9342 P.0031020 06 ER IALGE ERALLIABELITY CG 2010 07 04 CAREFULLY. ADDITIONAL INSURED - OWNERS LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or aniaattnn s : Locafiant s Of Covered O eretlons As required by written agreement or contract. _ Information required to complete this Schedule,if not shown above will be shown in the Qeclarations, A. Section II -- Who Is An Insured is amended to B. With respect to the Insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exctu- organization(s) shown in the Schedule, but only sions apply. with respect to lability for"bodily injury", "properly This Insurance does not apply to "bodily injury" or damage or "personal and advertising injury "property damage"occurring after caused,in whole or in part, by 1. Youracts or emissions; or 1. All work, Including materials, parts or equip- ment furnished in connection with such work, e ac s or omissions ot those acting on your on the project(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 additional 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 or the same projecL i cry 2n 10 n7 04 0 ISO Proporticc, Inc, 26p4 Page 1 of 1 -Received Time-Sep, 9, -2009— 2;36PWrNo. 4837 • 1 ' }i 09/0912009 14:39 Humble&Davenport (FAX)425 255 9342 P.0041020 POLICY #PAS000140675 ror Primary coverage see oage 12 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage_Read the entire policy carefully to determine . Throughout this policy the 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 ll-WHO IS AN INSURED. Other words and phrases that appear in quotation marks have spacial meaning.Refer to SECTION V -DEFNMONS, Coverage provided by this form is also subject to all the Conditions in the COMMON POLICY CONDITIONS form. E SECTION OF THIS FORM BEGINS ON PAGE Section I- Coverages 1 I Coverage A.Bodily Injury and Property Damage Liability 1 Covarase B.Personal and Advertising Injury Usbility Coverage C. Medical Expenses 7 Supplementary Payments Coverages A and 6.„ _ .__.,7 Section Il - Who Is An Insured........___.._..__._" _6 Section Ill - L'units of Insurance _. .__ 1 D Section IV- Commercial General Liability Conditions.- _.i 1 Section V -Deflnitlons...._....__._._____ Section VI - Bread Fnnn Nnr.Iaar Fv�lucfnn [(� SECTION I - COVERAGES not apply. We may, at our discretion, COVERAGE ABODILY INJURY AND PROPERTY investigate any "occurrence" and settle DAMAGE LIABILITY any claim or "suit that may result. But 1. insuring Agreement [1) The amount we will pay for dam- ages is limited as described in SEC- a_ We will pay those sums that the insured TiDN III-t WITS OF INSURANCE,and becomes legally obligatad to pay as damages because of "bodily Injury" or (Z} Our right and duty to defend end ° when we have used up the appl property damage" to which this insur- y cable limit ante applies We will have the right and Insurance duty to defend the insured against any meat of judd gmeentsatsorr settlements In the pay- --rage AorSorenadiaal suit'saecng t osa amagas owever, expenses under Coverage C we will have no duty to defend the in- sured against any "suit seeking dam- No other obiigahonorliability to pay sums ages for "bodily injury" or "property or perform acts or services is covered damage" to which this Insurance does unless explicitly providod for under Irh,ia+gryn{tMC V T I of!rtvc+ra I=OE INFO lrc,♦Jih IL yam�m cmyV., I rm Savlma arm�.� tssi SS2001 Ed. 4-99 CMAVht 19A 6hry and Czv ky Pmpany,CA i"2".t m t nld vfdv° Page 1 of 17 Received Tine—Sep. 9. 2009 2;381`0o, 4831 0910912009 14:40 Humble&Davenport (FAX)425 255 9342 P.0051020 SUPPLEMENTARY PAYMENTS - COV- (b) Such attorney fees and lid ation -ERAUES expenses are for defense of that b- This insurance applies to "bodily injury" party against a civil or altema- and"property damage" only if: ttve dispute resolution proceed- ing in which damages to which -1.1)_7hpa"horijly InILIC14'or propertty HAM- this Insurance age" Is caused by an "occurrence" that takes place In the "coverage Liquor Liability tarritory";and 'Bodily injury"or"property damage"for nl The"h dily injurer'or prnpertyl dam which any Insured may be held liable b reason o age" occurs during the policy pe- . Acid. III Causing or contributing to the in- o. Damages because of"noddy injury"in- toxication of any person; or organization for care, loss of ser- ages to a person under the legal vices or death resulting at anytime from drinking age or under the influence the"bodily injury". of alcohol; or 2. Exr"luslons (2) Any statute,ordinance or regulation This insurance does not apply ta: relating to the sale, gift, distribution or use of alcoholic beverages. a. Expected Or intended Injury This exclusion applies only if you are in alas " _ buihasg ", expected or intended from the stand- uting, selling, serving or furnishing al- pointof the Insured This exclusion does coholfc beverages. not apply to"bodily Injury"resulting from d Workers' Compensation And Similar the use of reasonable force to protect Laws persons or property. b. Contractual Liability Any obligation of the insured under a workers' compensation, disability ben- 'Bodily injury"or"property damage"for efts or unamploymentcompensation law .,hish 21.., ..d i I' J a "1..., damages by reason of the assumption of liability in a contract or agreement Employer's Liability .This exclusion does not apply to liability "Bodily Injury" to: for damages: Ilk An "employee" of the insured arls- (1) Thst the insured wauid have in the ing out of and in the course of: absence of the contract or agree- ia) Employment by the insured; or Mary,; or %5=)��ei�ce,n� az.�am lb) 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 erty damage" occurs subsequent to (2) The spouse,child,parent,brother or the execution of the contract or sister of that"employee" as a con- agreement Solely for the purposes sequence of Paragraph 6)above. of liability assumed in an "insured This exclusion a Iles contract', reasonable attorney fees pP and necessary litigation expenses 11) Whether the insured may be Jlable incurred by or for a party other than as en employer or In any other ca- an insured are deemed to be dam- paclty; and ages because of "bodily injury" or "property damage", provided (2) To any obligation to share damages la u t I with or repay someone else who WE- the cost of,that parry'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 contr µaC. Irdideo ml`Yd h�J Iml�bl bf 1�—5e1t—Oam Im,alai Ito F--niW m rl i.IMt�alm 6�+Im:arum Irzt 1"�'r 952001 Ed.4-99 CtRndh 199 q%Him,;ord r, Ily rplry,"a Iaud�Yoal ir+l"d rmrdvn page 2 of 17 • —Received Time—Sep. 9.-2009 2:38PN>—No. 4837 1 0910912009 14:40 Humble&Davenport (FAX)425 255 9342 P.0061020 i f' Pollution on any Insured's behalf are per- (1) "Badily injury"or°property damage" orm ng operations If the "pol- arising out of the actual, alleged or lutants' are brought on or to the threatened discharge, dispersal, prom ises,site or location in con- seepage, migration, release or es- nectlon with such operatiCns by contractor. However, this sub- lai At or from any premises,site or paragraph does not apply to, location which is or was at any 11) "Bodily injury" or "property time owned or occupied by, or " o,a y 1 sure , escape of fuels,lubricants or However,thissubparagraph does other operating fluids which not apply to are needed to perform the (F "Bodily injury" if sustained normal electrical,hydraulic or —WiiMin a building and emsed mErn2nical functions neces- by smoke, fumes, vapor or sary for the operation of scat from aquipment used to "mobile equipment" or its heat that building; parts,if such fuels,lubricants pi) "Bodily injury" or "property or other operating fluids oc- damage" for which you may designedfrom to hold, store or be held liable, if you are a receive them.This exception contractor and the owner or does not apply if the"bodily ae such ra i • c c or grope amage or location has been added arises out of the Intentional to your policy as an additional discharge. dispersal or re- insured with respect to your lease of the fuels, lubricants ongoing operations per- or other operating fluids, or formed for that additional If such fuels, lubricants or insured at that premises,site other operating fluids are or location and such pre- brought on or to the pre- mises,site or location is not mises, site or location with and never wgl owned or 11 occupied by, or rented or ey a is- loaned to,any insured other charged, dispersed or re- leased as part of the opera- than that additional insured; tions being performed by or such insured, contractor or (ill) "Bodily injury" or "property subcontractor; damage"arising out of heat, 60 "Bodily injury" or "property smoke or fumes from a damage" sustained within a "hostile fire"; building and caused by the ibl At or from any premises, site or release of gases, fumes or - location which Is or was at any vapors from materials time used by or for any insured brought into that building in or others for the handling,stor- connection with operations age, dispusul, processing or onl lourbformeday you r treatment of waste; Y Y for or subcontractor; or Ic) Which are or were at any time transported, handled, stored, (lip "Bodily injury" or "property treated, disposed of, or pro- damayu" arising out of heat, cessed as waste by or-for any smoke or fumes from a insured or any person or orga- 'hostile fire", or nization for whom you may be le) At or from any promises,site or legally responsible; �t{6n ma„icheryy Ilr Uri or fd) 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- I tors working directly or indirectly forming operations Ir the opera- Ire1Wv,.�rlpil{"�d�lreurial2vorm Smwvl�sl�(orlr�o 11997 952t)l11 Ed, 4-69 nP/rr¢L Ills Nn y��i a"�g cagnr.M W 066lml led erd r 16= age 3 of 17 —Received Time—Sep. 9. -2009— 2:38PM—No- 4837 09109/2009 14:40 Humble&Davenport (FAX)425 255 9342 P.007102O tions are to test for, monitor, (4) Liability assumed under an "insured remove,clean up, contain, treat, contract" or the ownership, main- detox fy or neutralize, or in any tenance or use of aircraft or wa- way respond to, or assess the tercraft; effects of, "pollutants". 15) "Bodily injury'or"property damage" r wry loss,cast arexpe se anstng out arising Outof a operation of any of any: of the equipment listed in Paragraph (a) Request,demand,order or statu— f.(2)orf.(3)of the definidon of'mo— bile equipmene tory or regulatory requirement , or n aircraftyou o not awn that you for, monitor, clean up,remove, charter with crew. contain, treat, detoxify or neu- tralize,or in any way respond to, Or assess lutants"; or arising out of: lb) Claim or suit by or on behalf of 11) The transportation of"mobils equip- a governmental authority for ment" by an"auto" owned or oper- damages because of testing for, ated by or rented or loaned to any monitoring, cleaning up,remov— insured; or ing,containing,treating,detoxi— (2) The use of "mobile equipment' in, fying or neutralizing, or in any The use in practice far, g Rig way responding to, or assess p ,orwhilebein rr_tts of: t _ I _ ally FA 3211011gedrau— Ing, speed, demolition, or stunting However, this paragraph does not activity. apply to liability for damages because t War of "property damage" that the in- sured vwuid have in the absence of "Bodily injury"or"property damage"due such request, demand, order or to war,whether or not declared,or any statutory or regulatory requirement, act or condition incident to war, War or such claim or"suit' by or on be- includes civil war, insurrection, robel- half of a governmental authority, lien ar r w3h Ve-I Thsetce(os(a es g Aircraft Auto Or Watercraft only to liability assumed under a con- tract or agreement the"Soddy injury" h "property damage" j Damage To Property arising out of e ownership, mainte- nance, use or ofdr ustment to othors of "Property damage" to: any aircraft,"auto"or watercraft ownod or operated by or rentod or loaned to Ill Property you own, rent, or occupy; any insured.Use includes operation and 121 Premises you sell,give away or aban- "loading or unloading" n__ _ 11, This exclusion does not apply to: out of any part of those premises. (1) A watercraft while ashore on pre- (3) Property loaned to you; mises you own or rent; (4) Personal property in the rare, cus- (2) A watercraft you do not own that tody or control of the insured; Is: 15) That particular part of real Property (a) Less than 51 feet long;and on which you or any contractors or subcontractors working diriactly nr IbI Not being usedto carry persons indirectly on your behalf are per- or property for a charge; , forming operations,if the"property, (3) Parking an"auto"on,or an the ways damage"arises out of those opera— next tin, premises you own or rent, tions; or prvviuf�d the o Is not owhody 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 performad on it kd,U emlfd*md"vlcl"i or iv, .sa;i airim.im,011 IL p"1rirdm 9S200 1 Ed. 4-99 ";1 Ire p V r."'j,U,1,,ffdU=l 1.1"1 r,Ti= Cgrrrdi rs9v,"" °"�G""I " Page 4 of 17 Received Time—Sep, 9. -2004 2;38PM—No. 4837 I 0910912009 14:41 Humble&Davenport (FAX)425 255 9342 P.0081020 Paragraphs(1),(3)and (41 of this exclu- the loss of use, withdrawal recall in- slun do Put apply to damage, spection,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 d our days.A p separate limit of insurance aRpltes to (2) "Year wart' o Tenants Legal Liability as described in SECTION III - LIMITS OF iNSURAN;E, 13) "Impaired property"r- Paragraph(2)of this exclusion does not if such product work, or property is apply if the premises era "Inl Ir +rlrk" withdrawn or recalled from the market and were never occupied,rented or held or from use by any person or organi- for rental by you. zation because of a known or suspected defect;, deficiency, inadequacy or dan- Paragraphs (3), (4), (5) anct 16) of this gerous condition in it exclusion do not apply to Ilabllit y As- sumed under a sidetrack agreement. o Professional Paragraph(6)or this exclusion does not 11)•"Bodily injury"or"property damage" apply to"property damage„ included in arising out of the rendering or fail- the "products-compieted operations ure to render any professional ser- hazard". vice, including but not limited to: k Damage To Your Produce (a) Accounting,advertising,architec- tural,drafting,engineering,finan- 'Property damage" to "your product" cial insurance or Iggal services rWily Jim Lo advice and Instruction; 1. damage To Your Work (b) Medical, cosmetic, dental, ear 'Property damage"to"your work"aril- piercing,hairdressing,massage, ing out of it or any part of it and in- physical therapy. veterinary, eluded in the"products-completed op- nursing, surgical or x-ray ser- orations hazard". vices, advice and instruction; This exclusion does not apply if the (c) Use of any tanning•booth, tan- damaged wn _nr t P Urnrk_o Mawr'h— ning bed tanning equipment or the damage arises was performed on tanning device; your behalf by a subcontractor. (d) Laboratory operations or Ber- m. DamilTo Impaired Prop arty Or Prop- vices, whether medical or not; erty Not Physically Injured and "Property damage" to "impaired prop- (e) Services performed as a funeral arty"or property that has not been physf- director or as an operator of a tally injured, arising out of: cemetery; and da ec, e Ic ency, na equacy or or dangerous condition in"your prod- Instruction for the purpose of i or"your work"; or appearance or skin enhancement, hair removal or replacement or 12) A defay or failure by you or anyone persanal grooming. acting on your behalf to perform a (2} This exclusion does not apply to: contract or agreement In accordance with its terms. [a) Pharmacological sorvices ifi 7hls exclusion does not apply to the loss (7 You do business as a retail of use of other property arising out of drugstore and do notmanu- sudden end accidental physical Injury to facture or compound in bulk ',your product" or "your work" after it pharmaceuticals for sale by has been put to its intended use. others; and c s, or r mpare (il) The"bodily injury"or"prop- Property arty damage" is not caused Damages claimed for any loss, cost or by the willful violation of a expense incurred by you or others for penal statute or ordinance hrJ,du"¢p�,i�rM "ciadul al Irtxfuarjl vim" I ke.7 Im pmi:"m Cgry' Ircanccn Se^+Ima Ord I,c, 1997 gs20 01 E4 4-99 lli�L 'M_,I°n G �N Ta"•a�lv ov36v tl le,l a d nvL�vw Page 5 of 17 I —Received Time—Sep, 9.-2009— 2, 38PW-No• 4837 0910912009 14:41 Humble&Davenport (FAX)425 255 9342 P.0091020 relating to the sale of phar- the offense was committed in the"cov- &rage territory" during the policy pa- knowledge or consent of any rind. insured; 2 Exclusions (b) Optical or hearing aid services, ration,production,mounting,fit- a "Personal and advertising injury ting, demonstration or distrbu- tlon of ophthalmic lenses and 11) Caused by or at the direction of the similar products or hearing aid insured with the knowJgdgP 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 - v Icab of material, if done by or at Exclusions c,through o.do notappiy to"prop- the direction or the insured with arty, damage" to premises while rented to you knowledge of its falsity; or temporarily occupied by you with parmis- (3) Arising out of oral or written pub- sion oftha owner,A seperAB limit of Insurance licatlon of material whose f irst pub— applies to Tenants Legal Liability,as described lication took place before the be- In SECTION IIi - LIMITS OF INSURANCE ginning of the policy period; COVERAGE B. PERSONAL AND ADVERTISING (4) Arising cut of the willful violation of i fMIll a penal statute or ordinance com- 1. Insuring Agreement nnitted by or with the consent of any insured; a Ws:will pay those sums that the insuredbec (5) For which the insured has assumed damages legally obligated al pay as liability in a contract or agreement vertdamages because of"personal and ad—nce This exclusion does not apply to If— applies. injury"to which this insurance ability for dame es that theinsured applies. We will have the right and duty tl' 9 would have in the. absence of the wou to defend the insured against any suit' � ^ --•. will have no duty to defend the insured (61 Arising out of a breach of contract, against any"suit" seeking damages for except an implied contract to use ;his and advertising injury"to which another's advertising idea in your this insurance does not apply. We may, 'advertisement'; at our discretion,investigate any offense and settle any claim or "suit' that may (7) Arising out of the failure of goods• result. But products orservices to conform with any statement of quality or perfor- (1) The amount we will pay for dam- Gv MaEle In YOU �3[iiaSn791 ages is limited as described in SEC- (8) Arising out of the wren descrip— tion 11!-LIMITS OF INSURANCE;and g g descri tion of the price of goods, prod- 12) Our right and duty to defend end ucts or services stated in your"ad- when we have used up the appli- vertinemenY'; eabia limit of insurance in the pay- ment of judgments or settlements (9i 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 exeruslon does not Apply to No other obligation or liability to pay sums Paragraphs 14,a b.and o,of"per- or perform acts or services is covered tonal and advertising injury" under unless explicitly provided for under SECTION V - 1]ETiNiTiONS; or SUPPLEMENTARY PAYMENTS - CQV- threatened discharge, dispersal, b. This insurance applies to "personal and seepage, migration, release or as- advertising injury caused by an offense cape of"pollutants" at any tima arising out of your business but only If WkAm VIVy d od mAnid of Q, =smvi m olr"n b- ,vldj ins Wm im Cm)dsiI 6c�ra S.M.Dr> Uc I937 952001 Ed. 4-99 ove;i t Ma Nu� o w ra=liy t-Tp=1,ss in°tdbanl I t o"+miltive Page 6 of 17 —Received Tirne Sep. 9,-2009— 2138PKIo, 4837 0910912009 14:41 Humble&Davenport (FAH)425 255 9342 P.O1O1O2O I b Any loss, cost or expense arising out a. To any insured of Orly'. b. To a person hired to do work for or on (1) Request, demand or order that any bah, of any Insured or a tenant of any Insured or others test For,monitor, Insured clean up, remove, contain, treat, 1 respond to, or assess the effects mises you own or rent that the person of, "pollutants`; or normally occupies. (2) Claim or suit by or on behalf of a d. To a person, whether or not an "em- because of testing for, monitoring, the"bodily injury" are payable or must cleaning up, removing, containing, be provided under a workers'comQen- treating, detoxifying or neutralising, sation or disabilrtybenefits law or a similar or in any way restending to or as- law. sassing the affects of, "pollutants". is. To a person injured whlla taking part in COVERAGE C.MEDICAL PAYMENTS athletics, I. insuring Agreement f, Included within the"products-completed a We will pay medical expenses as de- oparationc hazord". scribed below for"bodily Injury"caused g. Excluded under Coverage A by an accident h. due to war,whether or not declared,or (1) On Premises you own or resit any act or condition fncidentto war,War me udes civil war, Insurrection, rebel- (2) On ways next to premises you own Ron or revolutiom or rent; or SUPPLEMENTARY PAYMENTS - COVERAGES (3) Because of your operations; A AND B provided that 1- We will pay, with respect to any claim wei 11) The accidenttakes place in the"cov- investigate or settle,or any"suit'against an Braga territory"and during the policy insured we defend: 12) The expenses are incurred and re- b. The cost of bail bonds required because ported to us within three years of of accidents or traffic law violations the data of the accident;and arising out of the use of any vehicle to 13► The injured person submits to ex- which the Oodily Injury Liability Cover- amination, at our expense, by phy- aga applies. We do not have to furnish sicians of our choice as often as we these bonds reasonably require, o. The cost of bands to release attach- e these paymen regar - the applicable limit of Insurance We do less of fault These payments will not not have to furnish these bonds. exceed the applicable limit of insurance. We will pay reasonable expenses for: d. All reasonable expenses incurred by the 11) First aid administered at the time of insured at our requust to assist us in the an accident; investigation or defense of the claim or "suit", including actual loss of earnings (2) Necessary medical, surgical, x-ray up to s250 a day because of time off and dental services,Including pros- from work. thetic devices, and e, All costs taxed against the Insured in the J31 Necessary ambulance,hospital,pro- "stiff". fossional nursing and funeral ser- f. Prejudgment interest awarded against the ViCCS. n 2 Exclusions pay If we make an offer to pay the ap- plicable limit of Insurance, we will not We will not pay expenses for "bodily In- pay any prejudgment Interest based on Jury": that period of time after the offer. Ir4XIVA all &aa IAIIwrel cit WO,xn, 1r %vh Ile pslriom 6olnma Soroiw OIR�he IM7 952001 1 d 4-98 rM isle.nn a d L'"mlry Lorpty,La 1"nbli" )fan➢M m4da Page 7 of 17 —Received Time—Sep. 9, -2009— 2:38PFNo, 4837 09109/2009 14:42 Humble&Davenport (FAX)425 255 9342 P.0111020 g. All interest on the full amount of any (2) Provides us with written authorize- LM Unu Y Lyr MIon o: judgment and before we have paid, of- {aJ Obtain records and other fnfor- fered to pay, or deposited in court the motion retards to the"suit", and part of the judgment that is within the applicable limit of insurance e,t r a +- athe!def a,Iset These payments will not reduce the limits of the indemnitee in such "suit. of insurance. So Tong as the above Conditions are met 2 If we defend an insured against a"suit and attorneys' fees Incurred by us in the de- fonrc F fh..F:n.l.�......ta.. an_hd '+ L4he in'Sed"7$3iSe-TIaTTiE6 "" — as a party to the "suit',we will defend that tion expenses incurred by us and necessary indemnitea if all of the following conditions litigation expenses incurred by the indem•- are met nitee at our request will be paid as Supple- mentary Payments.Notwithstandin the ro- " islons o aragrap 2b. of SECTION I- damages for which the insured has as- COVERAGE Af-BODILYINJURYAND PROP- sumed the liability of the fndernnitee in a ERTYDAMArMLL*U-",such payments will can tract oragreemant that isan'insured not be deemed to be damages for"bodily contract"; injury" and"property damage' and will not h. 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 +t, .r r c a, nPraeaanr h+l�afi�n Dune rs r been assumed by the Insured in the same tary Payments ends when: "Insured contract; It, We hava 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 settlemants; or rence'ara such that no conflict appears b. The conditions set forth above, or the to exist between the interests of the terms of the agreement described in Insured and the interests of the indam- . Paragraph f,above,are no longer met hitee; - WHO IS AMNSURED L. The indemnitea and the insured ask us to conduct and control the defense of 1 If you ere designated in the Declarations as; that indemnitea against such "suit" and a_ An individual, you and your spouse are agreethatweaan assign the same coun- Ineuredo, 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 indemnitea: b. A partnership or joint venture, you are f1) Ag'oes in ners,and their spouses are also insureds, ia) Cooperate with us in the roves- but only with respect to the conduct of tigatlon, settlement or defense your business• of the "suit, c• A limited liability company, you are an iN Immediately send us copies of insured Your members ere also Insureds, any demands, notices, sum- but only with respect to the conduct of monses or legal papers received your business, Your managers are In- In connection with the "suit'; sureds, but only with respect to their (c) Notify any other fnsurer whose dutlas 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 officers" and directors are In- insurance available to the indetn- sureds, but only with respect to their nitee, and duties as your officers or directors,Your stockholders are also insureds,but only with rnspecttn their liability as etock- kdui=.wppllUdcd=UU.�fdI Of Leu"m,Sml".:DIEM Im,Nia,Its psnlcJa, 9S2OC 1 Ed 4-99 agnpa 189R. adl�icv���1 1,olr� I2,1997 �.ac In odiLL�nl hqt nrd ra,fmrc Page 8 0# 17 —Received Time—Sep. 9•-2009— 2:38PM No, 4831 0910912009 14:42 Humble&Davenport (FAH)425 255 9342 P.0121O2O holders Your subsidier)es, and substd- any of your "employees". any iarian F sidi are insvr slf- partner cr member(if you are a (1) They are legally incorporated anti- partnership or joint venture), or ties, and any member(if you are a limited (2) You owh more than 50,o (lability oom peny). � stock in them as of the effective Any persona Fier ian your"employee"), date of this policy. or any organization while acting as your real estate manager. If such subsidiaries are notshown in the c. Any person or organization,Declare#i one, you must having = us within 1 BD days of the inception of temporary custody of your property if this policy, you die, but only; 2. Each of the following is also an insured: (1) With respect to liability arising out a. yeuf of the maintenance or use of that " our grope , 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 I[f you are a limited li- d. Your legal representative if you die,but shility company),but only for acts within only with respect to duties as such That the scope of their employment by you representative will have all your rights orwhile performing dutlesrdatedtothe and dutes under this Coverage Part conduct of your business:however,none you agree, because of a written con- (1) "Bodily injury" or"personal and ad- tract, to provide insurance such es 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 facffit[es ship or joint Venture), to your owned or used by you. members lif you are a limited Il-• This provision does not apply. ability company) or to a co--"em— T o aril--mAder-, is either in the course of his or sor of[eased equipment,grantor of her employment or performing a franchise, engineer, architect or- duties related to the conduct of surveyor; or your business; (2) Unleca the contract has been signed iN To the spouse, child, parent, prior to the date of "bodily injury", brother or sister of thatco-"em- °property damage", or"personal or pioyea" as a consequence of advertising Injury". Paragraph d)(a)above; f n P. - 10 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(I)(a)or the ownership, maintenance, or use of (b) ahove;or thatpart of any premises leased to you. Id! Arising out of his or her pro- This does not apply to• 'occurrence"viding or falling to provide pro- (1) Any occurrence' that takes place fessional health care services, after you cease to be a tenant on those premises. (2) "Property damage"to property: 12) Structural alterations,new construc- is) Owned, occupied or used by, lion or demolition o stations per— Rented to, in the care, custody orm y or on a alf of such in- or control of, or over which sured. physical control is being exer- g. Any state or political subdivision,but only cised for any purpose by you, as respects legal liability incurred by the In�u�f�rh�J vvgla�fal of Inurar:a Snvim�e6oi Irc.wlv �ps,riaslm OS2001 Ed. 4-913 C"661h 199a M�ryfo.10"tyy r�"pq QS W Sl Ub.l,oa U'd[mid= Page g of 17 —Received Time—Sep. 9. —2009— 2:38PFNo. 4837 0910912009 14:42 Humble&Davenport (FAX)425 255 9342 P.0131020 i state or political subdivision solely be- offense committed before you acquired neon 'F has issued a pe,r t mcot nec a�ar�ea me organization lion with promises you own, rent, orcontrol for One of the hazards fisted No parson or organization is an Insured with below. respect to the conduct of any current or past rn The ev:�fo a � �,�� - partnership,joint venture orllmitedGabilitycom- _ Rae;repair pengvtat is not Sh as a Namednsure n construction,erection,or removal of the Declarations. edvertfsingslgns,awnings,canopies, SECIIOM1! Ill - LIMITS OF 1NSUftANCE cellar entrances coal holes, drive- ways,manholes,mar ueas,hofstawav@ openings, s ewe vaults, street larotions 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 orremoval of s eve ors; or aims made or s Y nought; or (3) The ownership, melntanance or use c• Persons or organizations making claims of any elevators covered by this pr bringing "suits". insurance 2 The General Aggregate Limit is the most we 3. With respect to "mobile equipment"reg(ss- will pay for the sum of. tared In your name under any motor vehicle a Damages under Coverags A, except registration taw, any person is an insured damages because of "bodily injury" or while driving such equipment along a public '�pr pwl u in Qe "!ig.. ig ayw Your permsslom Any otherper- ucts-completad operations hazard";and son or organization respDruslbla forthe con- duct of such person Is also an insured,but b• Damages under Coverage B. only with respect to liability arising out of The General Aggregate Limit applies sepa- rhe operation of tha equipment, and only If rately to each location owned by or rented no other insurance of any kind is avaflable to you Location,as used here,means pre- to that person or organization for this li- mises involving the some or connecting lots, ability.However.no person or organization or premises whose ronnactfon is inte-rupted Is an insured with respect to: orill,bya of a_ "Bodily injury" to a cD-"employee" of of-way of a railroad. the person driving the equipment, or 3. The Products--Completed Operations Ag- lx "Property damage" to property owned gregate Limit is the most we wilt pay under hy,rented to,in the charge cf or orcu- Coverage A for damages because of"bvdfly pied by you or the employer of any Injury" and "property damage" included In person who is an insured under this the "Products-completed operations haz- provision and". A rllf n,�a Finn i z c,",a F fo Ll. Su fn 7 ,.v. �_i lai- 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 avallable to that organization. However: organization. a Coverage under this provision is afforded 5. Subject to 2. or B.above, whichever ap- only until the 180th day after you ac- plies,the Each Occurrence Limit is the most quire or form the organization or the we will pay for the sum of, end of the policy period, whichever is a Damages under Coverage A; and earlier; b. Coverage A does not apply to "bodily b• Medical expenses under Coverage C Injury" or "property damage" that oc- because of ali "bodily injury"and"property___ o e you acqu re or orm— e� Cage arising out o any one"occurrence. the organization;and li_ Subject to 5.above, the Tenants Legal Li- c Coverage B does not apply to"personal ability Limit is the most we will pay under and advertising Injury"arising out of an Coverage A for damages because of"prop- �,dxh.¢p�r�nod n"tovi of lrtznlim 6wI�DIAca lnc wlh rw pv j dm 9S2001 Ed. 4-90 ceRnd". Ima,r�'s'�` r m saTNue,aifijira rK ry �a4y G .nry,a"to uditicrl Wt"til re+idoa Page 10 of 17 i Received Time—Sep, 9, -2009— 2: 36PM—No, 4837 09/0912009 14:43 Humble&Davenport (FAX)425 255 9342 P.0141020 arty damage" to any one premises, while legal papers received in connection w a calm or"suif; you with permission of the owner, arising out of any one"occurrence". (2) Authorize us to obtain records and 7. Subject to S. above, the Medical Expenseother information; age C for all medical expenses because of lion or settlement of the claim or "bodily injury"sustalhad by any one persom defenso against the"suit'; and The Limits of Insurance of this Coverage Part (41 Assist us, upon our request, In the period and to any remaining period of less than persoh or organization which may 12 months, starting with the beginning of the a liaBle to the insured because of policy period shown In'rhe Declarations, unless Injury or damage to which this in- the policy period is extended after Issuance for surance may also apply. an aciditionai period of less than 12 months In d No insured wilt,except at that Insured's that case,the additfdhal period will he daemed 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, pansa, other than for first aid, without SECTION IV- COMMERCIALC,ENERALUABILi1Y our consent CONDITiONS e_ Knowledge of *occurrence", claim or 1. Bankruptcy "suit"by an agent,servant or"employee" of an insured (other than an officer or R�'rnls3fv pa er ass not imply knowledge by of the nsured's estate will not relieve us of the insured unless the insured has re-- our obligations under this Coverage Pali calved notice from the agent servant 2. Dutles in'ihe Event Of Occurrence,Offense, or'employee". CiairnOrSuit f. Pallurebyan agent servant or"employee' a You must sea to it that we are notified of an insured [other than an "executive as soon as practicable of an "occur- officer", manager or partner) to notify rence" or an offense which may result us of an occurrence' will not be con- y ,,�._ ail J,- should'inctuda 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 (2) The names and addresses of any in- this Coverage Part jured persons and witnesses; and a. To Join us as a party or otherwise bring (3) The nature and location of any in- us into a"suit" asking for damages from jury or damage arising out of the an insured; or "occurrence" or offense. b. To sue us an this Coverage Part unless b. if a claim is made or "suit" is brought all of its terms have been fully complied against any insured, you must with A person or organization may sua us to re- the the claim o 'eco!' and the - cover on an agreed settlement or on i final the claim or suit and the data re- judgment against an insured obtained after calved; and an actual trial; but we will not be liable for 12) Notify us is soon as practicable. damages thatare notpayable underthe terms You must see to Itthat we receive written of this Coverage Part or that are in excess notice must the claim or"suit' as soon en of the applicable limitof insurance.An agreed practicable. settlement means a settlement and release of liability signed by us,the insured and the c You and any other Invoiyed insured mi ist claimants A �� 11) Immediately send us copies of any five. demands, notices, summonses or 4. Motor Vehicle Laws • I Lddes apyd�d"d,ni 1 ar4waie"i v Dv%Imk.7 "�r�.ana smlca�or�y r� rss7 I SS2007 Ed. 4-99 "da laser ry vlG�liv�7L l,a"iva23Yw rertncrm,l os Page 11 of 17 Received Time SeP• 9. 2009 2:36PM—No. 4637 09/0912009 14:43 Humble&Davenport (FAH)425 255 9342 P.0151020 I With respect to"mobile oquipmehl"to which SECTION I - COVERAGE A - IN,;inslu-anna • HO ILYINJURYANDPROPERTY a. When this Coverage Part Is certified as DAMAGE UABLITY. proof of financial responsibility under (2) Any other primary insurance avail- the provisions of any motor vehicle fi- able to you covering liability for nanrii resnnArm d1 r Ie,nr th ranee— oa a a sing ou c a�i 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 of Insurance required y When this Insurance 1s excess,we WIN that law have no duty under Coverages A or B to defend the insured against any claim or b. 'We will provide any liability, uninsured "suit"if any other insurer has a duty to motorists,underinsured motorists,no- defend the insured anaincr th-tclaim car fault or other coverages required by any "suit". If no other insurer defends, we motor vehicle insurance law. We will will undertake to do so, but we will be provide the required limits for those entitled tc the insured's rights againstall coverages those other insurers. 6. Other 1psvre Ice When this insurance is excess over other er valid and collectible Pisuc nce' vail- insurance,we will pay only our share of able to the insured for a loss we covet u ar the amount of the loss, If any,that e)e- Coverages A or B of this Coverage Ra ceeds the sum oC our abligal5ions are Iml ed as o ows tt (1) The total amount that all such other EL Primary insurance insurance would pay for the loss in the absence of this insurance; and This insurance i. primary except when (2) The total of all deductible and colf- 6_bylaw r obligations i this ire not a is pre- insured amounts under all that other Mary, our obligations are not affected unless any of the other insurance is also Insurance primary,Then,we will share with all that We will share the remaining loss,if any, other insurance by the method described vvit v r i arena h - In c,-De ow_ scribed in this Excess Insurance provi- b. Excess insurance lion and was not bought specifically to apply in excess of the Limits of insur- This insurance is excess over, ance shown in tha Declarations of this (1) Any of the other insurance,whether Coverage Part primary,excess,contingent or on any C. Method Of Sharing other basis; If all of the other insurance permits con- ta) That is Fire,Extended Coverage, t ' e by I inl a n,n 4.., ul e s Risk,Installation Risk or this method also Under this approach simifar coverage for"your work"; each insurer contributes equal amounts until it has paid its applicable limit of Ibl That insures for direct physical lass to promises rented to you insurance or none of the loss remains,or temporarily occupied by you whichuver comes first with permission of the owner; If any of the other insurance does not (c) That Is insurance purchased by permit contribution by equal shares,we you to cover your liability as a will contribute by limits. Under this tenant for"property damage"to method, each insurers share is based premises rented yeaorgem on the ratio of its applicable limit of porarily oocupled by you with insurance to the total apphcabJe limits permission of the owner; or of insurance of all insurers. (di It e Joss arises outof the main- prpmr tenance or use of aircraFt, 'rau- tos" or watercraft to the extent not subject to Exclusion g. of INAaa"ridn �rgLMvl 1�r S-vim Oi 6ml lane 110970,lire puniWal 952001 Ed 4-99 r`wa' "9hnryf51.lr'^tiWVw1,arIceetlll ll"d"rrllwldoo Page 12 of 17 Received Time—Sep. 9, -2009 2:38PM—No, 4831 0910912009 14:43 Humble&Davenport (FAX)425 255 9342 P.0161020 a_ We win compute all premiums for this will not invalidate or affect coverage for e r mrses ar opera,ons_SLit You must rules and rates. report such error or omission to us as soon b. Premium shown in this Coverage Part as practicable after its discovery, as advance premium is a deposit pre- 11.When We Do Not Renew Mium only, At the dese FA as vH li� Period we will compute the earned pre- If we decide not to renew this Coverage mium for that period. Audit premiums Part,we will mail or deliver to the first Named are due and payable on notice to the Insured shown in the Declarations written first Named Insured if the sum of the notice of the non-renawal not less than 30 —aEvarice and audit premrumspe d raun a e for the ore a axp o 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. S C. e rs aei Insured must keep I. "Advertisement meansanoticethatisbroad- records of the information an s nd need for cast or published to the general public premium computation,and sand us copies specific arket segments y P ur gllc or at such times as we may request products or services#about of 7. Represantations attracting customers or supporters. By accepting this policy,you agree: 2. "Auto" means a land motor vehicle, trailer a. The statements in the Decisrations are or semitrailer designed for travel on public aCCL�r�2 2{"a BEin'^r2t�, madr inrL n. - �" eq+ment But"auto"does hot include"mobile b. Those statements are based upon rep- equipment". resentations you made to us;and a "Bodily injury"means bodily Injury,sickness c. We have issued this policy in reliance or disease sustained by a parson. This in- upon your representations, cludes mental anguish,mental injury,shock, 13_ Separation Of insureds fright or death resulting from bodily injury, sickness or disease. Except with respect to the Limits of Insur- 4 vara y ainGr and assigned in this Coverage Part:to the first a_ The Unitod States of America(including Named Insured,this insurance applies its terriwnas and possessions), Puerto a As if Each Named Insured were the only Rico and Canada; Nomad insured; and b. International waters or airspace, pro- b. the injury or damage does not claimI b. Separately to each insured against whom occur in the course of travel or trans- portation to or from any place not in- 9. Transfer Of Rights Of Recovery Against rhripa in a 2h . e t wers To Us c. All parts of the world if: If the insured has rights to recover all or part of any payment we have made under (1) The Injury or damage arises out of: this Coverage Part, those rights are trans- lal Goods ar products made or sold ferred to us. The insured must do nothing by you in the territory described after loss to Impair them At our request in a.above; or the insured will bring"suit'or transfer those rights to us and help us enforce them, jb) The activities of a person whose home Is In the territory described This condition does not apply to Coverage in a above,butts away far a short C. Medical Expenses. time on your business;and 10.Unintentional Errors And Omissions (2) The insured's responsibility to pay the merits,in the territory described description of, or failure to completely in aabove or in a settlemantwe agree describe, any premises or opera0ons in- to tended to be covered by this Coverage Part ; r aa,o RPY r ��W uri sasatl=0 M Iw r 9%f Im wvi�m 9S2001 Ed, 4-99 rsr�, Dr rs�h r}nj Cowl,/C.7fv.t5 rn odiuov rwr Ol rr4dva Page 13 of 17 -Received Time—Sep. 9. 2009 2:38PWI—No, 4837 09109/2009 14:44 Humble&Davenport (FAX)425 255 9342 P.0171020 I B. 'Employee"inciudw a%eased worker"."Em- to a third person or or ,,ization Tort Pa in sans a is l' tnat would be worker . Imposed by law in the absence of any B. "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, ranctitution, by=1aws or any-atheer of allycont ac or agreement similar governing document (1} That indemnities 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 WAq 1FTtPnCi$d to he, operations, within 5D feet of any 8. "Impaired property" means tangible prop- railroad property and affecting any arty, Other than "your product" or "your railroad bridge or trestle, tracks, Work",that cannot be used or is less useful road-beds, tunnol, underpass or hecailee—�,- crnacingl a. it Incorporates"your produce or"your (2) That indernnffies an architect, Ong!- work" that is known or thought to be neer or surveyor for injury or dam- defective,deficient,inadequate or don- age arising out of: Qerous. or (a) Preparing, approving, or failing b. You have failed to fulfill the terms of a to prepare or approve, maps, contract or agreement; shop drawings,opinions,reports, surveys, field orders, change It such property can be restored to use by orders or: dr nos rid sp �° EL The repair, replacement, adjustment or fications; or removal of "your product" or "your (b) Giving directions or Instructions, work"; or or failing to give them,IF that is b. Your fulfilling the terms of the contract the primary cause of tFra 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 u f owever, that portion of the contract age arising out of the insured's fora lease of premisesthat Indemnifies rendering or failure to render prow any person or organization for damago fessional services, Including those by fire to premises While rented to you listed In (4 above and supervisory, or temporarily occupied by yuu with inspection,architectural or engineer- permission of the owner Is not an"in- ing activities sured contract'; 10,"Leased worker" means a person leased to b. A sidetrack agreement; you by a labor leasing firm under an agree- C. ny easement or license agreement, an e a or easing firm, to perform duties related to the conduct of except in connection with construction your business. "Leased worker" does not OF demolition operations on or within 50 feet of a railroad; include a "temporary worker". d. An obligation,as required by ordinance, 11."Loading oc unloading" means the handling to indemnify a municipality, except in of property: connection with work for a municipal- a After It is moved from the place where ity; it is accepted for movement into or onto e. 'An elevator maintenance agreement; en aircraft, watercraft or "auto'; E Thatpartof any othar contract oragree- b- While it is in or on an aircraft, water- mentpertaining to your business(includ- craft or"auto'; or ing an indemnification of a rnunrclp�aLty C. While it is hF-"Og Mn„>,f F MM _AR 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 radwd�+o> r;d+ 1 „i rrlm. —SMVl=Died;I2,win u"Fa.ar_dm 952001 Ed, 4-99 cwatdn IMEL M., tic�"`iID savl=meat IM 19Yr 'Y /wry.m la acudatl fad arts ra"ItT= Page 14 of 17 Received Time—Sep. 9. -2009 2:38PM No. 4831 i 0910912009 14:44 Humble&Davenport (FAH)425 255 9342 P.0181020 mechanical device,other than a hared truck, 131 ar compressors, pumps and en- that Is t a+ the yga. era ors,Inc u �g spraying,welding, craft or "auto'. building cleaning,geophysical explo- 12"Mobile equipment' means any of the fol- ratlon, lighting and well servicing lowing types of land vehicles,including any equipment cans an accl ant n : I Ing EL Bulldozers,farm machinery,forklifts ind continuous or repeated exposure to sub- other vehicles designed for use princf- stantially the same general harmful condl- paily off public roads; bons. 5. e c es maintained for use solely on a va s ng 1r ur means in- or next to premises you own or rent jury, including consequential"bodily injury", arising out of one or more of the following f; Vehicles that travel on crawler treads; offenses: Voh'nIp h + pr e res, een on or Imprisonment, maintained primarily to provide mobility b Malicious prosecution;to permanently mounted: (1) Power cranes,shovels,loaders,dig- r- The wrongful eviction front, wrongful gers or drills; or entry into, or Invasion of tha right of prlvate occupancy of a room, dwelling 121 goad 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 parson or or- are maintained primarily to provide mo- ganization or disparages a person's or bility to permanently attached equipment organizations 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 persorfs right of privacy; building cleaning,geophysical explo- 1• 0.ul . Sa r —t equipment; or style of doing business; or (2) Cherry pickers and similar devices g• Infringing upon anther's copyright trade used to raise or lower workers; dross or slogan in your"advertisement', F. Vehicles not described in a, b„ c.or d, 1151."Pollutants" mean any solid, Ilquid, gaseous above maintained primarily for purposes or thermal irritant or contaminant, Including other than the transportation of per- smoke, vapor, soot, fumes, acids, alkalis, sons or cargo chemicals and waste.Waste Includes mate- ,; - owever, self-propelled vehicles with claimed the following types of permanently at- 16."Products-completed operations hazard"; tached equipment are not"mobile equip- ment' but will be considered "autos"; a. Includes Al "bodily injury"and"property damage"occurring away from premises (1) Equipment with a grass vehicle you own or rent and arising out of"your designedd primarily for. weight 1000 lbs. . more and product:' or "your work" except (a) Snow removal; (11 Products that are still in your physi- cal possession; or lb) Aoad maintenance, but not con— struction or resurfacing; or (2) Work that has not yet bean com- pleted or abandoned.However, your (c) Street cleaning; work"will be deemed completed at (2) Cherry pickers and similar devices a earnest or the tollowing tunes: mounted on automobile or truck (a) When all of the work called for chassis and used to raise or lower in your contract has bean com- workers; and plated Ird,das a¢rndmr"If 2, S l=UF�Im 1 7 iq Irrrticlm 952001 Ed 4-99 owPida 1399L w�j?rrd a er a.°ee wecUbtrd 1 I urd m lsioe Page 15 of 17 —Received Time—Sep, 9. -2009 2:38 PW-No, 4837 09/0912009 14:44 Humble&Davenport (FAX)425 255 9342 P.0191020 i (b) When all of the work to be done b. Any other altamat ve dispute resolution at the job SRO has been col prooae ng in which such damages are plated if your contract cells for claimed and to which the insured sub- work at more than one job site. mits with our consent. (c) Whanthatpartof the work done 19."Temporary worker" means a person who at a job site has bee"put to its �nls e o you o su stftute 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 condition-. contractor or subcontractor working on the same proyect 20."Your product" means Work that may need service,main- a Any goods or products, other than real ten2nce, correction, repair or re- property, manufactured, sold, handled, Placement, but which is otherwise distributed or disposed of by. complete, will be treated as co - pee b, Also includes"bodily injury"and"prop- (2) Others trading under your name;or erty damage'arising from the consump- (3) A person or organization whose tion of food or beverages sold,handled business or assatsyou have acquired; or distributed as"your product' at any and premises you own or rent 4 Containers(other than vehicles), mate- e. Does not include"bodily injury"or"prop- rials, parts or equipment furnished in arty damage" arising out of • connection with such goods or prod- (1) The transportation of property,un- „ less the injury or damage arises out Your product' includes of a condition in or on a vehicle a. Warranties or representations made at created by the "loading or unload- any time with respect to the fitness, Ing" of that vehicle; quality, durability, performance or use 12) The existence of tools, uninstalled of"your product'; and equipment or abandoned or unused b. The providing of or failure to rovide materials; or or p (3) Products or operations forwhichthe "Your producl"doas not include vending ma- classification, listed In this Cover- chines or other property rented to or lo- agePart,states that products-cam- Gated for the use of others but not sold. plated operations are subject to the Gonerai Aggregate Limit 21."Your work" means 17,"Property damage" means. a Work or operations performed by you a Physica€injury to tangible property, in- or on your behalf, and rhr II respv� a +� , , equipment umfs e property. All such loss of use shall be in connection with such work or op- deemed to occur at the time of the erations: physical injury that caused it; or "Your work" Includes b. Lose of wo of tangible property that is B. Warranties or representations made at not physically injured. Ali such loss of use shall he deemed to occur at the time any time with respect to the fitness, of the"occurrence" that caused it quality, durability, performance or use of"your work",and 1B."Suit" means a civil proceeding Ih which damages because of"bodily Inju " "prop- b The providing of or failure to provide arty damage" or "personal and a ry ,dvertising warnings or instructions. Injury" to which this insurance applies are SECTION VI - NUCLEAR ENERGY LIABILITY alleged "Suit' includes EXCLUSION a. An arbitration proceeding in which such "rhe insurance does not apply, dau ed mustsuhnitcr d es s bmi twith ch the 1. Under any Liability Coverage, to"bodily in— Ins our consent; or jury" or"property damage". hhs Q406,AW linl}o� �i"I of lmnm SL.4�alff •IM W,do frrrraovr 9$2001 Ed 4-99 SPY"dl 120a f��fmul'"""' S""t=UM he Is37 t Y Cc WP xq.ue Toadd0amI w I nnf rwl,;v Paga 16 of 17 —Received Time—Sep, 9. -2009 2:38PM No- 4837 09/O9120O9 14:45 Humble&Davenport (FAH)425 255 9342 P.O201020 1 I a. With respect to which an Insured under As used in this exclusion: nuclear energy liability policy issued by "Hazardous properties" include radioactive, Nuclear Energy Liability insurance As- toxic or explosive properties; sociatlon, Mutual Atomic Energy Uabll- "Nuclear material" means"source material," ity Underwriters,Nuclear Insurance As- " SOUN11.1011F ana a or any of their material,"which have the meanings given them successors,or would be en 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; „G� +f or r component, solid or liquid which has been b. Resulting from the"hazardous proper- used or exposed to radiation in a nuclear ties" of"nuclear material" and with re- reactor"; spect to which i1 I any person or orga- " protection pursuant to the Atomic En- twining"by-product material"other than the ergy Act of 1954,or any law amenda- tailings or wastes produced by the extrac- tory thereof, or (2) the insured is, or tion or concentration of uranium orthorium had this policy not been Issued would from any ore processed primarily for its be, entltted to indemnity from the United "source material" content, and (2) resulting States of America, or any agency thereof, from the operation by any person or orga- under any agreement entered into by the nlzation of any"nuclear facirtty"inciuded under United States of America,or any agency the first two paragraphs of the definition thereof, with any artnn al: v i le rGillw tion. "Nuclear facility" means: 2 Under any Medlcal Expanses coverage, to a. Any "nuclear reactor"; expenses incurred with respect to "bodily injury"resulting from the"hazardous prop- h. Any equipment or device designad or erties° of"nuclear material" and arising out used for Ili 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 handling,pro- 3. Under an P cessing or packaging "waste jury" or"property damage" resulting from c. Any equipment or device used for the the"hazardous properties" of"nuclear ma- processing, fabricating or alloying of terial", ff. "special nuclear materlar' If at any time the total amount of such material In the a. The"nuciear material"(1)Is atany nuclear custody of the insured at the premises facility owned by, or operated by or on where such equipment or device is lo- behalf of, an insured, or (2) has been cated consists of or contains more than discharged or dispersed therefrom; 2ra grams of plutonium or uranium 233 or anvrnmi,i +inn+F. c b The "nuciear malarial i + • gg iFl ere6,,GP "spent fueP'or"waste"at any time pas- 250 grams of uranium 23b; sessed,handled,used,processed,stored, d. Any structure, basin, excavation, pre- transported or disposed of by or on mises or place prepared or used for the behalf of any Insured; or storage or disposal of "waste"; c The "bodily injury" or "property dam- and includes the site on which any of the age" arises out of the furnishing by an foregoing is located,all operations conducted Insured of services, materials, parts or on such site and all premises used for such equipment in connection with the plan- operations; ning,construction,maintenance,opera- tion or use of any "nuclear facility", but "Nuclear reactor"means any apparatus de- if such facility is located withln the United signed or used to sustain nuclear fission In States of America, its territories or a self-supporting chain reaction orto con- ossessions or Canada, nl tain a critical rnoss of ^h12 `^ e applies only to"property damage"to "Proporty damage"includes all forms ofra, such"nuclear facility" and any property dioac+ive contaminstlon of property. thereat ]rd,017 MVid Vd M1y1.X.11 cf Ir Jr SM1V5-1�km OMM Ile:.wlh ill pr*Ls . CqJSS2O01 Ed.4-99 �YddA IO39 Mryrlr (23ry v rmpnry•Oassboditl, d ord rp4sbn Page 17 of 17 —Received Time—Sep, 9.-2009 2,38PN1 No. 4837 i REQUEST FOR MAYOR'S SIGNATURE r T Please Fill inAll Applicable Boxes ^V KEN Reviewed by Director Originator's Name Mark Madfai Dept/Div. En ineerin /Desi n Extension- 5521 Date Sent- Date Required: Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/13 VENDOR: Rittenhouse Consulting DATE OF COUNCIL APPROVAL: N/A ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached Amendment No. 2 is necessary to extend the time of completion to December 31, 2013 for the Horseshoe Bend Levee Project because additional work is still required to close out the relocation services to property owners. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: RECEIVED J Approval of Law Dept.: u r ` J� r Law Dept. Comments: DEC 311 nil Ir, Date Forwarded to Mayor: ` 7 f I �4> ) Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: OF Date Returned: Ci1`i KIRK G1'C`l GCE I