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HomeMy WebLinkAboutPW14-015 - Original - Tierra Right of Way Services, Ltd. - Bartley Reestablishment Mediation Services - 01/14/2014 � Records ana -emen ��Td wq=„ ..... Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Tierra Right of Way Services, Ltd. Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Bartley Reestablishment Mediation Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 1/14/14 Termination Date: 3/1/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ingrid Willms-Dixon Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide relocation technical services for theeproject. S:Public\RecordsManagement\Forms\ContracLCover\adcc7832 11/08 ICENT wA= ,� CONSULTANT SERVICES AGREEMENT between the City of Kent and Tierra Right of Way Services, Ltd. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tierra Right of Way Services, Ltd, organized under the laws of the State of Arizona, located and doing business at 2611 NE 125th Street, Suite 202, Seattle, WA 98125, Phone: (520) 319-2106/Fax: (520) 323-3326, Contact: Mack Dickerson (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide relocation technical services for the Bartley Reestablishment Mediation. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by March 1, 2014, III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Thousand Dollars ($3,000.00), 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 Agreement. The City shall provide payment within forty-five (45) days of receipt of CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) 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 (Under�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 (Under$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 (Under$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: r CITY OF KENT: 13y a lrJ1�1r �' 13y c2 (Sig Nre (signature) Print Name: "' a � Print Name. Mark Howlett Its:9pj" _ le 01 Its: Design Engineering Manager (title) DATE: f ``7 6 I DATE: 1 I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mack Dickerson Timothy J. LaPorte, P.E. Tierra Right of Way Services, Ltd. City of Kent 2611 NE 125`h St., Suite 202 220 Fourth Avenue South Seattle, WA 98125 Kent, WA 98032 (520) 319-2106 (telephone) (253) 856-5500 (telephone) 52D 323-3326 (facsimile) (253) 856-6500 (facsimile) Tierra R'art of Way-Bartley 3/Wi1fms-Dixon CONSULTANT SERVICES AGREEMENT 5 (Under$10,000) DECLARATION CITY OF (CENT 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. _ yy1 �� i�14 For: r' 3t rI'� � Title: l C.t Date:�o EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF (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 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A t17- y December 19, 2013 Ingrid WiLlms-Dixon City of Kent,Design Engineering 220 Fourth Avenue South Kent,WA 98032 t Re: Horseshoe Bend Levy Project Bartley Reestablishment Mediation Dear Ingrid, I Tierra Right of Wav Services,Ltd.,is pleased to provide you with the following scope of work for the project referenced above, Scope of Work: � Provide relocation assistance technical assistance and support to the City of Kent for settlement through mediation regarding the Bartley claim for reestablishment benefits. These services will be provided by the undersigned who will assist the City and City Attomey in developing their position to be presented to the mediator. The undersigned will review the documentation available upon receipt of Notice to Proceed, attend one day of preparation Wednesday januaty 8`r' or Tlrarsday,January 9`s,2014 and will participate in the mediation process scheduled for Friday,January 10'. i I Cost: Estimate of 24 hours at$125 pet hour:Total$3,000.00 I Should you have any questions,please feel free to contact me. i i Sincerely, Mack Dickerson,SR/WA,RW-RAC, GRI Vice President,Right of Way Operations 13andye K. Perriclq President &.6rokcr 2611 1V.E. 125,^ Street, Suit, 202 a Geattle, Washington 99125 a 206.363.1556 o Fan; 206,363,0106 Right of Wady Cultural Resaurcey Environln en rnl Planning Federal, state, end Laval Perm icting o GISICAD Mapping w ww.cicr ru-ro w.<om I EXHIBIT INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single 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 and a $1,000,000 products-completed operations aggregate limit. EXHIBIT (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than 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 Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. OP ID:Be �►�r ,. CERTIFICATE OF LIABILITY INSURANCE ()7t03113 DAT3 I 07/013 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(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 602.2645533 22MEACT Stuckey Ins&Assoc Agencies 602-279-9336 PHONE FAX 5343 N.16th Street,Suite 110 ac No 50, Arc No: Phoenix,AZ 85016 E-MAIL Larry Stuckey CPCU CLU ADDRESS: CUSTOMEERRIo •TIERR-4 INSURER(S)AFFORDING COVERAGE NAICB INSURED Tierra Right of Way INSURER A:Phoenix insurance Company 25623 1575 E.River Rd.#201 INSURER s:Travelers Prop Cas of America 25674 TucsorI 85718.6831 wsuRER c:Travelers Indemnify Company 25658 INSURER D:Travelers Indemnity Co of CT 25682 INSURER E:XL Specialty Ins Co 37885 INSURER P: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !S TYPE OFINSURANCE oDLSUER POLIDYEFF POLICY EXP a POUCYNUMaER MMIDO/YY1'Y MMIDDAYYV LIMITS GENERAL UA31Loy EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 6804832L470 07/10M3 07/10/14 UAMAC PREMISES KLNIunence s 300,000 CLAIMS-MADE xOCCUR MED EXP(Any one Person) $ 10,000 X Contractual Liab PERSONALBADV INJURY S 1,000,000 X XCU coverage NO DEDUCTIBLE GENERAL AGGREGATE $ 2,000,000 GENILAGGR=GATE LIMITAPPLiES PER: PRODUCTS-COMR(OP AGG $ 2,000,000 POLICY X PRO- ]LOC S AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT S 1,000,000 B X ANY AUTO SAG3991-303 07/10H3 07/10/14 (Ea amidI ALL GwNEonuros NO DEDUCTIBLE BODILY INJURY(Perpamon) S BODILY:NJURY(Peracdden0 S SCHECULEDAUTOS - PROPERTY DAMAGE X HIRED AUTOS (Pereccimn) S X NON-0WNED AUTOS - S S UN75REL LA LAID X OCCUR EACHOCCURRENCE S 5,000,000 X' E%CEBS LIAa CLAIidS-MADE AGGREGATE S S,000,000 C CUP71BOY034 07/10/13 07/10114 DEDUCTIBLE X RETENTION S 10000 S H - 5 WORKERS COMPENSATION I X Woo RYTAl'U- I OFH- AND En1PLOYERS LIAaiL`W TO LRdITS _. D AI4Y PROPRIETO,RIPARTNERIEXBCUTIVE YIN UB9213Y734 07/10/13 07110/14 E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? h @!A (M.n dafory in NH) LDISEASE-EA EMPLOYE S 1,000,000 If ==-s,describe untlar D SCRIPTIONDFOPERAI'IONS below E.LDISEASE-POLiCYLIMIT IS 1,000,000 E Professional Liah I I ICPR979339 01/1/111 I 17/10114 Per Claim '� z,p00,0o0 Includes NETWORK SECURITYLIAB, Aggregate 2,000,000 Profess IPTION OP'OPERATIDN9/laims Made a/VEHICLES oat ADORD1J1,AddlNcnal Raplgrks$chedu;a,I.more space 6-required) Professional Liability-Claimsitlon -Betio Date oerwr8 - City eof c?tent is included as additional Insured as per written contributory ry respects to general and auto liability on a primary and non contributory basis. CERTIFICATE_HOLDER CANCELLATION SHOULD AIJY OF THE ABOVE DESCRIBED POLICIES BE CANGPLLED BEFORE City Of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL SE DELIVERED IN 400 Nest Govv3 ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA$8032 _.._--- Au rNOI:IzeD REPRESENTATIVE ."AEI p J 1988-2009 ACORD CORPORATION, All rl_ahts reserved. ACORD 26(2009109) The ACORD name and logo are registered marks of ACORD i I POLICY NUMBER: 680-4832L470-PHX-13 EFFECTIVE DATE: 07-10-13 ISSUE DATE: 06-20-13 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. * IL TO 25 08 01 RENEWAL CERTIFICATE * MP TO O1 02 05 BUSINESSOWNERS COVERAGE PART DECS * IL T8 01 01 01 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS IL T3 15 09 07 COMMON POLICY CONDITIONS * IL TO 20 02 05 ADDITIONAL LOCATIONS [ r i BUSINESSOWNERS i i * CP T9 62 07 11 LOSS PAYABLE PROVISIONS-WA * CP 12 18 06 95 LOSS PAYABLE PROVISIONS * MP T1 30 02 05 TBL OF CONT-BUSINESSOWNERS COV-DELUXE MP TI 02 02 05 BUSINESSOWNERS PROPERTY COV-SPEC FORM MP Tl 05 02 05 AMENDATORY PROVISIONS-OFFICES MP PO 01 09 07 ARCHITECTS,ENGINEERS & SURVEYORS END * MP T3 07 03 97 PROTECTIVE SAFEGUARDS-SPRINK&RESTAURANT MP T3 25 OS 08 TERRORISM RISK INS ACT OF 2002 NOTICE. * MP T3 29 02 05 ERISA COVERAGE MP T3 50 11 06 EQUIP BREAKDOWN SERV INTERRUPTION LIM MP T3 56 02 08 AMENDATORY PROVISIONS-GREEN BLD * MP T1 55 02 05 AMEND EMPLOYEE DISHONESTY LIMIT CP T9 58 02 11 ARIZONA CHANGES CP O1 32 06 04 ARIZONA CHANGES CP O1 60 12 98 WASHINGTON CHANGES - DOMESTIC ABUSE MP T4 31 12 09 WA CHANGES COMMERCIAL GENERAL LIABILITY i CG D3 15 11 03 BLANKET DESIG LOCATION(S) GENL AGGR LMT CG TO 34 11 03 TABLE OF CONTENTS CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY COV FORM CG D2 55 11 03 AMENDMENT OF COVERAGE - POLLUTION CG D3 09 11 03 AMEND MDT-PRODUCTS-COMPLETED OPR HAZARD CG D3 81 09 07 ADDT INSURED ARCHITECT,ENGINEER,SURVEYOR * CG D3 82 09 07 ADDL INSURED-ARCHITECT,ENGINEER,SURVEYOR CG D4 71 02 09 AMEND COVERAGE B - PERS & ADV INJURY CG 21 70 01 08 CAP ON LOSSES-CERTIFIED ACTS-TERRORISM CO DO 37 04 05 OTHER INSURANCE-ADDITIONAL INSUREDS CG D2 03 12 97 AMEND-NON CUMULATION OF EACH OCC CG D3 79 09 07 ARCHITECT,ENGINEER,SURVEYOR XTEND ENDORS CG D4 13 04 08 AMENDMENT OF COVERAGE-COOLING-POLLUTION 3 CG D2 88 11 03 EMPLOYMENT-RELATED PRACTICES EXCLUSION CG D3 26 10 11 EXCLUSION - UNSOLICITED COMMUNICATION CG D3 56 01 05 MOBILE EQUIP/EXCL VEHICLES SUB TO MV LAW CG D3 80 10 11 EXCL-ENGIN ARCHITECT OR SURVEY PROF LIAR * TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. IL T8 01 01 01 PAGE: 1 OF 2 TRAVELERSJ POLICY NUMBER: BA-6399L303-13-GRP EFFECTIVE DATE: 07-10-13 ISSUE DATE: 06-20-13 i LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS i i THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL TO 02 11 89 COMMON POLICY DECLARATIONS IL T8 01 10 93 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS IL TO 01 01 07 COMMON POLICY CONDITIONS COMMERCIAL AUTOMOBILE CA TO 01 02 07 BUSINESS AUTO COV PART ITEMS 1, 2 CA TO 02 11 06 BUSINESS AUTO COV PART DEC- ITEM 3 i CA TO 03 03 10 BUS AUTO COV PART DECLARATIONS-4&S CA TO 30 11 06 BUSINESS AUTO/TRUCK COV PART-SUPPL SCHD CA TO 31 03 10 TABLE OF CONTENTS-BUSINESS AUTO COV FORM CA 00 .01 03 10 BUSINESS AUTO COVERAGE FORM CA T4 20 07 10 AUTO COVERAGE PLUS ENDORSEMENT CA T4 59 03 10 AMENDMENT OF EMPLOYEE DEFINITION CA 01 39 12 01 NEW MEXICO CHANGES CA 01 75 07 04 ARIZONA CHANGES CA 04 23 07 04 ARIZONA-FULL GLASS COVERAGE CA 20 48 02 99 DESIGNATED INSURED CA 21 39 07 09 ARIZONA UM COVERAGE CA 21 40 07 09 ARIZONA UIM COVERAGE CA 31 29 08 11 NM UM MOTORISTS COV - NONSTACXED CA 99 03 03 06 AUTO MED PAY COVERAGE CA 99 10 03 10 DRIVE OTHER CAR COV-BROAD COV NAMED INSD CA T3 40 08 08 BLANKET WAIVER OF SUBROGATION CA T4 37 08 08 BLANKET ADDITIONAL INSURED CA 02 50 02 99 NEW MEXICO CANCELLATION CHANGES CA T3 04 01 87 AMENDED TITLE-AUTO COVERAGE PARTS i i i INTERLINE ENDORSEMENTS IL 00 21 09 08 NUCLEAR ENERGY LIAR EXCL END-BROAD FORM i C 4 i i IL TS 01 10 93 PAGE: I OF 1 ANk '11WRAVELERV WORKERS COMPENSATION I AND ONE T0W6R SQUARE HARTFORD, CTEMPLOYERS LIABILITY POLICY CT 0606183 ENDORSEMENT WC 00 00 01 (A) POLICY NUMBER: (XVMPEUE-9213Y78-4-13) LISTING OF ENDORSEMENTS EXTENSION OF INFO PAGE We agree that the following listed endorsements form a part of this policy on its effective date. WC 00 00 01 A - 001 INFORMATION PAGE WC 00 00 01 A - 001 INFORMATION PAGE 2 WC 00 00 01 A - 001 EXTENSION OF INFORMATION PAGE - SCHEDULE WC 00 00 01 A - 001 ENDORSEMENT LISTING WC 99 06 07 00 - 001 PARTICIPATING ENDORSEMENT WC 00 03 13 00 - 001 WAIVER OF OUR RIGHT TO RECOVER j WC 00 04 14 00 - 001 NOTIFICATION OF CHANGE IN OWNERSHIP ENDT I WC 00 04 22 A - 001 TERRORISM-REAUTHORIZATION ACT DISCLOSURE WC 00 04 21 C - 001 CATASTROPHE (O/T CERT. ACTS OF TERR)ENDT WC 99 04 08 00 - 001 PREMIUM DISCOUNT ENDORSEMENT u WC 00 04 19 00 - 001 PREMIUM DUE DATE ENDORSEMENT WC 02 04 01 C - 001 AZ ALCOHOL & DRUG FREE WK PLACE PREM END WC 02 06 01 00 - 001 ARIZONA CANCELATION ENDORSEMENT WC 30 03 D1 00 - 001 NM SAFETY DEVICE COVERAGE ENDORSEMENT WC 30 04 01 A - 001 NM WC PREM ADJ PROGRAM WC 30 06 01 00 - 001 NM CANCELATION AND NONRENEWAL ENDT i t I DATE OF ISSUE: 06-20-13 STASSIGN: Page 1 of LAST k POLICY NUMBER; CUP-7180YO34-13-47 EFFECTIVE DATE: 07/10/2013 ISSUE DATE: 06/20/2013 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS ! BY LINE OF BUSINESS I i CG TO 14 04 96 POLICY DECLARATIONS COMMERCIAL EXCESS LIABILITY UMBRELLA IL T8 01 01 OS FORMS ENDORSEMENTS AND SCHEDULE NUMBERS UMBRELLA / EXCESS r t CG DO 23 04 96 SCHEDULE OF UNDERLYING INSURANCE I UM 00 01 11 03 COMMERCIAL EXCESS LIABILITY UMBRELLA INSURANCE UM 03 45 02 00 AUTO LIABILITY - FOLLOWING FORM UM 03 81 Ol 08 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM UM 03 92 11 03 EMPLOYERS LIABILITY - FOLLOWING FORM f UM 04 45 05 06 AMENDMENT OF WHO IS AN INSURED UM 04 77 07 08 AMENDMENT OF DUTIES IN THE EVENT OF OCCURRENCE OR F OFFENSE CLAIM UM 04 88 07 08 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS 1 UM 05 11 02 09 AMENDMENT OF COVERAGE B - PERSONAL INJURY AND x ADVERTISING INJURY LIABILITY R UM 06 03 11 10 CRISIS MANAGEMENT SERVICES EXPENSES UM 00 94 08 86 AMENDMENT OF COVERAGE - NAMED INSURED UM 01 52 11 03 EMPLOYEE BENEFITS LIABILITY UM 03 37 01 99 REASONABLE FORCE - BODILY INJURY OR PROPERTY DAMAGE UM 00 76 01 86 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENTBROAD FORM UM 01 66 08 91 EXCLUSION - LEAD INCLUDING PRODUCTS - COMPLETED OPERATIONS HAZARD UM 01 91 01 02 WAR EXCLUSION UM 01 96 07 96 EXCLUSION - ASBESTOS UM 04 15 10 11 EXCLUSION - UNSOLICITED COMMUNICATIONS UM 04 49 09 07 EXCLUSION - ARCHITECTS ENGINEERS OR SURVEYORS PROFESSIONAL LIABILITY UM 05 30 03 09 EXCLUSION - DISCRIMINATION UM 06 09 10 11 EXCLUSION - VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS UM Ol 08 11 03 AZ MANDATORY ENDORSEMENT UM 03 98 11 11 AMENDMENT OF COVERAGE - PROPERTY DAMAGE INTERLINE ENDORSEMENTS IL T3 68 05 10 FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE i IL T8 01 01 01 PAGE: 1 OF 1 CA T3 40 08 08 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 endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph 5. Transfer of Rights Of Recovery Against Others To Us of the CONDITIONS section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident' or "loss", provided that the "accident' or 'loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. CA T3 40 08 08 Priva I Legal Notices POGB 1?�a Travelers Companies, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) 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- tional insured as a named insured, and we will not b. In connection with premises owned by or share with the other insurance, provided that: rented to you; or 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- m� 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 when the insured is an additional insured under ° s limited as follows: any other insurance. a d. This insurance does not apply on any basis to 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 f. 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 tions 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 8109 07 (=)2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance services Office, Inc.,with its permission 001838 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. ©2007 The Travelers Companies,Inc. CG D3 8109 07 Page 2 of 2(c)2007 The Travelers Companies,Inc. CG D3 8109 07 Includes the copyrighted material of Insurance services Office,Inc.,with its permission .. .. ... .... .. . WC 00 03 13 00 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: i DESIGNATED ORGANIZATION: as required by written contract WC 00 03 13 00 i i { — --- --- --- --, . _---- I ...-- ----------- Privacy Legal Notices j MODS he Travelers Companies,Inc. i i i C C C 1 c `s i i Ii t c i s i i i l COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART " i GENERAL DESCRIPTION OF COVERAGE Provisions A. — T. and V. of this endorsement broaden coverage. Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties,and what is and is not covered. A. Broadened Named Insured N. Additional Insured — Architect, Engineer Or B. Incidental Medical Malpractice Surveyor C. Reasonable Farce — Bodily Injury Or Property O. Who Is An Insured —Newly Acquired Or Formed Damage Organizations D. Non-Owned Watercraft— Increased To Up To 75 P. Who Is An Insured — Unnamed Partnership Or feet Joint Venture--Excess E. Aircraft Chartered With Crew 0. Per Project General Aggregate Limit P. Extension Of Coverage — Damage To Premises R. Knowledge And Notice Of Occurrence Or Rented To You Offense G. Malicious Prosecution — Exception To Knowing S. Unintentional Omission Violation Of Rights Of Another Exclusion T. Waiver Of Transfer Of Rights Of Recovery H. Medical Payments Limit Against Others To Us When Required By Con- tract Or Agreement L Increased Supplementary Payments U. Amended Bodily Injury Definition J. Additional Insured — Owner, Manager Or Lessor V. Amended Insured Contract Definition — Railroad Of Premises Easement K. Additional Insured—Lessor Of Leased Equipment i W. Amended Property Damage Definition—Tangible L. Additional insured — State Or Political Subdivi- Property sions—Permits Relating To Premises X. Additional Definition — Contract or Agreement is M. Additional Insured — State Or Political Subdivi- Requiring Insurance stars—Permits Relating To Operations PROVISIONS coverage for any such additional organization A. BROADENED NAMED INSURED will cease as of the date, if any, during the 1 policy period, that you no longer are the sole 1. The Named Insured in Item 1. of the Com- owner of, or maintain the majority ownership mon Policy Declarations is amended as fol- interest in, such organization. lows: 2. This Provision A. does not apply to any per- ; The person or organization named in Item 1, son or organization for which coverage is ex- 4 of the Common Policy Declarations and any cluded by another endorsement to this Cov- organization, other than a partnership, joint erage Part. venture, limited liability company or trust, of B. INCIDENTAL MEDICAL MALPRACTICE which you are the sole owner or in which you maintain the majority ownership interest on 1. The following is added to Paragraph 1. Insur- the effective date of the policy. However, ing Agreement of COVERAGE A BODILY CG D3 79 09 07 Q 2007 The Travelers Companies,Inc. Page 1 of 8 i COMMERCIAL GENERAL LIABILITY INJURY AND PROPERTY DAMAGE Lb C. REASONABLE FORCE — BODILY INJURY OR ABILITY in COVERAGES (Section I): PROPERTY DAMAGE "Bodily injury"arising out of the rendering of, The Expected Or Intended Injury Exclusion in or failure to render, "first aid" or "Good Sa- Paragraph 2, Exclusions of COVERAGE A maritan services" to a person, other than a BODILY INJURY AND PROPERTY DAMAGE oo-"employee" or "volunteer worker", will be LIABILITY in COVERAGES (Section I). is de- deemed to be caused by an 'occurrence". leted and replaced by the following: For the purposes of determining the applica- Expected Or Intended Injury Or Damage ble limits of insurance, any act or omission together with all related acts or omissions in "Bodily injury" or "property damage" expected or the furnishing of the services to any one per- intended from the standpoint of the Insured. This son will be deemed one"occurrence", exclusion does not apply to 'bodily injury" or "property damage" resulting from the use of rea- j 2. As used in this Provision B.: sonable force to protect any person or property, a. "First aid" means medical or nursing ser- D. NON-OWNED WATERCRAFT — INCREASED vice, treatment, advice or instruction; the TO UP TO 75 FEET related furnishing of food or beverages; the furnishing or dispensing of drugs or 1. The exception contained in Subparagraph (2) medical supplies or appliances; of the Aircraft, Auto Or Watercraft Exclu- sion in 2. Exclusions of COVERAGE A b- "Good Samaritan services" means those BODILY INJURY AND PROPERTY DAM- medical services rendered or provided in AGE LIABILITY in COVERAGES (Section I) an emergency and for which no remu- is deleted and replaced by the following; neration is demanded or received. (2) A watercraft you do not own that Is: f 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section 11) does not apply to any of your "employees", who are not employed as (b) Not being used to carry persons or a doctor or nurse by you, but only while per- property for a charge; forming the services described in Paragraph 2, Only as respects the insurance provided by 1. above and while acting within the scope of this Provision D., WHO IS AN INSURED their employment by you. Any such "employ- (Section 11) is amended to include as an in- ees" rendering "Good Samaritan services" sured any person who, with your expressed will be doomed to be acting within the scope or implied consent, either uses or is respon- of their employment by you. sible for the use of the watercraft. 4. The following exclusion is added to Para- 3. The insurance provided by this Provision D. graph 2. Exclusions of COVERAGE A BOD• shall be excess over any valid and collectible ILY INJURY AND PROPERTY DAMAGE other insurance available to the insured, LIABILITY in COVERAGES (Section I): whether primary, excess, contingent or on Sale of Pharmaceuticals any other basis, except for insurance pur- "Bodily injury" or"property damage" aris- chased specifically by you to apply in excess ing out of the willful violation of a penal of the Limits of Insurance shown in the©eels- p statute or ordinance relating to the sale of rations for this Coverage Part. pharmaceuticals committed by or with the E. AIRCRAFT CHARTERED WITH CREW knowledge or consent of the insured. 1. The following is added to the exceptions con- 5. The insurance provided by this Provision B. tained in the Aircraft, Auto Or Watercraft shall be excess over any valid and collectible Exclusion in Paragraph 2. Exclusions of other insurance available to the insured, COVERAGE A BODILY INJURY AND whether primary, excess, contingent or on PROPERTY DAMAGE LIABILITY in COV- any other basis, except for insurance pur- ERAGES (Section 1): chased specifically by you to apply in excess o Aircraft chartered with crew, including a pilot, f the Limits of Insurance shown in the Decla- s to any insured. i rations for this Coverage Part. Page 2 of 8 ©2007 The Travelers Companies,Inc. CG D3 79 09 07 , I COMMERCIAL GENERAL LIABILITY 2. This Provision E. does not apply if the char- any one premises while rented to you, or tared aircraft is owned by any insured. temporarily occupied by you with permission 3. The insurance provided by this Provision E. of the owner,caused by: fire; explosion; light- shall be excess over any valid and collectible nmg; smoke resulting from such fire, explo- other insurance available to the insured, sion, or lightning; or water. The Damage To whether primary, excess, contingent or on Premises Rented To You Limit will apply to any other basis, except for insurance pur- all "property damage" proximately caused by the same "occurrence", whether such dam- chased specifically you to excess age results from: fire; explosion; lightning; of the Limits of Insurance shownn in in the Decla- i rations for this Coverage Par[. smoke resulting from such fire, explosion, or I F. EXTENSION OF COVERAGE — DAMAGE TO lightning; or water; or any combination of any of these causes. PREMISES RENTED TO YOU The Damage To Premises Rented To You t. The last paragraph of COVERAGE A BOD- Limit will be the higher of: ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section 1) is a. $1,000,000; or deleted and replaced by the following: b, The amount shown for the Damage To Exclusions c.through n. do not apply to dam- Premises Rented To You Limit in the age to premises while rented to you, or tam- Declarations for this Coverage Part. porarily occupied by you with permission of A. Paragraph a. of the definition of"insured con- the owner, caused by: tract"in DEFINITIONS (Section V)is deleted a. Fire, and replaced by the following: b. Explosion; a. A contract for a lease of premises. How- ever, that portion of the contract for a c. Lightning; lease of premises that indemnifies any d. Smoke resulting from such fire, explo- person or organization for damage to sion, or lightning; or premises while rented to you, or tempo- e. Water. rarity occupied by you with permission of the owner, caused by: fire; explosion; A separate limit of insurance applies to this lightning; smoke resulting from such fire, coverage as described in LIMITS OF IN. explosion, or lightning; or water is not an SURANCE(Section 111). "insured contract'; 2. The insurance under this Provision F. does g, This Provision F. does not apply if coverage not apply to damage to premises while rented for Damage To Premises Rented To You of to you, or temporarily occupied by you with COVERAGE A BODILY INJURY AND permission of the owner,caused by. PROPERTY DAMAGE LIABILITY in COV- a. Rupture, bursting, or operation of pres- ERAGES (Section 1) is excluded by another �Y sure relief devices; endorsement to this Coverage Part. b. Rupture or bursting due to expansion or G. MALICIOUS PROSECUTION —EXCEPTION TO swelling of the contents of any building or KNOWING VIOLATION OF RIGHTS OF AN- structure,caused by or resulting from wa- OTHER EXCLUSION ter; or The following is added to the Knowing Violation c. Explosion of steam boilers, steam pipes, Of Rights Of Another Exclusion in 2. Exclu- I steam engines, or steam turbines. sions of COVERAGE B PERSONAL INJURY, 3. Paragraph 6. of LIMITS OF INSURANCE ADVERTISING INJURY AND WEB SITE IN- (Section III) is deleted and replaced by the JURY LIABILITY of the WEB XTEND LIABILITY following: Endorsement: Subject to 5. above, the Damage To Prem- This exclusion does net apply to "personal injury" ises Rented To You Limit is the most we will. caused by malicious prosecution. pay under Coverage A for the sum of all damages because of "property damage" to CG D3 79 09 07 ®2007 The Travelers Companies,Inc, Page 3 of 8 i COMMERCIAL GENERAL LIABILITY i H. MEDICAL PAYMENTS LIMIT (2) Any structural alterations, new con- The Medical Expense Limit shown in the Declara- struction or demolition operations tions for this Coverage Part is increased to performed by or on behalf of such $10,000. additional insured; or I. INCREASED SUPPLEMENTARY PAYMENTS (3) Any premises for which coverage is 1.b. and 1.d. of SUPPLEMENTARY excluded by another endorsement to Paragraphs PAYMENTS — COVERAGES A AND B in COV- this Coverage Part. ERAGES(Section I)are amended as follows: 3. This Provision J. does not apply on any - basis to any person or organization for 1. in Paragraph 1.b., the amount we will pay for which coverage as an additional insured the cost of bail bonds is increased to $2500, specifically is added by another en- 2. In Paragraph 1.d., the amount we will pay for dorsement to this Coverage Part. loss of earnings is increased to$500 a day. K. ADDITIONAL INSURED — LESSOR OF J. ADDITIONAL INSURED — OWNER, MANAGER LEASED EQUIPMENT OR LESSOR OF PREMISES 1. WHO IS AN INSURED (Section It) is 1, WHO IS AN INSURED (Section II) is amended to include as an insured: amended to include as an insured: Any person or organization that you have Any person or organization that you have agreed in a contract or agreement to include agreed in a contract or agreement to include as an additional insured on this Coverage as an additional insured on this Coverage Part,but: Part, but: a. Only with respect to liability for"bodily in- a, Only with respect to liability for"bodily in- jury" or"property damage"that occurs, or jury" or"property damage"that occurs, or "personal injury' caused by an offense "personal injury" caused by an offense committed, after you have entered into committed, after you have entered into that contract or agreement;and that contract or agreement; and b. Only if the "bodily injury", "property Jam- b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in age" or "personal injury' is caused, in whole or in part, by acts or omissions of whole or in part, by acts or omissions of you or any person or organization per- you or any person or organization per- forming operations on your behalf, in the forming operations on your behalf, and maintenance, operation or use of equip- arises out of the ownership, maintenance ment leased to you by such additional in- or use of that part of any premises leased sured. to you under that contract or agreement. 2. The insurance provided to such additional 2. The insurance provided to such additional insured under this Provision K. is subject to insured under this Provision J. is subject to the following provisions: the following provisions: a. The limits of insurance afforded to such a. The limits of insurance afforded to such additional insured shall be the limits additional insured shall be the limits which you agreed to provide in the con- which you agreed to provide in the con- tract or agreement, or the limits shown in tract or agreement, or the limits shown in the Declarations for this Coverage Part, the Declarations for this Coverage Part, whichever are less; and whichever are less;and b. The insurance afforded to such additional b. The insurance afforded to such additional insured does not apply: s insured does not apply to: (1) To any "bodily injury" or "property (1) Any "bodily injury" or "property dam- damage" that occurs, or"personal in- age" that occurs, or "personal Injury" jury" caused by an offense commit- caused by an offense committed, af- ted, after the equipment lease ex- ter you cease to be a tenant in that pires;or premises; Page 4 of 8 0 2007 The Travelers Companies,Inc. CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY i I (2) If the equipment is leased with an N. ADDITIONAL INSURED — ARCHITECT, ENGI- operator. NEER OR SURVEYOR 3. This Provision K.does not apply on any basis 1. The following is added to Paragraph 2. of to any person or organization for which cov- WHO IS AN INSURED(Section 11)to include erage as an additional insured specifically is as an insured; added by another endorsement to this Cov- Any architect, engineer or surveyor engaged I erage Part, by or for you that you agree in a "contract or L. ADDITIONAL INSURED -- STATE OR POLITI- agreement requiring insurance" to include as CAL SUBDIVISIONS — PERMITS RELATING an additional insured on this Coverage Part, TO PREMISES but only with respect to liability for"bodily in- The following is added to Paragraph 2. of WHO jury", "property damage" or "personal injury" _ IS AN INSURED (Section II) to include as an that is caused, in whole or in part, by acts or insured: omissions of you or any person or organiza- tion acting on your behalf in connection with Any state or political subdivision that has issued a your premises or"your work". permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, but only 2. This Provision N.does not apply on any basis with respect to "bodily injury", "property damage", to any person or organization for which caw I "personal injury"or"advertising injury" arising out erage as an additional insured specifically is of the existence, ownership use, maintenance, added by another endorsement to this Cov- eragerepair, construction,erection or removal of adver- tising signs, awnings, canopies, cellar entrances, O. WHO IS AN INSURED—NEWLY ACQUIRED coal holes,driveways, manholes, marquees, hoist OR FORMED ORGANIZATIONS } away openings, sidewalk vaults, elevators, street 1. Paragraph 4.a, of WHO IS AN INSURED banners or decorations for which that state or (Section 11) is deleted and replaced by the - political subdivision has issued such permit. following: M. ADDITIONAL INSURED — STATE OR POLITI- a. Coverage under this provision is afforded CAL SUBDIVISIONS — PERMITS RELATING only until the 180th day after you acquire TO OPERATIONS or form the organization or the end of the The following is added to Paragraph 2. of WHO policy period, whichever is earlier. Any IS AN INSURED (Section II) to include as an such newly acquired or formed organize- Insured: tion that you report in writing to us within Any state or political subdivision that has issued a 180 days after you acquire or form the permit, but only with respect to "bodily injury", organization will be covered under this E "property damage", 'personal injury" or"advertis- provision d t ifitheee end of the poliothan 80 pe- ing injury" arising out of operations performed by you or on your behalf for which that state or po- days remaining unlit the end of the policy litical subdivision has issued such permit. How- - period; ever, no such state or political subdivision is an 2. This Provision O. does not apply to any or- insured for: ganization for which coverage is excluded by 1. "Bodily injury", "property damage", "personal another endorsement to this Coverage Part. injury" or "advertising injury" arising out of P. WHO IS AN INSURED—UNNAMEDPART- operations performed for that state or political NERSHIP OR JOINT VENTURE—EXCESS subdivision; or 1. The last paragraph of WHO IS AN INSURED 2. "Bodily injury" or "property damage" Included (Section 11) is deleted and replaced by the within the "products — completed operations following: hazard". 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 In- sured in the Common Policy Declarations. CG D3 79 09 07 0 207 The Travelers Companies,Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY However, this exclusion does not apply to Any payments made under Coverage A for your liability with respect to your conduct of damages and under Coverage C for medical the business of any current or past partner- expenses shall reduce the Per Project Gen- ship or joint venture: eral Aggregate Limit for that "project", but d t l hal no reduce: a. That is not shown as a Named Insured In s I the Common.Policy Declarations,and a. Any other Per Project General Aggregate l b. In which you are a member or partner Limit for any other"project'; where each and every one of your co- b. The General Aggregate Limit; or ventures in that joint venture is an archi- c. The Products-Completed Operations Ag- tectural, engineering,or surveying firm. gregate Limit. 2. This Provision P. does not apply to any per- The limits shown in the Declarations for this p son or organization for which coverage is ex- Coverage Part for Each Occurrence, Dam- cluded by another endorsement to this Cov- age To Premises Rented To You and Medical erage Part. Expense are also subject to the Per Project 3. The insurance provided by this Provision P. General Aggregate Limit when the Per Pro- shall be excess over any valid and collectible ject General Aggregate Limit applies. other insurance, whether primary, excess, 3. As used in the Provision Q.: contingent or on any other basis, which is available covering your liability with respect "Project" means an area away from premises to your conduct of the business of any current owned by or rented to you at which you are or past partnership or joint venture that is not performing operations pursuant to a contract shown as a Named Insured in the Common or agreement. For the purposes of determin- Policy Declarations and which is Issued to ing the applicable aggregate limit of insur- , such partnership or joint venture, ance, each "project" that includes premises Q. PER PROJECT GENERAL AGGREGATE LIMIT involving the same or connecting lots, or premises whose connection is Interrupted j 1. Paragraph 2. of LIMITS OF INSURANCE only by a street, roadway, waterway or right- (Section ill) is deleted and replaced by the of-way of a railroad shall be considered a sin- following: gle"project". The General Aggregate Limit is the most we R. KNOWLEDGE AND NOTICE OF OCCUR- will pay for the sum of: RENCE OR OFFENSE I a. Damages under Coverage B;and The following is added to Paragraph 2. Duties In b. Damages from "occurrences" under Cov- The Event of Occurrence, Offense, Claim Or erage A and for all medical expenses Suit of COMMERCIAL GENERAL LIABILITY caused by accidents under Coverage C CONDITIONS(Section IV): which cannot be attributed only to opera- Notice of an "occurrence" or of an offense which tions at a single"project". may result in a claim must be given as soon as 2. The following is added to LIMITS OF IN- practicable after knowledge of the "occurrence" SURANCE(Section III): or offense has been reported to you, one of your "executive officers" (if you are a corporation), one A separate Per Project General Aggregate of your partners who is an individual (if you are a - Limit applies to each "project" for all sums partnership), one of your managers (if you are a which the insured becomes legally obligated limited liability company), one of your trustees j to pay as damages caused by "occurrences" who is an individual (if you are a trust), or an under Coverage A and for a0 medical ex- "employee" (such as an insurance, loss control or penses caused by accidents under Coverage risk manager or administrator) designated by you C which can be attributed only to operations to give such notice. at a single "project", and that limit is equal to the amount of the General Aggregate Limit Knowledge by any other "employee" of an"occur- shown in the Declarations for this Coverage renee" or offense does not imply that you also 1 Part have such knowledge. i Page 6 of 8 ®2007 The Travalom Companies,Inc. CG D3 79 09 07 i COMMERCIAL GENERAL LIABILITY 1 I Notice of an "occurrence" or of an offense which Q, "Your products". may result in a claim will be deemed to be given We waive these rights only where you have as soon as practicable to us If it Is given In good agreed to do so as part of a contract or agree- faith as soon as practicable to your workers'com- ment entered into by you before, and in effect pensation, accident, or health insurer. This ap- when, the "bodily injury" or "property damage" y plies only if you subsequently give notice of the occurs, or the "personal injury" "occurrence' or offense to us as soon as practi- P J ry"offense or"adver- f tising injury" offense is committed. cable after you, one of your "executive officers" (if you are a corporation), one of your partners U. AMENDED BODILY INJURY DEFINITION i who Is an individual (if you are a partnership), The definition of "bodily injury" in DEFINITIONS 1 one of your managers(if you are a limited liability (Section V) is deleted and replaced by the follow- company), one of your trustees who is an individ- ing. i ual (if you are a trust), or an"employee" (such as "Bodily injury"means; an insurance, loss control or risk manager or ad- ministrator)designated by you to give such notice a. Physical harm, including sickness or disease, discovers that the "occurrence" or offense may sustained by a person; involve this policy, b. Mental anguish, injury or illness, or emotional S. UNINTENTIONAL OMISSION distress, resulting at any time from such 1. The following is added to Paragraph 6. Rep- Physical harm, sickness or disease; or resentations of COMMERCIAL GENERAL c. Care, loss of services or death resulting at LIABILITY CONDITIONS(Section IV): any time from such physical harm, sickness or disease. The unintentional omission of, or uninten- tional error in, any Information provided by you which we relied upon in issuing this poi- w RAILROAD EASEMENT icy shall not prejudice your rights under this 1, Subparagraph c. of the definition of "insured insurance. contract" in DEFINITIONS (Section V) is de- 2. This Provision S. does not affect our right to leted and replaced by the following: collect additional premium or to exercise our o- Any easement or license agreement; right of cancellation or nonrenewai in accor- 2. Subparagraph f.(1) of the definition of "in- dance with applicable insurance laws or regu- sured contract" In DEFINITIONS(Section V) lations. is deleted. T. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN W. AMENDED PROPERTY DAMAGE DEFINITION l REQUIRED BY CONTRACT OR AGREEMENT "TANGIBLE PROPERTY r The definition of "property damage" in DEFINIW The fallowing is added to Paragraph B. Transfer TIONS (Section V) is deleted and replaced by of Rights of Recovery Against Others to Us of the following: t COMMERCIAL GENERAL LIABILITY CONDI- TIONS(Section IV); "Property damage" means: We waive any rights of recovery we may have a- Physical injury to tangible property, including against any person or organization because of all resulting loss of use of that property. All payments we make for "bodily injury", "property such [ass of use shall be deemed to occur at damage", "personal injury" or "advertising injury" the time of the physical injury that caused It; arising out of: or 1. Premises owned by you, temporarily occu- b. Loss of use of tangible property that is not pied by you with permission of the owner, or physically injured. All such loss of use shall leased or rented to you; be deemed to occur at the time of the"occur- j 2. Ongoing operations performed by you, or on rence",that caused it. your behalf, under a contract or agreement For the purposes of this insurance, tangible prop- +, with that person or organization; erty does not include data. 3. "Your work"; or i I CG D3 79 09 07 0 2007 The Travelers Companies,Inc. Page 7 of 8 ( 1 1 COMMERCIAL GENERAL LIABILITY i X. The following definition is added to SECTION V— and "property damage"occurs, and the "personal DEFINITIONS: injury" is caused by an offense committed: "Contract or agreement requiring insurance" a. After you have entered into that contract or means that part of any contract or agreement agreement; under which you are required to include a person b. While that part of the contract or agreement or organization as an additional insured on this is in effect;and Coverage Part, provided that the "bodily injury" c. Before the end of the policy period. i s i i r i i' s i i i Page 8 of 8 0 2007 The Travelers Companies,Ina CG D3 79 09 07