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HomeMy WebLinkAboutEC14-014 - Original - Raedeke Associates, Inc. - Wetland Consultation - 03/29/2013 Records a K T Document Wnsnix crux - 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. ' . 4 Vendor Number: JD Edwards Number Contract Number, � This is assigned by City Clerk's Office Project Name: DescriptionXinterlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other Contract Effective Dater "- Termination Date: a Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment A ° Contract Department: t Detail: (i.e. address, location, parcel number, tax id, etc.): S:Public\RecordsManagement\Forms\Conir ctCover\adcc7832 1 11/09 ICEN T` wl=� .— CONSULTANT SERVICES GR IM between the City of Kent and Raedeke Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Raedeke Associates, Inc. organized under the laws of the State of Washington, located and doing business at 9510 Stone Ave, N., Seattle, WA 98103, 206 525- 8122 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described and attached in Exhibit A Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $20,000.00, plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together 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. All of the above documents are hereby made a part of this Agreement. However, should any language in any of CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of_which _shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: (signatur ) i ' (signature) Print Name: 'rcff 7 -r) xt). �' 7� 1.`,,1' Pr nt Na e• Suzette Cooke Its i 'a F� 7t Its Mayor title) f DATE: t -e f LS DATE:�^ , f F NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Emmett pritchard Brennan Taylor, Development Engineering Raedeke Associates, Inc. Manager City of Kent 9510 Stone Ave. N. 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 206 585-8122 (telephone) (253) 253-856-5702 (telephone) 206 526-2880 (facsimile) (253) 253-856-6454 (facsimile) APP O ED AS TO FORM! I Kent Law Department [In this held,you may enter the eleRronlc fllepath where the contraR has been saved] CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 2--(` '(A day of t"-ef"J 20 . t For: E <"e c- 77s3 s(2- Title: 0 P/ 5 tdz Z p` Date: f `v' �L EEO COMPLIANCE DOCUMENTS - I CITY OF (CENT 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 (CENT 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 FA1'Z'ZfV-' A Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 ® Wetland Science Wildlife Ecology Landscape Architecture January 16, 2013 Mr. Brennan Taylor, P.E. City of Kent Development Engineering/Economic & Community Development 400 West Gowe Street Kent, WA 98032 RE: Agreement for Professional Services City of Kent 2013 On-Call Consulting Services—Wetlands and Wildlife (R.A.I. Project#2012-042-200) Dear Mr. Taylor: We are pleased to submit the following time and materials agreement for biological consulting services for the above-named project. The Scope of Services portion of this Agreement is based upon discussions with you and our understanding of the work needed as of the date of this document. If this scope has changed, please notify our office immediately so that we can update this Agreement to reflect the services needed. In order to authorize work to begin, please provide us with the appropriate contract documents for signature along with a list of other items required, as applicable. Thank you for the opportunity to submit this proposal. We look forward to working with you on this project. If you have any questions, please contact me directly at (206) 525- 8122. Respectfully submitted, RAEDEKE ASSOCIATES, INC. Emmett Pritchard Principal Wetland Ecologist Cc. Ms. Julie Pulliam, City of Kent Economic and Community Development Attachments 9510 Stone Avenue N. Seattle, VVA 98103 206-525-8129 www.raedeke.com Exhibit R RAEDEKE ASSOCIATES, INC. 9510 STONE AVENUE NORTH SEATTLE,WASHINGTON 98108 (206)525-8122 FAX: (206)526-2880 Professional Services Agreement Scope of Services This document shall serve as an Agreement for Professional Services between Raedeke Associates, Inc. and The City of Kent for the project known as: City of Kent 2013 On-Call Consulting Services—Wetlands and Wildlife R.A.I. Project#2012-042-200 PROJECT SUMMARY This Agreement authorizes Raedeke Associates, Inc. to provide on-call consulting services to provide third-party peer review of wetland and wildlife field investigations and documentation prepared per requirements of City of Kent environmental regulations. Expected costs for various listed services are listed below. Expected average turnaround time for completion of our initial review and written comments will be 5 to 10 working days from date of receipt of maps and other technical reports or documents that may be necessary for conducting our evaluation. SERVICES TO BE PROVIDED • Project initiation, including initial correspondence and scoping with client and project consultants; • Review and confirmation of wetland delineations. Expected cost: $800.00 to $1,500.00; • Review of Conceptual and Final Mitigation Plans. Expected cost: $1,000,00 to $1,500.00, • As-built Inspections. Expected cost: $1,000.00 to$1,500.00. • Inspection, comments and approval of monitoring reports. Expected cost: $700.00 to $1,500.00; • Other consulting services related to the Critical Areas review and inspection of development permits. Expected cost: $500.00 to$800.00; • Other consulting services related to environmental code enforcement of violations to KCC 11.06. $800.00 to $1,500.00, • Associated project administration; • Project expenses, including costs for travel, mileage (federal rate), faxes, reprographics, courier services and other supplies. Raedeke Associates, Inc. January 16, 2013 Professional Services Agreement—Scope of Services Page 1 City of Kent 2013 On-Call Consulting Services— Wetlands and Wildlife 2012-042-200 CLIENT RESPONSIBILITY Completion of the services described above is based upon timely receipt from the City of Kent or their consultants of maps and other technical reports or documents that may be necessary for conducting our evaluation. COMPENSATION Raedeke Associates, Inc. will invoice for services on a Time and Materials basis at the rates in effect at the time of this Agreement. Estimated cost of providing services as described in this Agreement is $20,000.00. Invoices will reflect costs for actual hours and expenses incurred. We expect consulting tasks to be performed by Emmett Pritchard, Chris Wright, and Rick Lundquist which range from Staff Scientist to Associate level, depending on specific expertise required. See attached Statement of Qualifications for their qualifications and experience. Other technical and support staff may be involved as appropriate. Hourly Rates Principal $200.00 Associate/Sr. Scientist $157.00 Sr. Scientist/Planner $128.00 Staff Scientist/Planner $113.00 Technical Staff III $97.00 Technical Staff II $89.00 Technical Staff 1 $85.00 Project/ Contract Administrator $87.00 Technical/Admin Support Staff $67.00 Field Technician $57.00 Expenses Vehicle Mileage $0.55 per mile Fax $0.50 per page Photocopies (black &white) $0.10 per page Prints/plots (8-1/2 x 11, color) $0.40 per page Prints/plots (11x17, color) $0.80 per page Prints/plots (24x36, color) $12.00 per page The estimated cost is valid for tasks specifically described above. To ensure that needed tasks are included, please carefully review the: Exclusions, Additional Services, and Change Order sections of this Agreement, if provided. Request to perform tasks not included in this Agreement will result in production of a Change Order for extra fees associated with the completion of the additional requested tasks and may result in project documents being held until such Change Order and associated retainer are received. The Client Responsibility section provides details of documents or files to be supplied before services can be completed, please review to ensure compliance with these requirements. Raedeke Associates, Inc. January 16, 2013 Professional Services Agreement— Scope of Services Page 2 City of Kent 2013 On-Call Consulting Services— Wetlands and Wildlife 2012-042-200 EXHIBIT B INSURANCE REQUIRE ENTSFO 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. 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. 2. 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 limit 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. ACORD.,, Client#; 16537 RAEDEKE P•9CORD.,, CERTIFICATE OF LIABILITY INSURANCE DATEIm I201 Yrl 0 910 7/2 01 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SJ,AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED the Policy(ies)must be endorsed,If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,curtain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such eadorsement(s). PRODUCER CONTACT '.NAME' Bell-Anderson Ins-Renton C/L 425 291 5201 7FnX 4252915100 iae° o e;;p: ............1 Luc N 600 SW 39th Street,Suite 200 E-MAIL '`"� Renton,WA 98057 E -.-.-.--.--- INSURcR Ste' AFFORDING COVERAGE NAIC.Y 425 291-5200 1 INSURER A;National Fire Insurance of Hart mm INsuaeu�_ ;,NsuR-RBI Continental Casualty Company Raedeke Associates, Ina - - ---'- ' — _ _-- _-- INSJRER c:Mt Hawley Insurance Company 9510 Stone Avenue N r - INbURER G: - Seattle,WA 98103 ! - _- I INSURER E: INSJRER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHF_ INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORELC 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 _ __.-...ASR MD POLICY NUM BF.R INMIDD/Yi'EY1'Y) IMMlP9Y1yy)r_ _ LIMIi3 TYPE Or INSURANCE A GENERALLIABI'Lnv ( X 403057y196 6/01M1 2 1 0 610112 0l iEA Hoc2JRREN F 'Is1,0D0,000 or MAcr o RLu L X COMP anca 5300 000 _ ' MHUAL ENERA..LIAGILITY I FREE I p Ee o � clAIMO MADE OCCUR ` 4MED EXF(ArY one p Ten+) s 10 000 PERSONAL&ADV INJURY S1,000,000 ,GeNERA.AccREaaT3 Is2,000,000 GENL AGGREGATE UNIT WFIES E'ER'. FRODUCTS-COMNOPAGG 52,0 D 00,00 POLICY J CT.-_-_ LOC _ PRO COMBINED SINGLE.IMIT 5 A •AUTOMOBILE LIABILITY 4030575664 6/01/2012 06/01(2013 r � 1,OODa000 X ANY AUTO DGDI �IN.unr(Fero ,aor) s ALL OWNED .GUIIEOULED BOOIYIN,.URY(Pe denl)'S AUTOS 'AUTOS —� NON-OWNcp PI DPw Y DAMAGE X a:RED AUTOS Is S g X uM1tBRELLA LIAa �X r, OUN 4030575678 0610112012 06/01/201 EACH OCCURRENCE 51000000 EXCESS LIAR_ 1 CIAIM -MARL AGUR GATE Fi 00D D0D 1 1 X R .-, LrENnoN 4030Stop G 06/01/2012 06/01/2013 X ruFAor.-:A e+P `1 AT WORKERS COMPENSATION IGHY UNJE HR AND EMPLOYERS'LIABILITY A ANY PROPRIF IORIPARTNERIEXECUI'IVE(r� -WA Stop Gap- BE LACH ADCIllEN 8�1000�0�0 :--, CFFICER/MEMB_R EXCLJDED4 N NIA Imanaamry�nNro __ - $1,000000 If Yee decArbe antler LIE.DIG ID 5GRIPTIDN OF OPERATIONS cd. _.._ _.-- EASE-POLICY LIMIT j_$2,DD0,000 C iProfessional EGLOOD1808 0313112012 03/311201Z $1,000,000 (Liability I DESCRIPTION OF OPERATIONS I LOCATNNS(VIUMGLES(Artwh ACORD in,Additional Ren wks Schedule,Reece space is raduhed) City of Kent On-call Services.-Wetland &Wildlife Consulting RAI No. 2012-042 The certificate holder is additional insured for general liability, but only if required by written contract or written agreement per endorsement SB-146932-D (07109),which includes the Primary and Non contributory and waiver of subrogation in form SEI300176B 01/08.Completed Opperations applies per the (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Git Of Kant-0IO MS.Julie SHOULD'ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Pulliam Ec0 Com Dev Dept ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent,WA 98032. AUTHORIZED RaPREEGNTA I IVL ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S402941/M384944 SLM DESCRIPTIONS (Continued from Page 1) attached SB300176B 0108 SAGITTA 25.3(2010M) 2 of 2 #S402941/M384944 SE-146932-D CAM (Ed.07/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -LIABILITY EXTENSION This endorsement modifies insurance provided under tile following: BUSINESSOWNERS LIABILITY'COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional Insured on any other endorsement now or hereafter attached to this Policy. 1, ADDITIONAL INSURED—BLANKETVENDORS employees or anyone else acting on its behalf. However, this exclusion does not WHO IS AN INSURED is amended to include as an apply to: additional insured any person or organization (referred to below as vendor) with whom you agreed, because (1) The exceptions contained in of a written contract or agreement to provide Subparagraphs d.or f.; or insurance, but only with respect to "bodily Injury" or (2) Such inspections, adjustments, tests or "property damage'arising out of"your products' which servicing as the vendor has agreed to are distributed or sold in the regular course of the make or normally undertakes to make in vendor's business, subject to the following additional the usual course of business, in exclusions: connection with the distribution or sale of 1. The Insurance afforded the vendor does net apply the products. to: 2. This insurance does not apply to any insured a. "Bodily injury' or "property damage" for which person or organization, from whom you have the vendor is obligated to pay damages by acquired such.products, or any Ingredient, part or reason of the assumption of liability In a container, entering into, accompanying or contract or agreement. This exclusion does containing such products. not apply to liability for damages that the g, This provision 2. does not apply to any vendor vendor would have in the absence of the included as an insured by an endorsement issued contract or agreement; by us and made a part of this Policy. b. Any express warranty unauthorized by y= 4. This provision 2.does not apply if"bodily injury"or o. Any physlcal or chemical change in the "property damage" included within the "products- product made intentionally by the vendor; completed operations hazard" is excluded either by the provisions of the Policy or by endorserent. d. Repackaging, except when unpacked solely 2 MISCELLANEOUS ADDITIONAL INSUREDS for the purpose of inspection; demonstration, testing, or the substitution of parts under WHO IS AN INSURED Is amended to Include as an instructions from the manufacturer; and then insured any person or organization (called additional repackaged in the original container; insured) described in paragraphs 2,a. through 2.h. e. Any failure to make such inspections, below whom you are required to add as an addtionet adjustments, tests or servicing as the vendor s insured on ails policy under a written contract or has agreed to make or normally undertakes to agreement but the written contract or agreement must make in the usual course of business, in be: connection with the distribution or sale of he 1. Currently in affect orbecorning effective during the products; term of this policy;and f. Demonstration, Installation, servicing or repair 2_ Executed prior to the "oodily injury," "property operations, except such operations performed damage"or"personal and advertising injury,"but ® at the vendor's premises in connection with the sale of the product; Only the following persons or organizations are additional insureds under this endorsement and g. Products which, after distribution or sale by coverage provided to such additional insureds is you, have been laheled or relabeled or used limited as provided herein: as a container, part or ingredient of any other thing or substance by or for the vendor; or a. Additional Insured—Your Work h. "Bodily injury" or "property damage" arising. That person or organization for whom you do out of the sole negligence of the vendor for its work is an additional Insured solely for liability own acts or omission or those of its due to your negligence specifically resulting 56-146932-D Page 1 of 6 (Ed.07/09) SB-146932-D (Ed. 07109) from your work for the additional insured This insurance does not apply to "bodily which is the subject of the written contract or injury," "property damage" or "personal and written agreement. No coverage applies to advertising injury" arising out of operations liability resulting from the sole negligence of performed for the state or municipality. the additional insured. c. Controlling Interest — The insurance provided tothe additional -- - - - insured is limited as follows: Any persons or organizations with a controlling interest in you but onlywith respect (1) The Limits of Insurance applicable to the to their liability arising out of: additional insured are those specified in the written contract or written agreement (1) Their financial control of you;or or in the Declarations of this policy, (2) Premises they own, maintain or control whichever is less. These Limits of while you lease or occupy these Insurance are inclusive of, and not in premises. addition to, the Limits of Insurance shown in the Declarations. This insurance does not apply to structural eltoratinns, new construction and demolition (2) The coverage provided to the additional operations performed by or for such additional insured by this endorsement and Insured. paragraph F.9.of the definition of"insured contract' under Liability and Medical d. Managers or Lessors of Premises Expenses Definitions do not apply to A manager or lessor of premises but only with "bodily injury" or "property damage" respect to liability arising out of the ownership, arising out of the "products completed maintenance or use of that specific part of the operations hazard" unless required by the premises leased to you and subject to the written contract or written agreement, following additional exclusions_ (3) The insurance provided to the additional This insurance does not apply to: insured does not apply to "bodily injury," "property damage," or "personal and (1) Any "occurrence" which takes place after advertising injury" arising out of the you cease to be a tenant in that premises; rendering or failure to render any or professional services. O2 Structural alterations, new construction or b. State or Political Subdivisions .demolition operations performed by or on behalf of such additional insured. A state or political subdivision subject to the. following provisions: e. Mortgagee, Assignee or Receiver (1) This insurance applies only with respect A mortnagee, assignee or receiver but only to the following hazards for which the with respect to their liability as mortgagee, state or political subdivision has issued a assignee, or receiver and arising out of the permit in connection with premises you ownership, maintenance, or use of a premises own, rent, or control and to which this by you. insurance applies: This insurance does not apply to structural (a) The existence, maintenance, repair, alterations, new construction or demolition construction, erection, or removal of operations performed by or for such additional advertising signs, awnings, canopies, insured. cellar entrances, coal holes, f. Owners/Other Interests—Land is Leased driveways, manholes, marquees, hoistaway openings, sidewalk vaults, An owner or other interest from wham land street banners, or decorations and has been leased by you but only with respect similar exposures; or to liability arising out of the ownership, (b) The construction, erection, or maintenance or use of that specific part of the removal of elevators; Or land leased to you and subject to the following additional exclusions: (2) This Insurance applies only with respect This insurance does not apply to: to operations performed by you or on your behalf for which the state or political (1) Any "occurrence" which takes place subdivision has issued a permit. after you cease to lease that land; or SB-146932-D Page 2 of 5 (Ed. 07)09) SB-146932-D (Ed. 07109) (2) Structural alterations, new Damage To Property, Is replaced by the construction or demolition operations following; performed by or on behalf of such additional insured. k. Damage To Property g. Co-owner of Insured Premises "Property damage"to: A co-owner of a premises co-owned by you 1. Property you yawn, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co-owners liability as co- incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason, including lease equipment. Such person or organization Prevention nother's property; injury to a person or damage to a are insureds only with respect to their liability arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "property damage" such person or organization. A person's or arises out of any part of those urganizatlon's status as an insured under this premises; endorsement ends when their written contract 3. Property loaned to you; or agreement with you for such leased equipment ends. 4. Personal property in the care, With respect to the insurance afforded these custody or control of:the insured; additional insureds, the following additional 5. That particular part of any real exclusions apply: proporty on which you or any This insurance does not apply: contractors or subcontractors working directiyor indirectly in your behalf ere (1) To any `occurrence" which takes place performing operations,if the"property after the equipment lease expires; or damage" arises out of those (2) To "bodily injury," "property damage" or operations; or "personal and advertising injury" arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured. replaced because "your work" was Any Insurance provided to an adcitional insured incorrectly performed on It. designated under paragraphs b.through In. above Paragraph 2 of this exclusion does Flat does not apply to "hodlly injury" or "property apply if the premises are "your work" and 2 damage" included within the "products-completed were never occuppied, rented or held for operations hazard." rental by you. 3. The following Is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other CONDITIONS: than damage by fire or explosion) to H. Other Insurance promises: 4_ This insurance is excess.over any other (1) rented to you: insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary,, excess, permission of the owner, or ® contingent or on.any other basis unless a (3) to the zontents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. either primary or primary and A separate limit of insurance noncontributing. applies to Damage To Premises Rented 4. LEGAL LIABILITY—DAMAGE TO PREMISES To You as described in Section D — Liability and Medical Expenses Limits of A. Under B_ Exclusions, 1. Applicable to Insurance. Business Liability Coverage, Exclusion k. SB-146932-D Page 3 of5 (Ed. 07109) SB-143932-1) (Ed. 07/09) Paragraphs 3, 4, 5, and 6 of this (5) Any trustee, if you or an additional exclusion do not apply to liability insured is a trust; ar assumed under a sidetrack agreement. - (6) Any elected or appointed official, if you or Paragraph 6 of this exclusion does not an additional insured is a political apply to "property damage" included in subdivision or public entity. -- - the --"products-completed - -operations -This paragraph e. applies separately to you hazard." and any additional insured. B. Under B. Exclusions, 1. Applicable to 6. Bodily Injury Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and Section F. Liability and Medical Expenses replaced by thefol#awing: Definitions, item 3. "Bodily Injury" is deleted and Exclusions c, d, e,f, g, h, 1, k, I, m, n, and o, replaced with the following: do not apply to damage by fire to premises "Bodily injury" means bodily injury, sickness or while rented to you or temporarily occupied by disease sustained by a person, including death, you with permission of the owner or to the humiliation, shock, mental anguish or mental contents of premises rented to you for a injury by that person at any time which results as period of 7 or fewer consecutive days. A a consequence of the bodily injury, sickness or separate limit of insurance applies to this disease. coverage as described in Section D.Liability And Medical Expenses Limits Of 7• Expanded Personal and Advertising Injury Insurance, Definition C. The first Paragraph under Item 5. Damage To the following is added to Section F. Liability and Premises Rented To You Limit of Section Medical Expenses Definitions, item 14, D. Liability And Medical Expenses Limits Personal and Advertising Injury, in the Of Insurance is replaced by the following: Businessowners General Liability Coverage Form: The most we will pay under Business Liability h- Discrimination or humlliafior, that results in far damages because of "property damage' to any one premises, while rented to you, or injury to the feelings or reputation or a natural temporarily occupied by you, with the person, but only if such discrimination or permission of the owner, including contents of hurnlliation is: such premises rented to you for a period of 7 1, Not done intentionally by or at the or fewer consecutive days, is the Damage to direction of: Premises Rented to You limit shown in the Declaration. a. The insured;or 5. Broad Knowledge of Occurrence b. Any "executive officer," director, stockholder, partner, member or The following items are added to E. manager (if you are a limited liability Businessowners General Liability Conditions company)of the insured; and in the Businessowners Liability Coverage Form: 2. Not directly or Indirectly related to the employment, prospective employment, e. Paragraphs a, and b, apply to you or to any pasi employment or termination of additional insured orly when such employment of any person or person by "occurrence,"offense, claim or"suit"is known any,insured. to: B. The following Is added to Exclusions, Section (1) You or any additional insured that is an B„ individual; (15)Discrlmination Relating to Room, (2) Any partner, if you or an additional Dwelling or Premises insured is a partnership; Caused by discrimination directly or (3) Any manager, if you or an additional indirectly related to the sale, rental, lease insured is a limited liability company; or sub-lease or prospective sale, rental, (4) Any "executive officer" or insurance lease or sub-lease of any room, dwelling manager,if you or an additional Insured is or premises by or at the direction of any a corporation, insured. 9B-146932-D Page 4 of 6 (Ed'. 07109) SB-146932-D (Ed. 07109) (16)Fines or Penalties Personal and Advertising injury Coverage Fines or penalties levied or imposed by a does not apply to policies issued in the states of New York or Ohio. governmental entity because of discrimination. D. This provision (Expanded Personal and -- — -- C. This provision (Expanded Personal and -- Advertising Injury) does not apply if Advertising Injury) does not apply t0 --Personal-and Advertising Injury Liability is discrimination or humiliation.committed in the excluded either by the provisions of the Policy or by endorsement. states of New York or Ohio. Also, Expanded E 2 56-146932-D Page 5 of 5 (Ed. 0710,9) SB300176B 0108 Page 1 of 11 CMIA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ"IT-CAREFULLY. DESIGN ONE LIABILITY EXTENSION WITH OFFICE POLLUTION LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE OF LIMITS FOR OFFICE PREMISES LIMITED POLLUTION LIABILITY COVERAGE Each Pollution Incident Limit $ Pollution Liability Aggregate Limit $ (If no entries appear in the above Schedule, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Table of Endorsement Contents Item# Topic Name Changes to Section A. Coverages 1. Enhanced Supplementary Payments Changes to Section B. Exclusions 2. Extended Property Damage Coverage 3. Contractual Liability for Personal and Advertising Injury Changes to Section C.Who Is An Insured 4. Additional Insureds: State or Political Subdivisions — Permits, State or Political Subdivisions, Controlling Interest, Managers or Lessors of Premises, Mortgagee,Assignee or Receiver, Co-owner of Insured Premises, Lessor of Equipment 5. Fellow Employee First Aid 6. Retired Partners, Members, Directors,and Employees 7. Participation in Professional Joint Ventures 8. Blanket Additional Insured with Products-Completed Operations Coverage and Blanket Waiver of Subrogation 9. Amendment—Aggregate Limits of Insurance(Per Project) Changes to Section F. Definitions 10. Extended Bodily Injury 11. Contractual Liability—Railroads 12. Office Premises -Limited Pollution Liability Coverage 1. Enhanced Supplementary Payments The values shown in paragraph 1.f., Coverage Extension — Supplementary Payments, of Section A. Coverages are amended as follows: A. The amount shown in paragraph (b)for bail bonds is amended from$1.000 to$3,000. B. The amount shown in paragraph (d)for actual loss of earnings because of time off work is amended from $250. per day to$300. per day. 2. Extended Property Damage Exclusion 1.a., Expected or Intended Injury, of Section B. Exclusions Applicable to Business Liability Coverage, is deleted and replaced with the following: This insurance does not apply to: file://C:\Documents and Settings\jpulliam\Local Settings\Temporary Internet Files\Content... 9/10/2012 SB300176B 0108 Page 2 of 11 a. "Bodily injury" or "property damage" expected or intended from the ,tandpoint of the insured. This exclusion does not apply to"bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. 3, Contractual Liability for Personal and Advertising Injury Exclusion 1.p.(5) of Section B. Exclusions Applicable to Business Liability Coverage, is deleted. 4. Additional Insureds Section C. Who Is An Insured is amended to include the following additional insureds, subject to the provisions stated below: A. State or Political Subdivisions—Permits 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. "Bodily injury," property damage," "personal and advertising injury" arising out of operations performed for the state or municipality; or b. "Bodily injury"or"property damage" included within the"products-competed operations hazard." B. State or Political Subdivisions A state or political subdivision subject to the following provisions: 1. This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. The construction, erection, or removal of elevators. 2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury," "property damage" or personal and advertising injury" arising out of operations performed for the state or municipality. C. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: 1. Their financial control of you; 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. D. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence"which takes place after you cease to be a tenant in that premises; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. E. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. F. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability as co-owner of such premises. G. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this fileWC:1Docurrents and SettingsljpulliarnTocal SettingslTemporary Internet FileslContent... 9/10/2012 SB300176B 0108 Page 3 of 11 endorsement ends when t, . written contract or agreement with you fa ich leased equipment ends. With respect to the insurance afforded, these additional insureds, the following additional exclusions apply: This insurance does not apply: 1. To any"occurrence"which takes place after the equipment lease expires; or 2. To "bodily injury," "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs A. through G. above does not apply to "bodily injury" or "property damage" included within the "products-completed-operations hazard." 5. Fellow Employee First Aid Paragraph 2.a.(1)(d) of Section C.Who Is An Insured is deleted and replaced with the following: However none of these"employees" is an insured for. (d) "Bodily injury" or"personal and advertising injury" arising out of his or her providing or failing to provide professional health care services. However this restriction does not apply to first aid administered by an "employee"who is not an employed doctor or nurse. 6. Retired Partners, Members, Directors, and Employees Paragraph 2. of Section C.Who Is An Insured is amended to include the following as insureds: Individual persons who are retired partners, members, directors or employees are also insureds, but only for "bodily injury," "property damage," "personal and advertising injury" that results from services performed for you under your direct supervision. 7. Participation in Professional Joint Ventures A. The following paragraph 5. is added to Section C.Who Is An Insured: S. You are also an insured for your participation in a past or present joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one of your co-venturers are architectural, engineering or surveying firms; b. The joint venture has no direct employees; and c. The joint venture does not own, rent or lease any real or personal property. However, you are insured only for the conduct of your business within such a joint venture. You are not insured for liability arising out of the acts or omissions of other co-venturers, nor of their partners, members or employees. This insurance is excess over any other insurance available to such a joint venture, whether primary, excess, contingent, or on any other basis. B. The last paragraph of Section C.Who Is An Insured is deleted and replaced by the following: Except as provided in 5.above, no person or organization Is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 8. Blanket Additional Insured with Products-Completed Operations Coverage and Blanket Waiver of Subrogation The following is added to Section C., -Who is an Insured: A. The Businessowners Liability Coverage form is amended to include as an insured, any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement, but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the"bodily injury,""property damage," or"personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured within this endorsement and section titled Liability and Medical Expenses Definitions — "Insured Contract" (Section F., item 9.), within the file://C:\Documents and Settingsljpulliam\Tocal Settings\Temporary Internet Files\Content... 9/10/2012 SB300176B 0108 Page 4 of 11 Businessowners Liability � erage Form, does not apply to "bodily in, " or "property damage" arising out of the "products-completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services, including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as a construction manager; or b. Inspection supervision; quality control; engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury"arising out of: a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. C. Businessowners General Liability Conditions— Duties in the Event of Occurrence, Offense, Claim or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to add the following: An additional insured underthis endorsementwill as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or"suit" under this insurance; 2. Tender the defense and indemnity of any claim or"suit" to us for a loss we cover under this Coverage Part; 3. Tender the defense and indemnity of any claim or"suit"to any other insurer which also has insurance for a loss we cover under this Coverage Part, and 4. Agree to make available any other insurance which the additional insured has for a loss we cover under this coverage part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit"from the additional insured. D. Other Insurance (Section H.2. and H.3.) of the Businessowners Common Policy Conditions are deleted and replaced with the following: 2. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. 3. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" if no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. Transfer of Rights of Recovery Against Others To Us (Section K.2.) of the Businessowners Common Policy Conditions is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products-completed operations hazard." 9. Amendment-Aggregate Limits of Insurance (Per Project) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" file:/1C1Documents and Settings\jpulliarnTocal Settings\Temporary Intemet Files\Content,.. 9/10/2012 SB300176B 0108 Page 5 of I I under Coverage A.1., and for . medical expenses caused by accidents u. ,r Coverage A.2., which can be attributed only to ongoing operations at a single construction project: 1. A separate Construction Project General Aggregate limit applies to each construction project. The Construction Project General Aggregate limit is equal to the amount of the General Aggregate limit shown in the Declarations. 2. The Construction Project General Aggregate limit is the most we wilt pay for the sum of all damages payable under Coverage A.1., except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard," and for medical expenses payable under Coverage A.2. regardless of the number of; a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A.I. for damages or under Coverage A.2.for medical expenses shall 'reduce the Construction Project Genera Aggregate limit for the applicable construction project. Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any Construction Project Genera;Aggregate limit applicable to other construction projects. 4. The limits shown in the Declarations for Liability and Medical Expenses, Damage to Premises Rented to You. and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate limit shown in the Declarations, such limits will be subject to the applicable Construction Project Geceral A.ggegate limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences," and for all medical expenses caused by accidents, which cannot be attributed only to ongoing operations at a single construction project: 1, Any payments made under Coverage A.1. for damages or under Coverage A.2, for medical expenses shall reduce the amount available under the General Aggregate limit or the Products/Completed Operations Aggregate limit,whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate limit. C- When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of 'bodily injury" or "property damage" included in the "products- completed operations hazard" wri reduce the Products/Completed Operations Aggregate limit, and not reduce the General Aggregate limit nor any Construction Project General Aggregate limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of the Limits Of Insurance section not otherwise modified by this endorsement shall continue to apply as stipulated. 10. Extended Bodily Injury Definition 3. "Bodily Injury," of Section F.,Definitions, is deleted and replaced with the following: 3. "Bodily Injury" means bodily injury, sickness or disease, mental injury or mental anguish sustained by a person, including death resulting from any of these. 11. Contractual Liability - Railroads Wth respect to operations performed within 50 feet of railroad property, the definition of"insured contract" in Section F.,—Definitions is replaced by the following: 9. "Insured Contract" means: a. A contract for a lease of premises. However, the; portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a 'third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. file://C;1Documents and Settings jpulliarni1ocal Settings\Temporary Internet FilesTontent.., 9/10/2012 SB300176B 0108 Page 6 of 11 Paragraph f. does not ,,..iude that part of anv contractor agree men,. (1) That indemnifies an architc., engineer or surveyor for injury or damage arising out of: a. Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Giving directions or instructions, or faiiing to give them, if that is the primary cause of the injury or damage. (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in paragraph (1) above and supervisory, inspection, architectural or engineering activities. 12. Office Premises Limited Pollution Coverage This Office Premises Limited Pollution Coverage section of the Architects, Engineers and Surveyors Extension endorsement modifies several portions of the Businessowners Liability Coverage Form. These modifications apply only to the coverage provided by this section of the endorsement. A. The following paragraph 3. is added to SECTION A. COVERAGES: 3. Office Premises Limited Pollution Coverage a. Insuring Agreement (1) We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" which directly results from a covered "pollution incident" to which this insurance applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any "pollution incident" and settle any claim or"suit"that may result. But: (a) The amount we will pay for damages is limited as described in SECTION O. LIMITS OF INSURANCE as amended by this endorsement; and (b) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. (c) We have no duty to defend "suits" seeking damages not covered by this endorsement. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under paragraph 1.e. Coverage Extension - Supplementary Payments of SECTION A. as amended by this section of the endorsement- (2) We will also reimburse you for "preventive remedial expense" that directly results from a covered "pollution incident"to which this insurance applies. We wil! reimburse you up to $25,000 per annual policy period for all "preventive remedial expense" directly resulting from all covered "pollution incidents," subject to a deductible of $5,000 per covered "pollution incident." This annual limit is in addition to the per incident deductible, and is in addition to the Pollution Liability Aggregate Limit described in SECTION 0. LIMITS OF INSURANCE as amended by this endorsement. This "preventive remedial expense" coverage does not apply to expenses that are covered by any other insurance available to the insured. (3) This insurance applies to"bodily injury," "property damage" or"preventive remedial expense" at, on or from "your office premises"only if: (a) The "bodily injury" directly results from a "pollution Incident" that happens entirely above- ground at or from "your office premises"; or (b) The "property damage" occurs off of "your office premises" and directly results from a "pollution incident" that happens entirely above-ground at or from "your office premises'; or (c) The "preventive remedial expense" directly results from a "pollution incident" that happens entirely above-ground on "your office premises" and does not result in any covered "bodily injury" or"property damage; and (d) The "pollution incident': (i) is demonstrable as commencing and ending within 72 hours; (h) Is accidental; (Ill) "commences during the policy period" and (iv) happens in the "coverage territory." (4) "Commences during the policy period" means that the first emission, discharge, release or escape of the "pollutant' or "pollutants" from which the "bodily injury" or "property damage" arises is demonstrable as having occurred during this policy period. file://C:ADocuments and Settings\jpultiam\Local. Settings\Temporary Internet Files\Content... 9/10/2012 SB300176B 0108 Page 7 of 11 (5) All "bodily inj...y" or "property damage" resulting from e 'pollution incident" shall be deemed to have occurred only at the commencement date of the covered "pollution incident." (6) The insured's responsibility to pay damages because of"bodily injury" or"property damage" must be determined in a "suit' on the merits in the "coverage territory" or in a settlement we agree to. (7) Damages because of"bodily injury" include damages claimed by any person or organization for care, loss of services, or death resulting from the"bodily injury." B. SECTION B. EXCLUSIONS is deleted and replaced by the following: This insurance does not apply to: a. "Bodily injury," property damage or "preventive remedial expense" expected or reasonably foreseeable from the standpoint of the insured. Id. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" which is a repeat or resumption of a previous "pollution incident" involving the same pollutant from essentially the same source within the previous twelve (12) months, at the same premises. c. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. d. Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. "Bodily injury"to: (`i) An employee of the insured arising out of and in the course of., (i) employment by the insured; or (H) performing duties related to the conduct of the insured's business. (2) The spouse, child,parent, brother or sister of that employee as a consequence of(1) above. This exclusion 2pp4ies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. f. "Property damage" to (1) A"waste facility"to which waste from the operations of an insured is consigned; (2) Property you own, rent, or occupy now or at any time in the past; (3) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (4) Property loaned to an insured, or (5) Personal property in care, custody or control of an insured. Paragraph (2) of this exclusion IF, does not apply to "preventive remedial expense" at property you own, rent or occupy now. g. "Bodily injury" at or from a "waste facility" to which waste from the operation of an insured is consigned. h. "Bodily injury," "property damage" or "preventive remedal expense" arising out of a "pollution incident" at or from a "waste facility"which is on "your office premises." L "Bodily injury"or"property damage" included within the "products-completed operations hazard." j. "Bodily injury" or"prooerty damage' arising out of the ownership or operation of any offshore facility as defined in the Outer Continental Shelf Lands Act Amendment of 1978 or the Clean Water Act of 1977 as amended 1978 or any deepwater port as defined in the Deepwater Port Act of 1974 as amended or as may be amended. k. 'Bodily Injury" or "property damage" arising out of heat, smoke or fumes from a hostHe fire at any premises, site or location which is or was at any time owned or occupied by or rented or loaned to any insured. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. L "Bodily injury' or"property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto," rolling stock or watercraft owned or operated by or rented or loaned to any insured. Use Includes operation and "loading or unloading." This exclusion does not apply to "bodily injury" or "property damage" arising out of parking an "auto" fKc.//C'ADocuments and Settings\jpulliam\Local SettingsUemporary Internet Files\Content... 9/10/2012 SE300176B 0108 Page 8 of 11 on, cr on the ways nez premises you own or rent, provided the to"is not owned by or rented or loaned to you or the insured. m. 'Bodily injury" or "property damage" arising out of the emission, discharge, release or escape of drilling fluid, oil, gas or other fluids from any oil, gas, mineral, water or geothermal well. n. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" which results from or is directly or indirectly attributable to failure to comply with any applicable statute, regulation, ordinance, directive or order relating to the protection of the environment and promulgated by any governmental body, provided that failure to comply is a willful or deliberate act or omission of: (1) The insured; or (2) You or any of your members, partners, executive officers or managers of limited liability companies. o. "Bodily injury," "property damage"or"preventive remedial expense" arising out of acid rain. p. Any loss, cost or expense arising out of any request, demand or order by a governmental authority that any insured or others test for, monitor, clean-up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the affects of"pollutants" at any site which is included on an EPA or state environmental agency priority clean-up list prior to the"pollution incident." q. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident"which results from failure of air or waste water pollution control equipment. r. "Bodily injury;" "property damage" or "preventive remedial expense" resulting from the "hazardous properties"of"nuclear material." As used in this exclusion: "Hazardous properties" includes radioactive, toxic, or explosive properties; "Nuclear material" means"source material," "special nuclear material,"or"by-product material" "Source material," "special nuclear material," and "by-product material" have the meanings given them in the Atomic Energy Act of 1954, or in any law amendatory thereof. S. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" from any insured's premises that was used by that insured for the storage, disposal, processing or treatment of waste materials and was: (1) Sealed off, closed, abandoned or alienated prior to the effective date of this policy; or (2) Sealed off or closed subject to statute, ordinance or governmental regulation or directive requiring maintenance or monitoring during or after sealing off or closure. t. "Bodily injury," "property damage" or"preventive remedial expense" arising out of waste derived from medical services, procedures, testing or research, and which could potentially transmit disease, u. Any multiple, punitive or exemplary damages or fines or penalties. However, if a "suit is brought against the insured with respect to a claim for acts or alleged acts falling within the coverage hereof, seeking both compensatory and punitive or exemplary damages, then we will afford a defense to such action, without liability for such punitive or exemplary damages. v. "Bodily iniury,""property damage" or"preventive remedial expense" arising out of: (1) the actual, alleged or threatened exposure at any time to asbestos or any loss, cost, or expense that may be awarded or incurred by reason of a claim or"suit"for such injury or damage; or (2) complying with a governmental direction or request to test for, monitor, clean-up, remove, contain, or dispose of asbestos_ Asbestos means the mineral in any form whether or not the asbestos was at any time: (1) Airborne as a fiber, particle, or dust; (2) Contained in orformed a part of product, structure, or other real or personal property; (3) Carried on clothing; (4) Inhaled or ingested; or (5) Transmitted by any other means. w. "Bodily injury" or"property damage"arising out of: (1) The transportation of"mobile equipment' by"auto" owned or operated by or rented or loaned to any insured; or (2) The use of"mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. x. Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, file://C:\Documents and Settings\jpulliam\Local Settings\Temporary Intemet Files\Content... 9/10/2012 SB300176B 0108 Page 9 of i I monitor, clean up, ren.. .a, contain, treat, detoxify or neutralize, or any way respond to, or assess the effects of"pollutants", or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of"poll utants." However, this exclusion does not apply to liability for damages because of"property damage" that is not otherwise excluded by this coverage, Office Premises Limited Pollution Coverage, unless the request, demand, order or statutory or regulatory requirement or claim or "suit" Is solely by or on behalf of a governmental authority. C,_ Paragraph 1.f..(1)(c) of Coverage Extension — Supplementary Payments, of SECTION A. COVERAGES is deleted and replaced by the following (3) Expenses incurred by the insured for first aid to others at the time of a "pollution incident" for"bodily injury"to which this insurance applies. D. SECTION C. WHO IS AN INSURED is amended as follows: 1. The following subparagraph d. is added to paragraph 4. of SECTION C.WHO IS AN INSURED: d. Coverage 4., Office Premises Limited Pollution Coverage, does not apply to "bodily injury" or "property damage" arising out of"pollution incidents" that occurred before you acquired or formed the organization. 2. The following additional paragraph is added at the end of SECTION C. WHO IS AN INSURED: No person or organization identified as an insured on any endorsement now or hereafter attached to this Coverage Part is an insured with respect to COVERAGE 4., Office Premises Limited Pollution Coverage, unless that endorsement specifically references Office Premises Limited Pollution Coverage by name. E. SECTION D. LIABILITY AND MEDICAL PAYMENTS LIMITS OF INSURANCE is deleted and replaced by the following; LIMITS OF INSURANCE 1. The Limits of Insurance described 7n this endorsement's Schedule of Limits for Office Premises Limited Pollution Coverage, and the rules below fix the most we will pay regardless of the number of, a. Insureds: b. Claims made or"suits" brought, or c. Persons or organizations making claims or bringing "suits." 2. The Pollution Liability Aggregate Limit is the most we will pay for all damages because of all "bodily injury" and "property damage" directly resulting from all "pollution incidents" to which Office Premises Limited Pollution Coverage applies. 3. Subject to 2. above, the Each Pollution Incident Limit shown in the Schedule is the most we will pay for the sum of all damages because of "bodily injury" and "property damage" directly resulting from any one "pollution incident" to which Office Premises Limited Pollution Coverage applies. 4. The Lmits of Insurance of this Office Premises Limited Pollution Coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the preceding period for purposes of determining the Limits of insurance. 5. The Limits of Insurance for this Office Premises Limited Pollution Coverage are separate from and not subject to the General Aggregate Limit for COVERAGE 1. Business Liability. 6. The Limits of Insurance for this Office Premises Limited Pollution Coverage shall not be amended by any endorsement attached to this policy which does not specifically reference Office Premises Limited Pollution Coverage. F. SECTION E. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS is amended as follows: 1. Condition 2.a, is replaced by the following: 2. Duties In The Event of Pollution incident, Claim or Suit. a. You must see to it that we are notifed as soon as practicable of a "pollution incident'that may result in a claim. To the extent possible, notice should include: (1) How, when, and where the "pollution incident"took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any release, and of any injury or damage arising out of the "pollution incident." 2. The following Condition is added: filed/C:'%Docunr-ents and Settings\jpullianalLocal SettingsUeniporary Internet Files\Content... 9/10/2012 SB300176B 0108 Page 10 of 11 Remediation of Insui._ s Premises a. Except for "preventive remedial expense" as described in paragraph 4.a.(2) of SECTION A. COVERAGES, this policy's Office Premises Limited Pollution Coverage doesn't provide coverage for clean-up of'your premises." If a "pollution incident" happens on "your premises" that poses imminent and substantial danger of "bodily injury" or "property damage" to which this insurance applies, you must promptly take at your own expense all reasonable steps to curtail' or prevent covered "bodily injury" or"property damage"from happening. b. If, in defiance of the intent of this policy, we are ever compelled by court or governmental order to pay to clean up part or all of"your premises," you agree to reimburse us for all such costs. With respect to your duties under this Condition, if a dispute arises between you and us with respect to payment and/or reimbursement for any expenses for testing, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of "pollutants" associated with "your premises," the matter shall be resolved by arbitration, and such arbitration shall be governed by the Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any ceurt having jurisdiction thereover, If a dispute subject to arbitration hereunder should arise, either party may make a demand for arbitration by filing a demand in writing with the other. There shall be three arbitrators, one named in writing by each of the parties within ten (10) days after the demand for arbitration Is given and a third chosen by the two appointed. Should either party refuse or neglect to join in the appointment of the arbitrator(s) or to furnish the arbitrators) with any papers or information demanded, the arbitrator(s) are empowered by both parties to proceed ex parte. Arbitration shall take place in Chicago, Illinois and the hearing before the arbitrators) of the matter to be arbitrated shall be at the time and place within said city as is selected by the arbitrator(s). The arbitrator(s) shall select such time and place promptly after hislher (or their) appointment and shall give written notice thereof to each party at least 20 days prior to the date so fixed. At the hearing, any relevant evidence may be presented by either party, and the formal rules of evidence app',icable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the arbitrator(s), Said arbitrator(s) shall hear and determine the matter and shall execute and acknowledge their award to writing and cause a copy thereof to be delivered to each of the two parties. The decision of any two arbitrators shall be final, binding and conclusive. The submission of a dispute to the arbitrator(s) may be rendered by any Court having jurisdiction. If three arbitrators are selected under the foregoing procedure but two of the three fail to reach an agreement in the determination of the matter in question, the matter shall be decided by three new arbitrators who shall be appointed and shall proceed in the same manner, and the process shall be repeated until a decision is finally reached by two of the three arbitrators selected. The costs of such arbitration shall be borne equally by the parties or in such proportions as the arbitrator(s) shall determine. Each party shall appoint and pay for any counsel appointed to represent it in such arbitration, unless otherwise provided in law. This Section is not to be construed to give a right of action against us by a claimant not otherwise provided by law. G. SECTION H. OTHER INSURANCE of the Businessowners Common Policy Conditions is amended to add the following paragraph 4.: 4. This condition does not apply to coverage afforded under Insuring Agreement a.(2) of Coverage 4. Office Premises Limited Pollution Coverage. H. SECTION F. LIABILITY AND MEDICAL. EXPENSES DEFINITIONS is amended to include the following definitions: "Commences during the policy period" means that the first emission, discharge, release or escape of the "pollutant" or "pollutants' from which the "bodily injury" or "property damage" arises is demonstrable as havino occurred during this policy period. "Pollution incident" means the emission, discharge, release, or escape of "pollutants," provided that such emission, discharge, release, or escape results in the injurious presence of"pollutants" In or upon land, the atmosphere, interior of a building or any water course, body of water or ground water. A series of related emissions, discharges, releases or escapes of"pollutants" will be deemed to be one "pollution incident." "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Waste facility" means any site to which waste is delivered for storage, disposal, processing or treatment, whether or not such site is licensed by a governmental authority to perform such storage, disposal, processing or treatment "Your office premises" means "locations" you own, rent or occupy for general office purposes. "Your file://C:1Documcnts and Settings\jpulliam\Local Settings\Temporary Internet FilesTontent... 9/10/2012 0300176110108 Page 11 of 11 office premises" does not �in storage yards, nor land held for specul, n or development,even if such yards or land adjoin your office building. "Your office premises" does not mean premises you live in. For the purpose of this defin'tion, 'location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-cf-way of a railroad. fileWC:Doeunients and Settirrgs%Jpulliam\Loeal Settings\Temporary Internet Files\Content... 9/10/2012 Client#: 1045350 RAEDEASC ACORD,. CERTIFICATE OF LIABILITY INSURANCE 312812013 DA28I2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES y BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kibble&Prentice,a USI Co PR PHONE 206 441-6300 F 610.362.8530 (AID,No,Ezt): A/C,No 601 Union Street, Suite 1000 E-MAIL ADDRESS: PL.CertRequest@kpcom.com uest k com.com .... ..:Seattle,WA 98101 -.. _. INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Travelers Indemnity Co.of Amer 25666 INSURED INSURER B:Lloyds of London A85202 Raedeke Associates Inc. .. - - - — INSURER C: 9510 Stone Ave. N - --- : Seattle,WA 98103 INSURER D -- INSURER E INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACI OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'INSR ADOL SUER - POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IN R WVD POLICY NUMBER _ _ MM/DD/YYYY MM/DDIYYYV LIMITS A GENERAL LIABILITY - - 6809C618626 03/31/2013 03/31/2014 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO $1000000 Ili CLAIMS-MADE OCCUR _MED EXP IAnyoneperson) $10,000 PERSONAL&ADVINJURY $2,000,000 GENERAL AGGREGATE s4,00,000 GEN'LAGCHEGATE HMITAPPLIES PER: PRODUCTS-COMP/OPAGG 54,000,000 POLICY X PRO LOC S JECT AAUTOMOBILE LIABILITY BA9C619788 03/31/2013 03/31/201 COMBINED SINGLE umur (OMBI GE[� 92,000,000 X ANY AUTO BODILY INJURY(Par person) $ ALL OLVNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ---- X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS X AUTOS Ferealtlent` _ I $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ LED RETENTION ___ _..- $ WORKERS COMPENSATION VJC STATU OTIL A 6809C618626 3131I2013 03/31/2014' To BY urinS I X EB_ AND EMPLOYERS'PARITIITV ANY PROPRIETOR/PARTNERI=%ECUTIVE r�Y p1��N� (WA Stop Gap) E.L.EACH ACCIDENT $1,000,000 OFFICERWEMBER EXCLUDEW N NIA. (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS be;ow E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional W1389C130101 0313112013I.0313112014 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Kent On-Call Services -Wetland &Wildlife Consulting, RAI No.2012.042 The General Liability policy includes a blanket automatic Additional Insured endorsement that provides Additional Insured and a Blanket Waiver of Subrogation status to the Certificate holder,only when there is a written contract or written agreement between the named insured and the certificate holder that requires - such status, and only with regard to the above referenced on behalf of the named insured. CERTIFICATE HOLDER CANCELLATION Cif Of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o Msl Julie Pulliam Eco Com Dev Dept ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S9534924/M9533505 MZBJU This page has been left blank intentionally: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section Ill) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for "bodily in- However, If you specifically agree in a "contract or jury", "property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis;this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you; or share with the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other. tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS (Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property If. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tons for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 - Q 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission COMMERCIAL GENERAL LIABILITY injury' or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury' offense is committed. 'property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury' is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 ©2007 The Travelers Companies,Inc- CG D3 81 09 OT Includes the copyrighted material of Insurance Services Office, Inc.,with its permission COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- a written contract or agreement that is signed and ment, the provisions of the Coverage Form apply executed by you before the 'bodily injury" or"property unless modified by the endorsement. damage" occurs and that is in effect during the policy The following is added to the Section II — Liability period is an "insured" for Liability Coverage, but only Coverage, Paragraph A.I. Who Is An Insured Pro- for damages to which this insurance applies and only vision: to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision Any person or organization that you are required to contained in Section Il. include as additional insured on the Coverage Form in CA T4 37 08 08 0 2008 The Travelers Companies,Inc. Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- required of you by a written contract executed ment, the provisions of the Coverage Form apply prior to any "accident' or "loss", provided that the unless modified by the endorsement. "accident' or "loss" arises out of the operations Paragraph 5. Transfer of Rights Of Recovery contemplated by such contract. The waiver ap- Against Others To Us of the CONDITIONS section plies only to the person or organization desig- is replaced by the following: nated in such contract. 5. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent CA T3 40 08 08 ©2008 The Travelers companies,Inc. Page 1 of 1 __TV "�- 4400 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes WASHINGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator 1jcc 01 (LV Phone (Originator): — Q 2 Date Sent: 7 Date Required Return Signed Document to: n CONTRACT TERMINATION DATE: VENDOR NAME: DATE OF COUNCIL APPROVAL: Jam! r} Brief Explanation of Document C� ("t C,e"s +, 4 5 . ,n0t1 e-�Fc�ecQ 2D, b�o k CCj All Contracts Must Be Routed Through the law Department (This Aiea to be Completed By the Law Department) r 11 IMMED Received: RECEIVED "' 1 JAN t 14 , Approval of Law Dept.: c t Comments. JAN 10 Z014 1,(i'l� �' c�nc OF Law De . . A KENT LAW DEPT. Date Forwarded to Mayor: j 151 I Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments: Disposition: / f / 4 7144�e City of Kent r "Date Returned: age 870 • 11l05