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PW14-091 - Original - Shannon & Wilson, Inc. - Valley Stream Reestablishment - 04/08/2014
Records Management, ��,KcNT Document WNS.110TON i 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: Shannon & Wilson, Inc. Vendor Number: ID Edwards Number Contract Number: OPW I400P ' This is assigned by City Clerk's Office Project Name: Valley Stream Re-establishment Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 4/8/14 Termination Date: 7/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Conduct a wetland and stream delineation along Mill Creek for the project. S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KEN T WRS NINGTOM1 CONSULTANT SERVICES AGREEMENT between the City of Kent and Shannon & Wilson, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Shannon & Wilson, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 300303, Seattle, WA 98103, Phone: (206) 695-9738/Fax: (206) 695-6777, Contact: Katie Walter (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 conduct a wetland and stream delineation along Mill Creek for the Valley Stream Re-establishment Project. 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 July 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Nine Thousand, One Hundred Thirty One Dollars ($9,131.00), 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) e y 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) a 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. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. 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: CITY7NT: By: rr By: ��//� (,signature) ( gnature) Print Name: /� ft balk - Print Name: Timothy J. LaPorte, P.E. Its: l/te-0 rr-Si Its: ubli Works Director (title) DATE: Alkh`/ DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Katie Walter Timothy J. LaPorte, P.E. Shannon & Wilson, Inc. City of Kent PO Box 300303 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 (206) 695-9738 (telephone) (253) 856-5500 (telephone) 206 695-6777 facsimile (253) 856-6500 (facsimile) Shannon&Wllmn-Stream Re est b/Knox d CONSULTANT SERVICES AGREEMENT - 5 (Under$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. By: K L� For: Title: J�C Pi�LSI Date: Z / 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 EXHIBIT A s° E c�� CO SHANNON EAMLSON, INC. °D O GCOTEC11111CAL AND 17M OHNIE11TAl CONflUi_TANTS MISSOFLORIDn O raissouHi Non OREGON WASHINGTON WISCONSIN $ ,954-201ik ��+J March 27, 2014 Mr.Matthew Knox City of Kent Public Works 220 Fourth Avenue South Kent,WA 98032 RE: WETLAND AND STREAM DELINEATION FOR MILL CREEK PROJECT, KENT, WASHINGTON Dear lair.Knox: Shannon& Wilson, hic. is pleased to submit this scope of services to conduct A wetland and stream delineation along Mill Creek between East Smith Street and East James Street in Kent, Washington. It is our understanding that the City of Kent(Cit)t)is planning to dredge the creels charmel. The City plans to meet with the U.S.Army Corps of Engineers (Corps)on April 23,2014, to discuss the proposed dredging and associated permit requirements. We understand that the wetland and stream delineation report will need to be completed by April 18, 2014,to be submitted to the Corps as part of the pa e-application process. SCOPE OF SERVICES Our scope of services for this project will consist of performing the following tasks: Task 1. Wetland Delineation r Conduct a background review of information relating to the site. This will include a review of the King County Soil Survey, Kent Wetland Inventory maps, King County iMap mapping system,Washington State Department of Fish and Wildlife SahnonScape mapping system, and other relevant background information. ■ Complete a delineation of the wetlands located along the approximately 1,000 linear feet of stream using the methodology outlined in the Corps 1987 ff"etland Delh7e(11107 11411111(d 400 NORTH 34"'STREET-SUITE 100 PO BOX 300303 SEATTLE,WA 98103 206-632-8020 FAX 206-695-6777 TDD 1-800-833.6388 wAv.shannomvdsoo corn 21 2-61861-001 Mr, Matthew Knox SHHAIIQVON WILS(: N.INC. City of Kent Publie Works March 27, 2014 Page 2 of 3 and 2010 Regional Supplement to the Corps of Engineers Medand Delineation rilanuak IlMestern Alourrtcrins, volle)sV, and Coast Region Version 2.0. It is our undetstanding that the City owns the property and that no access to private property will be required. We assume that property boundaries will be marked in the field or that someone can be available to show our field biologists these locations. ■ Rate wetlands identified on site or within 300 feet of the site using the Washington Department of Ecology(Ecology) TVashi1g1o11 State TT�elland Rctling Systemffor Mestern IVcrshington, in accordance with the City's requirements, to detelnnine the standard buffer widths as defined within the Kent City Code (KCC). ■ Delineate the ordinary high seater niaik of Mill Creek on the site following the guidance within Ecology's technical report,Determining the Ordinary High JVater illark on Streams in IVaslrington Slate. Mill Creek will be classified using the water typing system defined within KCC. ■ Complete a wetland and stream delineation report-describing our findings for your use and files. This report will include a review of wetland and stream regulations as they pertain to the proposed dredging activities. ■ We understand that the property will need to be surveyed for site design. We will coordinate our field visit with the City's surveyors so the wetland and stream boundary flags can be picked up by the survey crew at the time they complete the site survey. We will require an electronic copy of the survey in order to prepare our wetland and stream delineation report. Task2. Technical Assistance and Pre-Application Meeting with Corps Shannon&Wilson, Inc. will attend the pre-application meeting on May 14,2014. The purpose of our attendance is to negotiate whether wetland or stream mitigation is necessary for the proposed di edging project. Out understanding of the Corps permitting process and our experience coordinating with the Corps on past projects could potentially help the City avoid or reduce the mitigation requirements imposed by the Corps. Additionally,this task includes limited time to provide technical guidance to the City to help answer questions and support the project permit process. SCIIEDULE AND COST ESTIMATE We understand that the project has an accelerated schedule and have tentatively scheduled fieldwork for April 3,2014. Assuming we have notice to proceed by April 1,we will complete the wetland delineation report by April 18, 2014. 214-61s61-ooi-la dociA%Vllm 21-2-61861-001 Mr.Matthew Knox SHANNON�ML_,90N,INC. City of Kent Public Works March 27, 2014 Page 3 of 3 Our cost estimate for the above services is$9,131, as detailed in the enclosed cost estimate. Our services are offered under a time-and-material basis and pei the enclosed Standard General Terms and Conditions. In the event that additional services are necessary, due to changes in your request or other unforeseen circumstances, we will notify you immediately and obtain your authorization for the additional services and costs. CLOSURE Shannon&Wilson,hie. has prepared the enclosed"Important Information About Your Welland Delineation/Mitigation and/or Stream Classification Proposal," to assist you in understanding the use and limitations of our proposals. We are pleased to have this opportunity to assist yokrwith this project. If you have ally questions,please contact me at(206) 695-6738. Sincerely, SHANNON &WILSON,INC. 44 L Katie L.Walter,P.W,S. Vice President Natural Resources Manager BSK:KLVtr/bsk Eric: Cost Estimate Standard General Terms and Conditions, SEA-GH-2014(1/2014) Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Proposal 21-2-61861.001-LLdocsN�pIft 21-2-61861-001 a SHANNON &WILSON, INC. COST ESTIMATE Proposal No.: 21-2.61861-001 Project- Mill Creek Delin Client: Kent Public Works By: BSK 3/27/2014 Rate Quantity Subtotal Subtotal Task 1. Wetland Delineation - Background Iul'ormation Review Senict Pi incipal Biologist $145.00 Air 4 lrrs $580 Site Visit Senior Principal Biologist $145.00 Air 8 hrs $1,160 Biologist III $95.00 An- 8 his $760 Mileage 48 /mile 0.56 mile $27 Wetland Delineation Report Natuial Resouices Manager $235,00 fir 2 hrs $470 Senior Pi mcipal Biologist $145.00 Air 28 ltrs $4,060 Dul ing $95,00 An 6 ]its $570 ' Clerical $90.00 /hr I hr $90 Report Reproduction $85.00 /copy 2 copies $170 $7,887 Task 2.Technical'Assistance and Pre A lication Meeting with Corps Senior Principal Biologist(meeting) $145,00 Air 4 his $580 Senior Principal Biologist(guidance $145.00 /In• 4.5 1>rs $653 Mileage 20 /mile 0.56 mile $11 $1,244 TOTAL BSTIMATE $9,131 rev 21-2-61861-001-LI-Cost 21-2-61861-001 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. EXHIBIT B (Continued) 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 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 Consultants insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. EXHIBIT B (Continued) 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. ' �" 1�® DATE(MMIDDIYVYY) ACORO CERTIFICATE OF LIABILITY INSURANCE 4/4/2014 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 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 Gad ScottFAX Arthur J Gallagher Risk Management Services, Inc PHONE - 9 g AIC No ct 42 - AN No 16 P O Box 367 E-MAIL m Bellevue WA 98009-0367 INSURER(S)AFFORDING COVERAGE NAIC R INSURER Travelers Property Casualtylt- o o INSURED INSURER St Pau Flr�rl0l Marl In Ur n 7 Shannon&Wilson, Inc INSURER C Travelers In mrnty Co of America 25666 400 N 34th Street, Suite 100 INSURER _ Seattle,WA 98103-8636 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 384825472 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLIC ES 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 INSR ADDL UBR POLICY EFF � POLICYEXP LTR' TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDWYYYY MM/DD/YYYY LIMITS A GENERALLIABILITY P6309D340343TIL14 VV2014 i1/2015 EACH OCCURRENCE $1,000,000 AMAGET RENTED x COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence)— $1000,000 CLAIMS-MADE IT]OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1000,000 GENERAL AGGREGATE $2,0A GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $2,0 POLICY X PRO LOC $ A AUTOMOBILE LIABILITY P8109D340343TIL14 1/1/2014 11/2015 Ea acadenMEIN-0t $1,0 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per acadent) $ AUTOS NiAUTD PROPERTYDAMAGE $ HIRED AUTOS AUTOS Per acagenl B X I UMBRELLA LIAB X OCCUR ZUP15R7312A14NF 1/1/2014 /1/2015 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-N,,DE AGGREGATE $1,000,000 DED X RETENTION$10 000 $ C WORKERS COMPENSATION PHUB9D34034314 li112014 V112015 X STATU- GTH- AND EMPLOYERS'LIABILITY T T S ER ANY PROP RI ETOR,PARTNERIEXECUTIVE N N/A E L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E L DISEASE-EA EMPLOYEE $1,000,000 f yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $1,000,000 I I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Workers'Comp-In Washington, Employers' Liability only The City of Kent Is Included as Additional Insured for General Liability(per Form#CGD414 0408)and Auto Liability as respects operations of the Named Insured GL and AL Primary and Non-Contributory included where required by written contract Project City of Kent Valley Stream Reestablishment Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS Attn Nancy Yoshltake 220 4th Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 USA C �r ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Client# 330606 SHANNWIL11 ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 DATEIYVYY) 410 312 0/201 1 4 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(les)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) PRODUCER CONTACT NAME Kibble&Prentice,a USI Co PR PHONE 206 441-6300 FA AC,No Ext) C,No) 610-362.8528 _ 601 Union Street,Suite 1000 no RIESS PL Certrequest@kpcom corn Seattle, WA 98101 INSURERS)AFFORDING COVERAGE NAICC INSURER A Lloyd's of London 32727 INSURED INSURER B Shannon &Wilson, Inc. INSURER C P.O Box 300303 INSURER D Seattle,WA 98103 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 NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 IXP LTRR TYPE OF INSURANCE NSR WVD POLICY NUMBER MMIDDIYYYY LICY EFF MMIDD/LICYVYYY LIMITS GENERAL LIABILITY EACH��OEECCC7URRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL BADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY Ll JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) S ALL OW A NED SCHED BODILY INJURY(Per accident) S AUTOS UTOULED S NON-OWNED PROPERTY y HIRED AUTOS AUTOS Per acadent 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTION$ S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR,PARTNERJEXECUTIVE EL EACH ACCIDENT S OFFICERWEMBER EXCLUDED? ❑ N/A (Mandatory In NH) E L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF CcERATIONS below E L DISEASE-POLICY LIMIT S A Professional & B0146LDUSA1404579 110112014 01/01/2015 $2,000,000 per claim Contractors $2,000,000 annl aggr. Pollution Liab. DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project Name: City of Kent Valley Steam Reestablishment Project; Description of Work:Wetland and Stream Delineation for Mill Creek Valley Restoration Project, Location Both sides of Mill Creek between E Smith St and E James St., Kent WA. CERTIFICATE HOLDER CANCELLATION f:lt of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS 220 4th Avenue South 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 #S 11957857/M 11519196 DX KZP 4 P6309D340343TIL14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED — WRITTEN CONTRACTS S (ARCHITECTS� ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION Ii — WHO IS plies only to such "bodily injury" or "property AN INSURED: damage"that occurs before the end of the pe- Any person or organization that you agree in a nod of time for which the "written contract re- written contract requiring insurance"to include as quinng insurance" requires you to provide an additional insured on this Coverage Part, but: such coverage or the end of the policy period, whichever is earlier a. Only with r cspcct to liability for"bodily injury", "property damage" or"personal injury"; and 2. The following is added to Paragraph 4.a. of SEC- TION IV —COMMERCIAL GENERAL LIABILITY b. If, and only to the extent that, the injury or CONDITIONS: damage is caused by acts or omissions of you or your subcontractor in the performance The insurance provided to the additional insured of "your work" to which ilia "written contract Is excess over any valid and collectible "other in- of "your work" t cw applies The person or surance", whether primary, excess, contingent or organization does not appliesqualify as an person on any other basis, that is available to the addi- organiz with respect to the independent acts tional insured for a loss we cover. However, if you insuredor omissions re such person or ependenorganizatlon, specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- The insuran,e provided to such additional insured ditional Insured under this Coverage Part must is limited as follows, apply on a primary basis or a primary and non- e. in the event tnat the Limits of Insurance of contributory oasis, this insurance is primary to this Coverage Part shown in the Declarations "other insurance" available to the additional in- exceed ti.r, lim,is of liability required by the cured which covers that person or organization as "written contract requiring insurance", the in- a named insured for such loss, and we will not surance provided to the additional insured share ,mth that "other insurance" But this insur- shall be limited to the limits of liability required ance provided to the additional insured still is ex- by that "written contract requiring Insurance". cess over any valid and collectible "other insur- This endcrsement shall not increase the limits ance", whether primary, excess, contingent or on of insurance described in Section Ill — Limits any other basis, that is available to the additional Of Insurance insured when that person or organization is an d. This msi,rance does not apply to the render- additional insured under any"other insurance", ing of or failure to render any "professional 3. The following is added to SECTION IV — COM- services" or construction management errors iMERCtAL GENERAL LIABILITY CONDITIONS or omis�,icns, Duties Of An Additional Insured e. This insurance does not apply to "bodily in- As a condition of coverage provided to the addi- jury" or "property damage" caused by "your tional insured: work" and included in the "products- completcd cperstions hazard" unless the a. The additional insured must give us written " " speafi- ranee" or an offense which may result notice as soon as practicable of an "occur- written , nnirart regwnng insurancecally rer,inres you to provide such coverage ti for that additional insured, and then the in in sur- claim the extent possible, such notice ance provided to the additional insured ap- should include: CG D4 14 04 08 0 2008 The Travelers Companies,Inc Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" any provider of other insurance which would or offense took place, cover the additional insured for a loss we ii. The names and addresses of any injured cover However, this condition does not affect persons and witnesses, and whether this insurance provided to the addr iii. The nature and location of any injury or tional insured is primary to that other insur- damage arising out of the "occurrence" or anceravailable peo the son additionor al insured organization awhich offense s a Warned insured b. If a claim is made or"suit" is brought against Sec- the additional insured, the additional insured 4. The following Is added to the DEFINITIONS Sea m bow must i. Immediately record the specifics of the "Written contract requiring insurance" means that claim or"suit"and the date received; and part of any written contract or agreement under which you are required to include a person or or- ii. Notify us as soon as practicable, ganrzatlon as an additional insured on this Cover- The additional insured must see to it that we age Part, provided that the "bodily injury" and receive written notice of the claim or "suit" as "property damage' occurs and the "personal in- soon as practicable jury" is caused by an offense committed c. The additional insured must immediately send a. After the signing and execution of the contract us copies of all legal papers received in con- or agreement by you, nection with the claim or"suit", cooperate with b. While that part of the contract or agreement is us in the urdeShoation or settlement of the in effect, and claim or defense against the "suit", and oth- erwise comply with all polcy conditions c. Before the end of the policy period. d. The aoditicnal ins.rred must tender the de- fense and indemnity of any claim or "suit" to a o® o sir P_ r� o®� o r UJ� Page 2 of 2 C 2008 The Travelers Companies, Inc CG D4 14 04 08 014624 P6309D340343TIL14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS INUUSTRY>EDGE s" ENDORSEMENT This endorsement modifies insurance provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only Limitations and exclusions may apply to these coverages Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered A. Broadened Named Insured M. Who Is An Insured — Newly Acquired Or B. incidental Medical Malpractice Formed Organizations C. Reasonable Force — Bodily Injury Or Property N. injury To Co-Employees And Co-Volunteer Damage Workers D. Non-Owned Watercraft — Increased To Up To o. Medical Payments Limit 75 feet P. Knowledge And Notice Of Occurrence Or E. Aircraft Chartered With Pilot Offense F. Extension Of Coverage — Damage To Q• Other Insurance Condition Premises Rented To You intentional Omission G. Personal Injury—Assumed by Contract S. Wan er Of Transfer Of Rights Of Recovery �= H. increased Supplementary Payments Ag, nst Others To Us When Required By M® untract I. Additional Insured — Owner, Manager Or Lessor Of Premises T. Amended Bodily Injury Definition J. Additional Insured — Lessor Of Leased Equip- U. Amended Insured Contract Definition — Rail- meat road Easement K. Additional Insured — State Or Political V. Additional Definition — Written Contract Re- Subdivisions—Permits Relating To Premises qun rig Insurance �"— L. Additional Insured — State Or Political Subdivisions— Permits Relating To Operations PROVISIONS ever, coverage for any such additional orgamza- A. BROADENED NAMED INSURED — UNNAMED tlon will cease as of the date, if any, during the SUBSIDIARIES policy period, that you no longer are the sole owner of, or maintain the majority ownership in- The Named Insured in Item 1. of the Declarations teiest in, such organization is amended as follows B. INCIDENTAL MEDICAL MALPRACTICE The person or organization named in Item 1. of the Declarations and any organization, other than 1. The following Is added to the definition of"oo- a partnership, joint venture, limited liacuity com- currence" in the DEFINITIONS Section pany or trust, of which you are the sole owner or Unless you are in the business or occupation in which you iniintain the majority ownership in- of piovlding professional health care services, teiest on the effective date of the policy How- "occurrence" also means an act or omission CG D4 15 05 08(Rev 10-08) 2008 The Travelers Companies,Inc Page 1 of 8 014539 COMMERCIAL GENERAL LIABILITY committed by any of your"employees" who is for "bodily injury" that arises out of providing employed by you as a registered nurse, li- or fading to provide "incidental medical ser- censed practical nurse, emergency medical vices" or "Good Samaritan services", except technician or paramedic, in providing or failing for insurance purchased specifically by you to to provide "incidental medical services" or apply in excess of the Limits of Insurance "Good Samantan services"to a Person shown in the Declarations for this Coverage 2. The following is added to the DEFINITIONS Part Section 6. The following is added to Paragraph 5. of a. "Incidental medical services" means SECTION III —LIMITS OF INSURANCE- medical, surgical, dental, laboratory,x-ray For the purposes of determining the appiica- or nursing service, treatment, advice or ble Each Occurrence Limit, all related acts or instruction, the related furnishing of food omissions committed by any of your "employ- or beverages, the furnishing or dispens- ees" in providing or failing to provide "inciden- mg of drugs or medical supplies or apply- tal medical services" or"Good Samaritan ser- ances, or first aid, vices"to any one person will be deemed to be b. "Good Samaritan services" means those one "occurrence". medical services rendered or provided in C. REASONABLE FORCE PROPERTY DAMAGE— an emergency and for which no remu- EXCEPTION TO EXPECTED OR INTENDED IN- neration is demanded or received JURY EXCLUSION 3. The following is added to Paragraph 2.a.(1) The following replaces Exclusion a., Expected Or of SECTION II—WHO IS AN INSURED Intended Injury, in Paragraph 2. of SECTION I — Paragraphs (1) (a), (b), (c) and (d) above do COVERAGES — COVERAGE A BODILY IN- not apply to any of your "employees" who are JURY AND PROPERTY DAMAGE LIABILITY: employed by you as a registered nurse, h- a. Expected Or Intended Injury Or Damage censed practical nurse, emergency medical technician or paiamedic but only while per- 'Bodily injury" or "property damage" expected forming the sere ces described in Paragraph or intended from the standpoint of the in- 1, above and while acting within the scope of sured This exclusion does not apply to "bod- their employment by you Any such "employ- ily injury" or"property damage" resulting from ees" rendering "incidental medical services" the use of reasonable force to protect any or"Good Samantan services" will be deemed person or property to be act.ng within the scope of their employ- D. NON-OWNED WATERCRAFT — INCREASED ment by you TO UP TO 75 FEET 4. The following exclusion is added to Para- 1 The foliovding replaces Paragraph (2) of Ex- graph 2. Exclusions of SECTION 1 — COV- clusion g., Aircraft, Auto Or Watercraft, in ERAGES — COVERAGE A BODILY INJURY Paragraph 2. of SECTION I — COVERAGES AND PROPERTY DAMAGE LIABILITY — COVERAGE A BODILY INJURY AND Sale of Pharmaceuticals PROPERTY DAMAGE LIABILITY. "Bodily injury" or "property damage" arising (2) A watercraft you do not own that is: out of the willful violation of a penal statute or (a) Less than 75 feet long; and ordinance relating to the sale of pharrnaceutl- (b) Not being used to carry any person or cats committed by or with the knowledge or property for a charge consent of the insured 2. The following is added to SECTION If—WHO 5. The folloving ;s added to Paragraph 4.b., Ex- IS AN INSURED. Bess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- Any person who, with your expressed or Irn- � TtOniS PI€ee conser', either uses or is responsible for the use of a nonowned watercraft that is less Tins insurance is excess over any valid and than 75 feet and not being used to carry per- collectible "other insurance", whether primary, son or property for a charge is included as an excess, contingent or on any other basis, that insured under this Coverage Part is available to you or any of your "employees" Page 2 of 8 Cc 2008 The Travelers Companies, Inc CG D4 15 05 08(Rev 10-08) COMMERCIAL GENERAL LIABILITY E. AIRCRAFT CHARTERED WITH PILOT of the owner, caused by fire, explosion, light- The following is added to Exclusion g., Aircraft, nmg; smoke resulting from such fire, explo- Auto Or Watercraft, in Paragraph 2.of SECTION sion, or lightning, or water The Damage To — COVERAGES — COVERAGE A BODILY IN- Premises Rented To You Limit will apply to all JURY AND PROPERTY DAMAGE LIABILITY "property damage" proximately caused by the same "occurrence", whether such damage This exclusion does not apply to an aircraft that results from fire, explosion, lightning, smoke is resulting from such fire, explosion, or light- (a) Chartered with a pilot to any Insured, and ning, or water, or any combination of any of (b) Not owned by any insured these causes F. EXTENSION OF COVERAGE — DAMAGE TO The Damage To Premises Rented To You PREMISES RENTED TO YOU Limit will be the higher of 9. The following replaces the last paragraph of a. $300,000, or SECTION I—COVERAGES—COVERAGE A b. The amount shown for the Damage To BODILY INJURY AND PROPERTY DAM- Premises Rented To You Limit in the AGE LIABILITY. Declarations forthis Coverage Part Exclusions c. through n. do not apply to dam- 4. The followng replaces Paragraph a. of the age to premises while rented to you, or tom- definition of 'insured contract' in the DEFINI- poranly occupied by you with permission of TIONS Section the owner, caused by a. A contract for a lease of premises. How- a. Fire, ever, that portion of the contract for a lease of premises that indemnifies any b. Explosion; person or organization for damage to c. Lightning, premises while rented to you, or tempo- d. Smoke resulting from such fire, explosion, ranly occupied by you with permission of or ligntning, or the ovi ier, caused by fire, explosion, lightning, smoke resulting from such fire, e. Water explo°,ion, or lightning, or water is not an A separate limit of insurance applies to this "insured contract", coverage as desci�bed in SECTION III -- LIM- G. PERSONAL INJURY — ASSUMED BY CON- ITS OF INSURANCE TRACT 2. The insurance under this Provision F. does �— The following replaces Exclusion e., Contractual not apply to damage to premises while rented Liability in Priiagraph 2. of SECTION I — COV- to you, or ternporanly occupied by you with ERAGES — COVERAGE B PERSONAL AND permission of the owner, caused by ADVERTISING INJURY LIABILITY a. Rupture, bursting, or operation of pres- "Adverfi,ing irn,ury" for which the insured has as- sure relief devices; sumed liability in a contract or agreement This b. Rupture or bursting due to expansion or exclusion does not apply to liability for damages swelling of the contents of any budding or that the insured would have in the absence of the structure, caused by or resulting from wa- contract or agreement ter, or H. INCREASED 3UPPLEMENTARYPAYMENTS c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 1 The follo�;ling replaces Paragraph 1 b. of SUPPLEMENTARY PAYMENTS — COVER- 3. The following replaces Paragraph 6 of SEC- AGES A AND 3 of SECTION I — COVER- a TION ill — LIMITS OF INSURANCE AGES' Suhject to 5. above, the Damage To Prem- b. Up to $2,500 for cost of bad bonds re- ises Rented To You Limit is the most v✓e will Fluffed because of accidents or traffic law pay under Coverage A for the sum of all violations ansing out of the use of any damages because of "property damage" to vehicle to which the Bodily Injury Liability any one premises while rented to you, or Coverage applies We do not have to fur- temporarily occupied by you with permission nish those bonds v ©2008 The Travelers Companies,Inc Page 3 of 8 CG D4 95 05 08lRe t0-08) P 014540 COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 1.d. of performed by or on behalf of such SUPPLEMENTARY PAYMENTS — COVER- additional insured, or AGES A AND B of SECTION I — COVER- (3) Any premises for which coverage is AGES excluded by another endorsement to d. All reasonable expenses incurred by the this Coverage Part insured at our request to assist us in the 3. This Provision I. does not apply on any basis investigation or defense of the claim or to any person or organization for which cov- "suit", including actual loss of earnings up erage as an additional insured specifically is to $500 a day bec'3use of time off from added by another endorsement to this Cover- work age Part 1. ADDITIONAL INSURED — OWNER, MANAGER J, ADDITIONAL INSURED—LESSOR OF LEASED OR LESSOR OF PREMISES EQUIPMENT 1. The following is added to SECTION 11—WHO 1. The following is added to SECTION 11 —WHO IS AN INSURED IS AN INSURED: Any person or organization that you have Any person or organization that you have agreed in a "written contract requiring insur- agreed in a "written contract requiring insur- ance" to include as an additional insured on ante" to include as an additional insured on this Coverage Part is as insured, but this Coverage Part is an insured, but: a. Only with respect to liability for "bodily in- a. Only with respect to liability for"bodily in- jury" or "property d,image" 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 commdled, after you have entered into that"written conlmx,t requiring insurance", that"written contract requiring insurance"; and and b. Only if the "bodily injury", "property dam- b. Only if the "bodily injury", "property dam- age" or "per>onal 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, and forming operations on your behalf, in the arises out of the ownership, maintenance maintenance, operation or use of equip- or use of that part c,t any premises leased ment leased to you by such additional in- to you under that "tip itten contract requir- sured Ing insurance" 2. The insurance provided to such additional in- sure2. The insurance provided to such additional he sured under this Pro;i ion 1. Is subject to the folio under this Provision J. Is subject to the following provisions following provisions a. The limits of insuI once afforded to such a. he finials of insurance afforded to such additional insured shall be the limits additional insuro I shall be the limits which yrni agreed to provide in the "writ- which you agreed to provide in the "writ- ten contract requiring insurance", or the ten contract req.nnng insurance", or the limits shown in the Declarations for this limits shown in Ire Declarations for this Coverage Part, whichever are less, and Coverage Part, wi rhever are less, and b. The insurance afforded to such additional b. The insurance aff; rded to such additional Insured does not apply. 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 occ.ms, 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, (2.) If the equipment is leased with an (2) Any structural alterations, new con- operator struction or demolition operations Page 4 of 8 0 2008 The Travelers Companies,Inc CG D4 15 05 D8(Rev 10-08) COMMERCIAL GENERAL LIABILITY 3. This Provision J. does not apply on any basis nod whichever is earlier Any such newly ac- to any person or or-anization for which cov- qulred or formed organization that you report erage as an addiUo „ l Insured specifically Is In writing to us within 180 days after you ac- added by another enuorsement to this Cover- quire or form the organization will be covered age Part under this provision until the end of the policy K. ADDITIONAL INSURED — STATE OR POLITI- period, even if there are more than 180 days CAL SUBDIVISIONS — PERMITS RELATING TO remaining until the end of the policy period. PREMISES N. INJURY TO CO-EMPLOYEES AND CO- The following is added to SECTION II —WHO IS VOLUNTEER WORKERS AN INSURED: The following Is added to SECTION if —WHO IS Any state or political sut,civision that has Issued a AN INSURED. permit In connection wren premises owned or oc- 1. Your "employees" are Insureds with respect cupied by, or rented or 'paned to, you, is an in- to "bodily injury" to a co-"employee" in the sured, but only with re° pect to "bodily Injury", course of the co-"employee's" employment by "property damage", "pers mal injury" or "adwertls- you, or to your "volunteer workers" while per- Ing injury" arising out of tl existence, ownership, forming duties related to the conduct of your use, maintenance, repa,,, construction, erection business, provided that this coverage for your or removal of advert,siny signs, awnings, cano- "employees" does not apply to acts outside pies, cellar entrances, :;oal holes, driveways, the scope of the,employment by you or while manholes, marquees, hoist away openings, side- performing duties unrelated to the conduct of walk vaults, elevators, cl,eet banners or decora- your business tions for which that state or political subdivsion 2, Your "volunteer workers" are insureds with has issued such permit respect to "bodily injury" to a co-"volunteer L. ADDITIONAL INSURED — STATE OR POLITI- worker" while performing duties related to the CAL SUBDIVISIONS — PERMITS RELATING TO conduct of your business, or to your"employ- OPERATIONS ees" In the course of the "employee's" em- The following is added to SECTION 11 — WHO IS ployment by you provided that this coverage AN INSURED. for your "volunteer workers" does not apply while performing duties unrelated to the con- Any state or political subdivision that has issued a duct of your business. a"= permit is an insured, but only with respect to "bod- �= it injury", ro mrt wimr, le", "personal ir,u " or 3. Subparagraphs 2 t (1)(H IS and S and y 'P F Y P j ry 3.a. of SECTION II — WHO IS AN INSURED d0 advertising Injury" ai,sln!I out of cpeiatlons per do not apply to "bodily injury"for which insur- =" formed by you or on your behalf for which that ance is provided ;;y paragraph 1. or 2. above. state or political subdivision has issued such permit However, no such state or political subdr- O. MEDICAL PAYMIENTS LIMIT =_ vision is an Insured for The following -eplaces paragraph 7. of SECTION m 1. "Bodily injury", "property damage", "personal III—LIMITS OF INSUI:�ANCE: injury" or"advertising injury" arising out of op- Subject to 5. above, the Medical Expense Limit is erations oerformca f_rr that state or poLtical the most we veill pay under Coverage C for all subdivision, or medical expenses because of"bodily injury" sus- 2. "Bodily injury" or "property damage" Included tained by any one person, and will be the higher \vrthrr the "proaucts — compleicd operations of o. hazard" a. $10,000, or o M. WHO IS AN INSURED -- NEWLY ACQUIRED b. The amount shown on the Declarations .= OR FORPAEli G 'GAI IZATIONS for Me-Jical E�-)ense Limit The following replac( ; Paragraph 4.a. of SEC- P. KNOWLEDGE AND NOTICE OF OCCUR- ,,,� TION II —WHO IS AN wJSURED- RENCE OR OFFENSE a. Coverage unaerthi,� provision Is afforded only The following is added to Paragraph 2. Duties in until the 180th day after you acquire or form The Event of Occurience, Offense, Claim Or the organrza,on or the end of the policy pe- CG D4 15 05 08(Rev 10-CB) ©2008 The Travelers Comparies,Inc Page 5 of 8 014541 COMMERCIAL GENERAL LIABILITY Suit of SECTION IV—COMMERCIAL GENERAL ance" by the method described in c. LIABILITY CONDITIONS below Notice of an "oceurr�mce" or of an offense which b. Excess Insurance may result in a claim must be given as soon as This insurance is excess over any of practicable after knowledge of the "occurrence" or the "other insurance", whether prl- offense has been reported to you, one of your mart', excess, contingent or on any "executive officers" (if you are a corporation), one other basis of your partners who is an individual (if you are a (1) That is Fire, Extended Coverage, partnership), one of your managers (if you are a Builder's Risk, Installation Risk, limited liability com,)any), one of your trustees or similar coverage for "your who is an individual (if you are a trust), or an work", "employee" (such as an insurance, loss control or (2) That is Fire insurance for prem- nsk manager or administrator) designated by you ises rented to you or temporanly to give such notice occupied by you with permission Knowledge by any other "employee" of an "occur- of the owner, rence" or offense does not imply that you also (3) That is insurance purchased by have such knowledge, you to cover your liability as a Notice of an "occurrence" or of an offense which tenam for "property damage" to may result in a claim will be deemed to be given premises rented to you or tempo- as soon as piactic� le to us if it is gnren in good ranly occupied by you with per- faith as soon as pracicable to your workers' corn- mission of the owner; or pensation, accident, or health insurer This ap- (4) If the loss arises out of the main- plies only if you subsequently give notice of the tenance or use of aircraft, "occurrence" of offense to us as soon as practi- "autos", or watercraft to the ex- cable after you, one of your"executive officers" (if tent act subject to Exclusion g. of you are a corporation), one of your partners who Section I — Coverage A — Bodily is an individual (if you are a partnership), one of Injury And Property Damage Li- your ranagers (if you are a limited liability com- ability; or pany), one of your trustees who is an individual (if (5) That is available to the insured you are a trust), or art "employee" (such as an in- when the insured is an additional surance, loss control or ris< manager or admmis- insured under any other policy, trator) designated by you to give such notice dis- including any umbrella or excess covers that the "occurrence" or offense may in- policy volve this policy When this insurance is excess, we Q. OTHER INSURANCE CONDITION will have no duty under Coverages A or B to defend the insured against 1. The foliowing ic,places Paragiaph 4., Other any "suit" if any provider of "other in- Insurance of SECTION IV — COMMERCIAL surance" has a duty to defend the in- GENERAL LIABILITY CONDITIONS: sured against that "suit". If no pro- 4. Other Insurance vider of "other insurance" defends, If valid and collectible "other insurance" is we be will ltunditied toe to the d nso, but we cOvelavailable ei the insured for a loss we against all those providers of "other coves „rides Coverages A or B of this Coverngo Part, our obligations are limited Insurance" as follows When this insurance is excess over a. Primary insurance other insurance', we will pay only our share of the amount of the loss, if This inslrrance is primary except any, that exceeds the sum of when b. below applies If .his insur- (1) The total amount that all such ance is primary, our obligations are not affected aril>ss any of the "other 'other insurance" would pay for insuranc�." is also primary Then, we the loss In the absence of this m- will ,hai,., w0h all that "other msur- surance, and Page 6 of 8 02008 The Travelers Companies,Inc. CG D4 15 05 08(Rev 10-08) COMMERCIAL GENERAL LIABILITY (2) The total of all deductible and Insurance shown on the Declarations of self-insured amounts under that this Coverage Part. "other insurance". R. UNINTENTIONAL OMISSION We will share the remaining loss, if 1. The following is added to Paragraph 6. Rep- any, with any "other insurance"that is resentations of SECTION IV - COMMER- not described in this Excess Insur- CIAL GENERAL LIABILITY CONDITIONS: ante provision c. Method Of Sharing The unintentional omission of, or uninten- tional error in, any information provided by If all of the "other insurance permits you which we relied upon in issuing this policy contribution by equal shares, we will shall not prejudice your rights under this in- follow this method also, Under this surance approach each provider of insurance contributes equal amounts until it has 2• This Provision R. does not affect our right to paid its applicable limit of insurance collect additional premium or to exercise our or none of the loss remains, which- right of cancellation or nonrenewal in accor- evor cornes first dance with applicable insurance laws or regu- If any of the "other insurance" es lations not permit contribution y equal S. WAI 'ER OF TRANSFER OF RIGHTS OF RE- shares, we will contrib e by lim; , CO ERY AGAINST OTHERS TO US WHEN Under t`,is method, the share cf ea h QUIRED BY CONTRACT provider of insurance is based on t❑ The following is added to Paragraph 8. Transfer rato of its inplicable limit of insur- of Rights of Recovery Against Others to Us of ance to the tc,tal applicable limits of SECTION IV - COMMERCIAL GENERAL LI- insuraw.e of all providers of Insur- ABILITY CONDITIONS. ance 2. The following definitio r is added to SECTION We waive any rights of recovery we may have V-DEFINITIOfaS against any person or organization because of payments we make for "bodily injury", "property ^_ "Other insurance" damage", "personal injury" or "advertising injury" a. Means insurance, or the funding of arising out of losses, that is provided by, through or on 1. Premises owned by you, temporarily occu- behalf of pied by you with permission of the owner, or "® (1) Another insurance company; leased or rented to you, .= (2) Us or any of our affiliated insurance 2. Ongoing operations performed by you, or on ZEZ companies, except r-rien the Non your behalf, under a contract or agreement '^ cumularun of Each Occurrence Limit with that person or organization, �^. section � f Paragraph 5. of LIMITS OF <—= INSURP,NCE (Section III) or the Non 3. 'Your work", or " curni la, on of i urscrial and Advertis- 4. "Your products" =� ing nju,� limit sections of Paragraph We waive these rights only where you have m, 4. of LiI IITS OF INSURANCE (Sec- agreed to do so as part of a "written contract re- quiring insurance" entered into by you before, and (3) Any risk i;tent on group; in effect when, the "bodily injury" or "property (4) Any scif-insurance method or pro- damage" occurs, or the "personal injury" offense „= gram, other than any funded by you or"advertising injury"offense is committed. o and over which this Coverage Part T. AMENDED BODILY INJURY DEFINITION applies; or The followirg repkices the definition of "bodily (5) Any sum' it risk transfer or risk man- njury" inthe DEFRJITIONS Section agemer- nethod b. Does not insl„de umbrella insurance, or "Bodily injury" means bodily injury, mental an- excess insurance, that you bought spe- guish, mental injury shock, fright, disability, hu- cifically to al-ply in excess of the Limits of miliailen, sickness or d,sease sustained by a per- CG D4 15 05 08(Rev 1 o-e-) ©2008 The Travelers Cwnpanies,Inc Page 7 of 8 oi4s42 COMMERCIAL GENERAL LIABILITY son, including death resulting from any of these at "Written contract requiring insurance" means that any time. part of any written contract or written agreement U. AMENDED INSURED CONTRACT DEFINITION under which you are required to include a person — RAILROAD EASEMENT or organization as an additional insured on this Coverage Part, provided that the "bodily injury" 1. Subparagraph c. of the definition of "insured and "property damage" occurs, and the "personal contract' in the DEFINITIONS Section is re- injury" is caused by an offense committed placed by the fol'owing c. Any easement or license agreement, a. After the signing and execution of the contract or agreement by you, 2. Subparagraph f(1) of the definition of "in- b. While that part of the contract or agreement is sured contract" in the DEFINITIONS Section in effect, and is deleted. c. Before the end of the policy period. V. ADDITIONAL DEF"'ITION — WRITTEN CON- TRACT REQUIRING INSURANCE The following definition is added to the DEFINI- TIONS Section Page 8 of 8 ©2008 The Travelers Companies,Inc CG D4 15 05 08(Rev 10-08)