Loading...
HomeMy WebLinkAboutPW13-269 - Original - Tierra Right of Way Services - Horseshoe Bend Levee - Respond to Request for Appeal of Relocation Entitlements Records Man 2eme`nt KEN T ' �. 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: 1 This is assigned by City Clerk's Office Project Name: Horseshoe Bend Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: I Contract Effective Date: 9/3/13 Termination Date: 10/31/13 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.): Respond to the request for an a Y eal of relocation entitlements for the Bartlet re- establishment. _ S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 11/08 t�ENT 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 1575 E. River Road, Suite 201, Tucson, AZ 85718, 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 assist the City to respond to the request for an appeal of relocation entitlements for the Horseshoe Bend Levee Bartley Re-establishment. For a description, see the Consultant's July 1, 2013 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 October 31, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Four Thousand, Eight Hundred Dollars ($4,800.00), 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. i 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) I the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: � CITY OF KENT: ( ign ture (signature) Print N me: 41; 11 z e' �, d, Print Name: Mark Howlett Its: ra.=1 .rf ' Its: Design Engineering Manager (title) DATE: V -%-i DATE: (3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mack Dickerson Timothy 1. LaPorte, P.E. Tierra Right of Way Services, Ltd. City of Kent 1575 E. River Road, Suite 201 220 Fourth Avenue South Tucson, AZ 85718 Kent, WA 98032 (520) 319-2106 (telephone) (253) 856-5500 (telephone) 520 323-3326 facsimile (253) 856-6500 (facsimile) Tierra Right of Way-Bartley]/W Illms Dixen i i 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. S. 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. �h 1 Dated this day of�rr�J , 201_�. By: For: i [. �r'tl k' )J/ P kkli rrst% te.(. 4�✓" t I J�� Title: i(4- 21 cl Date: ?' 7.3--- 0 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. I I EEO COMPLIANCE DOCUMENTS - 2 EXHIBIT A 07 July 1,2013 �bls. Ingrid Willms-Dixon, Project Analyst City of Kent,Design Engineering&Public Works 220 Fourth Avenue South Dent,WA 98032 Re: Horseshoe Bend Levee Project Project 09.3005.3 Bartley Re-establishment Dear Ms. Wihns-Dixon; Per our previous conversations,'I'icrra proposes the following scope of work'and budget for the above referenced project: Scope of Work:Assist City staff and City Attorney,as needed,to respond to the Bartley's request for an appeal of their.relocation entitlements.The work to be performed by'l ierra may include,but is not limited to,reviewing documents, drafting responses, commenting on drafts of work produced by others,meetings and drive time to meetings and other such tasks as requested by the City of Kent to complete the appeal. It is anticipated that this scope of work will be completed no later than October 31,2013. Budget-. 40 hours total budgeted, total cost$4,800,00. Should you have any questions, please feet free to contact me. Sincerely, j 'Ty�at�'`L�Ce/u�u�arr Mack Dickerson,SR/WA,RW-Rt1C, GRI Vice President,Right of Way Operations i 1 i Randye K. Ferriclq President & Broker 2611 N.E. 12SO, Street, Sulbo 202. u Seattle, Washington 96125 0 206.363.IS56 0 Fax: 206,363.0106 Right of Way o Cul rural Resources o Envir on,n o meal Planning Federol, State, and Local Permitting e GISICAb Napping w sv w.tlerraro w,com 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 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. i EXHIBIT B (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 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 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 D:BEI �4�oizr�T CERTIFICATE OF LIABILITY INSURANCE DAT 07/03O/YYYYI 07I03f13 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(les) must be endorsed. If SUBROGATION 13 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 Stuckey Ins&Assoc Agencies 602.264.5533 NAM9i FA 6343 N.16th Street,Suite 110 602-279-9336 'HONEale No Et: arc No: Phoenix,AZ 85016 E-MAIL Larry Stuckey CPCU CLU ADDRESS: FRODUCER CUSTOMER,,TIERR4 INSURERS AFFORDING COVERAGE _ NAICB INSURED Tierra Right of Way INSURER A:Phoenix Insurance Company 25623 1575 E. River Rd.#201 INSURER a:Travelers Prop Cas of America 25674 Tucson,,AZ 85718.5831 - INSURER c:Travelers Indemnity Company 25658 INSURERD:Travelers Indemnity Co of CT 25682 INSURER E:XL Specialty Ins Co 37885 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, NOTVATHSTANDING 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 rrPAID CLAIMS. ILIR TYPE OF INSURANCE D BR POLICYNUMSER IMMDDY� MMIOIDYA'YYPY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 68048321-470 07/10113 07/10/14 PREMISES Ea occurrence 5 300,000 CLAIMS-MADE �OCCUR MED EXP(Any one person) S 10,000 X Contractual Liab PERSONAL&ADV INJURY IS 1,000.000 X I XCU coverage NO DEDUCTIBLE GENERAL AGGREGATE $ 2,000,000 GE_N'LAGGREGATE UMD-APPLIES PER: PRODUCTS-COMPIOPAGG S 2,000,000 POLICY X PRO LOC s , AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT S 1,000,000 (Ea aec[denll B X ANY AUTO BA639SL303 07/10113 07M0114 ALL OWNED AUTOS NO DEDUCTIBLE BODILY INJURY(Per person) $ BODILY INJURY(Per accident) S SCHEDULED AUTOS PROPERTY DAMAGE S X HIREDAUTOS (Per accident) X NON-OWNED AUTOS S S UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 5,000,000 C X EXCESSLIAB CLAIMSMADE AGGREGATE S 5,000,000 -- — CUP7180Y034 07/10/13 07/10114 -------- DEDUCTIBLE S X RETENTION S 10000 1 1 1 1S WORKERS COMPENSATION X OCYLRTTB ER --- ANY EMPLOYERS'LIABILITY D ANY PRCPRIETORIPARTNERIEXEGUTIVE YIN UB9213Y784 07/10113 07/10/14 E.I_EACH ACCIDENT $ 1,000,000 OFFICCWMEIABER EXCWOED9 NIA (Mendelery In NHl E.L,DISEASE-EA EMPLO_Y_ES 1,000,000 If yea,deacdbe under DESCRIPf101J OF OPERATIONS belav E.L.DISEASE-POLICY LIMIT S 1,000,000 E /Professional Liab DPR979339 07/10113 07/10114 Per Claim 2,000,000 Includes NETWORK SECURITY LIAR. Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101.Additional Remarks Schedule,if more space is requlredj Professional Liability-Claims Made-Retro Date 5/11/98 City of Kent is included as additional Insured as per written contract as respects to general and auto liability on a primary and non contributory basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE City of Kent - THE ACCORDAINCEION W THDATE THEREOF,THE POLICY PROVISIONS. WILL BE DELIVERED IN 400 West Gowe i Kent,WA 98032 AUTHORIZED REPRESENTATIVE � I ©1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD . POLICYNUMBER, BA-63995,303-12=GRP EFFEGYIVE DATE; 07-10-12 ISSUE DATE; 07-03-12 . LISTINp OF WORMS, ENDORSEMENTS AND SCAEDUZ9 NOMBER9 THIS LISTXNG SEOF'7g THE Mrf8ER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS, IL TO 02 11 89 COMMON POLICY DECLARATIQNS IL TS 01 10 93 FORMS, ENDORSEMENTS AND SCHBD'(TLE NOMBERS XL TO 01 01 07 COMMON POLICY CONDITIONS COMME'RCIA.L AUTOMOBILE CA TO 01 02 07 BUSINESS AUTO COY PART ITEMS 1, 2 CA TO 0303 20 BU9 AUTO COV PART DECLARATIONS&5 CA TO 30 11 D6 BUSINESS AUTO/TRUCK COV PART-SUPPL SCHD CA TO 31 03 10 TABLE OF CDNTFNTS-SUSTRPS9 ,AUTO COY FORM CA 00 01 03 10 .BUSINESS AUTO COVERAGE FORM CA T4 $9 O3 10 A'MENDNENT OF EMPLOYEE DEFINXTION CA 01 39 12 01 NEIJ UgX%CO CHANGES CA 01 75 07 04 ARIZONA CHANGES CA 04 23 07 04 ARTZOPIA=gULL GUOS COVERAGE CA 20 48 02 99 DESIGNATED INSURED CA 21 3.9 07 09 ARIZONA UNX COYERkGE CA 21 40 07 09 ARXZONA LTIM COVEAkRE. CA 31 29 05 OS NEI9 M?XICO UNXNSUREp MOTORIST COVERAGE CA 99 03 03 06 AUTO MED PAY' COV.PR CA 99 10 03 10 DRXVE OTHER Cap COV' NAbSA.:D INSD CA T3 40 08 08 BLANI:EZ' PSAXVE2 Or SIt16GATTON [:A. T4 37 oa 08 HL.XWET A))D:[TIONA.a INSURED ('-A 02 50 02 99 NEW N3XXC0 CAYiCELI•A.'r,LON CFIUt OES C!1 T-3 04 01 87 I;2fEND.RD TIT.LE..AIJTO COV--f RAGE PARTS XNTERLINE ELVDOR82MFNT,B F(� . IX. 00 21 09 OS if1i CLEAR Lk'tN;RCy SIAS E.XC.L gm+o-,BS;OAD FORM I }j€ 4 4 .iii�fj iPl: I '03 0•I '10 93 POLICYNIUM13ER; 880mdMI,470-PHX-12 EFF'EOTIVEDATE; 07-10-12 ISSUEDATE; 07-03-12 LISTING OF FORMS, BNDORSfi.Id NTS AND 00R3 DUAE NCWERS TYUS LISTING SgOWS THE, LUMBER OF EORM,q•,, SCHEDULES AND ENDORSEtfiENI'S . B1' LINE OF BUSINESS. �3h XI, TO 25 08 01 RENEWAL CERTIFICATE +'T MP TO 01 02 05 BUSINESSOWNBRS COVERAGE PART PECS ,f4 IS, T'8 01 01 D1 FORMS, ENDORSEMENTS AIM SCAEbUL$.Sr�TcIDER9 IL T3 15 09 07 COMMON POLICY CONDITIONS ' * IL TO 20 02 05 AD7)MOATA_L LOCATIONS 1 BtYS%NESSOWNPIRS CP 12 18 05. 95 LOSS PAYABLE PROVISIONS MP T1 30 02 05 TBL OF CONT-BUSINESSOW PI18 COV-DETMH DIP Ti 02 02 05 BUSINRSSOWNER5 PROPERTY COV-SPEC YOM MP 'T1 05 02 05 APH,NDATQRY PROVISIONS-OaxaS MP PO 61. 09 07 aRCHITECa^S,ENGINEERS & SURVEYORS END * M2 T3 07 03 97 PROTECTIVE 8AYF0UA.RDS-SPRINX6M6TAUMT MP T3' 25 01 08 TERRORISM RISK INS ACT. OF 2002 NOTICE * Wn T3 29 02 OS FRXPA COVERAOG - I mp T3 50 11 06 EQUIP BREAKDOWN SERV INTERRUPTION DIN NP T3 56 02 08 AbENOATORY PROVISIONS-GREEN, BY,D * MP TI 55 O2 05 AME111) EMPLOYEE DISHONESTY LIMIT CP T9 S8 02 11 ARIZON:A CHANGES CP 01 32 06 04 ARIZONA CH.ANTGES CP 01 60 12 93 TIASHINGTON CHANGES, - DOMESTIC ABUSE . � CP 12 20 06 07 LOSS PagpBLR PROVISIONS-Wi8S7iiN GTON MP T4 31, 12 09 Tvk CS-I-MMS COMMIRCIAL G914FRAL TjXABId,ITY t co D3 15 11 03 BLA15aLET DrSB.d `LOCA:$IOUS(S) GEM, A.9G3, Laid' Cr TO 34 11. 03 T1BLR OF CONTPJ,�'S CO 00 01 10 01 CWH.SERCIAL 0i5PRAL LTABIS: 'rZ COV L'OR1d 00 ➢2 .55 11 03 A.hiPNDUM OF COVERAGE POLLUT'0u '.00 D3 09 11 03 AbigND OFR dt8�79RD .: .ACC. DJ 81 09 07 ADY-V ?PP8"MI) A.2CrT,SECT,� ipG1I�RERrfi OR VkYUR * CG D3 82 09 07 ADDL :CSti SURr1D a�Tt('UTmhGS',Lsl•,*G1"r8R„�v4YrESwU2 * CG D4 71 02 09 P.JJUD COVEMIGR B%- MRS F ADV I.Nti UR t CC; 21 70 01 00 CAP ON A_C2U-TBRR0RISN CG Do 37 04 05 OTHER iS7BURiL�ff1F,' A.i)�'r'iPT.03.5AL INSUREDS x CC D2 03 1.1 97 P-OVdiD-ROW (AU.NUATT'N OF EACH OCC CG D3 79 09. 07 XT4M FINDDORS +r CC D4 13 Or. 08 A.1&W:1UUM OF CO�iERACi3�COS}L.i11sG-POliX,V:t`SON CG D2 86 11 03 F..MPLO'Ydd"k iT-RRLA!CA'D PP.ACTIOES E2CaU-91011 CC D3 26 10 11. EXCLUSTONT - CINSOLICITED clVMO'.cYICATIO,Bi CG D3 56 Ol 05 t4 DXT:H RQU'IPMXCIi :VLs:41CIM SUB TO 1W LAW +• co D3 80 10 11 OR STk'mi;y PROI, L-T.n Ty,9T TW 7$IS YORIM NAT C�NGED, OR TER FOR3i WAS NOT ON PUL7.C'Y BEFORE. - IL T8 04 01 01 PPGr7: 7, OF 2 1' I POLICY NUMBER.- CUP-7180YO34-12-47 EFFESTI.VE,.DATE: 07/10/202.2 ,..j YE DATE: 07/03/2012 LISTING OF FORMS, ENDORSBMEPTT$AND SOSEDVLE kJOMEERS THIS LISTING SHOWS TEE NUbS$ER OF FORMS, SCHEDULES AND EORSEME it EY LINE OF BUSINESS ND NTS 4G TO 14 04 96 POLICY DEC UMBRRY.LA IMATIONS COMMERCIAL EXCESS LIABILITY 7L T8 01 01 01 FORMS ENDORSEMENTS AND SCHEDULE NOMEERS UMBRELLA / EXCESS I CO DO 23 04 96 SC.B'EDULE OF UNDERLYING TNSURINCE UM 00 01 11 03 _''p�• COMMEROIAL 94588 .USABILITY UMERELLP- EIPSURANCE -�>LRA 03 45 02 00 AUTO LIABILITY. - FOLLOWING 80R3M U24 03 81 01 06 OAP ON L 03 92 OSSES PROM CERTIFIED ACTS OR TERRORTS2A UM -�U 04 45 05 03 EAfrPLOYER0"LIABILITY - FOLLOWING FORM 06 AMENDMENT OF WEO IS AN INCUPED UM 04 77 07 08 P14ENDMFXT OF DUTIES IN THE EVENT OF OCCURRENCE OR OFFENSE CLAI&T UM 04 BB 07 09 WALVER OF OUR RIGHT TO RECOVER FROM OTHERS TIM 05 11 02 09 A-mwDk, ..0 OF COVERAGE E - PERSONAL 1'NJORY ADVERTISING IN,fOR�Y'•`LTAB ILLTY Ud4 00 94 OB B6 ARE-'MMENT OF;-F'O'VERAGE - W�MSD INSURED Vn1 01 52 11 03 EMPLOYEE 1342� rT'S LIABILITY UM 03 37 01 99 REASO;N*ABLE FORCH - BODILY 1NOTTRY OR P�OPERTV DA. Q�f 00 76 01 AR 86 "ULE XXTM G ;''LIA,gILITY EXCLGSIOD7 ENDORSP�f4EN'TBROAD}3AGE i FORM. .... 77 L3f 01 66 OB 91 EXCLUSION - LEAD INCL'Ul)X-G PRODUCTS - CO_SPLETEU I}t( OPE?_32T-ToxS ITI[Z.ARD . titB 0:! 91. 01 02 WAR ERCLUSIoN TRt 01 96 07 96 E2:CLUSI:ON - ASBESTOS T2i 5 04 15 10 1:l L'3CCLb'SI Jt PN' - QRCDj:TCITED C'094IaTFhIC'AmION`S !- TTt4 04 49 03 07 EXCi_,USION •- ARC%TITECTS SUR`vEYQRS 1?ROU'ESSION�', L;iAB21,ITY. ULd 05 30 '03 09 EXC'LUSIDDT - D28CRIMTN.9?`ION . `01d 0r OF COLisU2E F�7PCIATn PROTECTLgiq05 09 10 +� EXCLUSTON lvlo:0AT LRT•7S I ilhi Ol 08 11 03 A% WIgDAT OR_F iSi4.A,URSEif!�P7T JQDORSE2HENT3 fig OS 10 FeBPERAL ThP.RORI;'24 R.TSY: 1:[JStJ;Z:AsiC'.�, ACT DISCI:OSC7RE tttttk f� , i If. Ta 99 o'i o'I Para! ON 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 S.Transfer of Rights Of Recovery Against Others To Us of the CONDITIONS section is replaced by the following: i 8. 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 PriVacVl Leaal Notices - �)?OOu"i ne i7avolers Companies,Inc. I COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED cINSURANCE (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 in agreement requiring insurance"that the insurance caused, in whale 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 tons; such additional insured which-Rovers such addi- b. In connection with premises owned by or tional Insured as a named insured, and we will not rented to you; or share with,the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily Injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal Injury" for which coverage is Such, person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or _ damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ante still Is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under ® d. This insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph t . 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 add!- 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 requlr_ 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 fart, whichever are part of the "contract or agreement requiring insur- less. This endorsement'does not increase the ante"'-with''such person or organization-entered limits of Insurance stated in the LIMITS Or into by you before, and in effect when, the "bodily GG D3 81 09 07 ©2007TheTravelers companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance Seivices Ofnce,Inc.,Wth its permission 001833 COMMERCIAL GENERAL LIABILITY injury" occurs, Part, natll d p iersoalln O. Thollow following definition is added jury" 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. f I i i I Page 2 of 7 ©2007 The Travelers companies,Inc. CG DS 81 09 07 Includes the copyrighted material of Insurance Services office,Inc.,with its permission Ilk i i i 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:) !I This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION:as required by written contract WC 00 03 13 00 r Privac I Legal Notices ©2008 The Travelers Companies,Inc. I Ii I I I i 4 i f i f I I i i i l I II COMMERCIAL GENERAL LIABILITY HIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, �!!! ARCHITECTS, ENGINEERS AND SURVEYORS I KTEND ENDORSEMENT I This endorsement modifies insurance provided under the following. t COMMERCIAL GENERAL LIABILITY COVERAGE PART 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 Force o Bodily Injury Or Property O• Who Is An Insured--Newly Acquired Or Formed Damage Organizations j D. Non-Owned Watercraft—increased To Up To 75 P. Who Is An Insured Unnamed Partnership Or feet Joint Venture--Excess I E. Aircraft Chartered With Crew Q. Per Project General Aggregate Limit I F. 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 r Violation Of Rights Of Another Exclusion T. Waiver Of Transfer Of Rights Of Recovery H. Medical Payments Limit Against Others is Us When Required By Con- L Increased Supplementary Payments tract Or Agreement U. Amended Bodily injury Definition J. Additional insured •> Owner, Manager Or Lessor Ofi Premises V. Amended Insured Contract Definition -• Railroad Easement K. Additional Insured—Lessor Of Leased Equipment L. Additional Insured -» State Or Polittcal Subdivi- W. Amended Property Damage Definition--Tangible ! sions—Permits Relating To Premises Property X. Additional Definition e Contract or Agreament M. Additional Insured m State Or Political Subdivi- Requiring Insurance sloes -•Permits Relating To Operations PROVISIONS coverage for any such additional organization Y� during will cease as of the date, if an A. BROADENED NAMED INSURED g the � 1. The Named Insured in Item 1. of the Ccm- policy period, that you no longer are the sole mon Policy Declarations is amended as fel- Owner of, or maintain majority ownership interest in,such organizatzat ion. 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• of the Common Policy Declarations and any eluded by another endorsement to this Cov- organization, other than a partnership, joint erage Pail. venture, limited liability company or trust, of which you are the sole owner or in which you B. INCIDENTAL.MEDICAL.MALPRAGI ICE maintain the majority ownership interest on 1. The following Is added to Paragraph 1. Insur- the effective date of the policy. However, ling Agreement of COVERAGE A BODILY CG 03 79 09 07 020W The Travelers Companies,Inc, Page 1 of S i COMMERCIAL GENERAL LIABILITY I INJURY AND PROPERTY DAMAGE LI. C. REASONABLE FORCE — BODILY INJURY OR ABILITY In COVERAGES (Section 1); 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 $a- Paragraph 2. Exclusions of COVERAGE A maritan services" to a person, other than a BODILY INJURY AND PROPERTY DAMAGE co-"employee" or "volunteer worker", will be LIABILITY in COVERAGES (Section 1) is de- deemed to be caused by an "occurrence". feted and replaced by the following: For the purposes of determining the applica- Expected Or Intended Injury Or Damage bte 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 2. As used In this Provision B.: "property damage" resulting from the use of rea. sonable force to protect any person or property. a. "First aid" means medical or nursing ser , vice, treatment, advice or instruction; the D. NON-OWNED WATERCRAFT — INCREASED related furnishing of food or beverages; TO UP TO 75 FEET the furnishing or dispensing of drugs or d• The exception contained in Subparagraph (2) medical supplies or appliances; of the Aircraft, Auto Or Watercraft Exclu. b. "Good Samaritan services" means those sion in 2. Exclusions of COVERAGE A medical services rendered or provided in BODILY INJURY AND PROPERTY DAM- AGE LIABILITY in COVERAGES (Section 1) ne is deleted and replaced b the following: ! emergency and for which no remu- rpacey e aeration is demanded or received. f 3. . Paragraph 2.s.(9)(d) of WHO IS AN IN- (2) A watercraft you do not own that Is: SURED (Section 11) does not apply to any of (a) Less than 75 feet long;and 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 { f,above and while acting within the scope of 2. Only as respects the insurance provided by I their employment b this Provision D., WHO IS AN INSURED y you. Any such "employ- (Section il) is amended to include as an in- will rendering "Good Samaritan services" sured any person who, with your expressed will be deemed to be acting within the scope or implied consent, either uses or is respon- sible for the use of the watercraft. d. The following exclusion is added to Para- 3. The insurance provided by this Provision D. graph 2.Exclusions of COVERAGE A BOD= shall 6e excess over any valid and collectible j ILY INJURY AND PROPERTY DAMAGE other insurance available to the Insured, i 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 Decla- statute or ordinance relating to the safe of rations for this Coverage Part, pharmaceuticals committed by or with the E. AIRCRAFT CHARTERED WITH CREW knowledge or consent of the insured. C The following is added to the exceptions con- 5. The Insurance provided by this Provision B. talned 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 g a pilot,di Aircraft chartered with crow, including of the Limits of Insurance shown in the Decla- rations for this Coverage Part, to any insured. Page 2 of tI Q 2007'rhe Travelers Companion,Inc. CG D3 79 09 07 j i COMMERCIAL GENERAL LIABILITY 2. This Provision E. does not apply if the char- any one premises while rented to you, or II 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 ning; smoke resulting from such fire, expio- E other insurance available to the insured, slon, 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 chased specifically by you to apply in excess the same "occurrence", whether such dam- of the Limits of Insurance shown in the Decla. age results from: fire; explosion; lightning; rations for this Coverage Part, smoke resulting from such fire, explosion, or f( F. EXTENSION OF ,COVERAGE _ DAMAGE TO lightning;or water; or any combination of any PREMISES RENTED TO YOU of these causes. 1. The last paragraph of COVERAGE A BOD- The Damage 7o premises Rented To You ! 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 tem- Declarations for this Coverage Part. porarily occupied by you with permission of 4. 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, oxplo- person or organization.for damage to sion,or lightning;or premises while rented to you, or tempo- e. Water, rarlly occupied by you with permission of A separate limit of insurance applies to-this the owner, caused by: fire; explosion; coverage as described in LIMITS OF lids lightning; smoke resulting from such fire, explosion, or lightning; or water is not an SURANCE(Section 111). "insured contract"; Z The insurance under this Provision F. does 5. not apply to damage to premises while rented for Provision T F, does not apply if coverage of to you, or temporarily occupied by you with for Damage To Premises Rented To You of COVERAGE A BODILY INJURY AND permission of the owner, caused by: PROPERTY DAMAGE LIABILITY in COV- a. Rupture, bursting, or operation of pies- ERAGES (Section 1) is excluded by another 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- steam engines,orstaam turbines, sion of COVERAGE B PERSONAL INJURY, 3, Paragraph 6. of LIMITS OF INSURANCC ADVERTISING INJURY AND WEB SITE IN. } (Section Ill) Is deleted and replaced by the JURY LIABILITY of the WEB XTEND LIABILI"fY following: Endorsement: i Subject to S. above, the Damage To Prom. This exclusion does not apply to "personal Injury" f lass Rented To You Limit is the most we will caused by malicious prosecution, r pay under Coverage A for the sum of all damages because of "property damage" to E GC D3 79 69 07 ©2007 The Travelers companies,Inc. Page 3 of 8 j } t I i I i COMMERCIAL GENERAL LIABILITY E 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 Paragraphs 1.b. and 14 of SUPPLEMENTARY excluded by another endorsement tothis Coverage Part. PAYMENTS — COVERAGES A AND 13 in COV 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 incroased to$2500, specifically is added by another en- 2. In Paragraph 1.d., the amount we will pay for dorsement to this Coverage Part, f 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 II) is I 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- r 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: Insured does not apply to; 1 To an "bodily injury" 1 O Y Y ] ry" or „properly (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- j caused by an offense committed, at- led, after the equipment lease ex- ter you cease to be a tenant in that plies;or i premises; r i i Page 4 of S ©2007 The Travelers Companies,Ina cG D3 70 09 07 i i r I COMMERCIAL GENERAL LIABILITY (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: [1, added by another endorsement to this Cov- Any architect, engineer or surveyor engaged erage Part. by or for you that you agree in a "contract or i L. ADDITIONAL INSURED — STATE OR POLITI- agreement requiring Insurance to include as CAL SUBDIVISIONS e PERMITS RELATING an additional insured on this Coverage Part, TO PREMISES i but only with respect to liability for"bodily in- t I The following is added to Paragraph 2. of WHO jury", "property damage" or "personal injury" € IS AN INSURED (Section 11) to include as an that is caused, in whole or in part, by acts or z 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 cov- "personal injury"or"advertising injury"arising out erage as an additions( insured specifically is i of the existence, ownership, use, maintenance, added by another endorsement to this Cov- repair, construction, erection or removal of adver- erage Part, tising signs, awnings, canopies, cellar entrances, 0, WHO IS AN INSURED m NEWLYACQUIRED coal holes, driveways, manholes, marquees, hoist OR FORMED ORGANIZATIONS f away openings, sidewalk vaults,elevators, street 1. Paragraph 4.a. of WHO IS AN INSURED banners or decorations for which that state or (Section political subdivision has Issued such permit. tI) is deleted and replaced by the Viewing: d( M. ADDITIONAL INSURED o STATE OR POLITI- a. Coverage under this provision is afforded E CAL SUBDIVISIONS e PERMI S RELATING only until the 180th day after you acquire TO OPE C.A 3 SONS 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 (5eeilon 11) 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 "property damage", "personal injury" or"advertis- provision until the end of the policy pe- ; Ing injury" arising out of operations performed by riod, even if there are more than 180 you or on your behalf for which that state or po- days remaining until the end of the policy litical subdivision has issued such permit. How- period; i ever, no such clefs 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 Pact. Injury" or "advertising Injury" arising out of 13. WHO IS AN INSURED—UNNAMED PART_ operations performed for that slate or political NERSHIP OR JOINT VENTURE s EXCESS { subdivision;or 1. The last paragraph of WHO IS AN INSURED f 2, 'Bodily injury"or"property damage" included (Soction 11) is deleted and replaced by the within the "products c completed operations following: hazard", t 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 D:3 79 09 07 U 2007 The Travelers Companles,Inc, Page 5 of 8 f i I i COMMERCIAL GENERAL LIABILITY j 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 buslness of any current or past partner- expenses shall reduce the Per Project Gen- ship or joint venture: eral Aggregate Limit for that "project", but a. That is not shown as a Named Insured in shall not reduce: the Common Policy Declarations,and a. Any other Per Project General Aggregate 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 archl- 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 son or organization for which coverage is ex- Coverage Part for Each Occurrence, t)am- cluded by another endorsement to this Cov- l erage Part, age To Premises Rented To You and Medical i Expense are also subject to the Per Project C 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 i 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 j shown as a Named Insured in the Common or agreement. For the purposes of determin- l Policy Declarations and which Is issued to ing the applicable aggregate limit of insur- such partnership or joint venture, ante, each "project" that includes premises O. PER PROJECT GENERAL AGGREGATE LIMIT involving the same or connecting lots, or i premises whose connection is interrupted 9. Paragraph 2. of LIMITS OF INSURANCE only by a street, roadway, waterway or right- (Section !II) is deleted and replaced by {he 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_ _I will pay for the sum of: RENCE OR OFFENSE f 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" j SURANCE(Section III): or Offense has been reported to you, one of your A separate Per Project General Aggregate "executive officers" (if you are a corporation), one Limit applies to each "project" for all sums of your partners who is an individual (if you are a which the insured becomes legally obligated Partnership), one of your managers (if You are a to pay as damages caused b limited liability company); one of your trustees y "occurrences" who is an individual (if you are a trust), or an under Coverage A and for all medical ex- "employee" (such as an insurance, loss control or penses caused by accidents under Coverage 1 riskg 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 rence" or offense does not imply that you also Part. have such knowledge. i f Page 6 of a OO 2007 The Travelers Componles,Inc. CG D3 70 09 07 i I � I COMMERCIAL GENERAL LIABILITY Notice of an "occurrence"or of an offense which 4. "Your products". i 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'ea - agreed entered into by you before, and In effect pensation, accident, or health insurer. This ap• when, the "bodily injury" or "property damage" plies only if you subsequently glue notice of the occurs, or the"personal injury"offense or"adver- [` "occurrence' or offense to us as soon as practi- tising Injury"offense is committed. cable after you, one of your "executive officers" U. AMENDED BODILY INJURY DEFINITION (if you are a corporation), one of your partners j who Is an individual (if you are a partnership), The definition of"bodily injury" in DEFINITIONS 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 'rndivid. Ing; ual (if you are a trust), or an"employee"(such as an insurance, foss control or risk manager or ad- "Bodily injury"means; 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; I 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 resontations of COMMERCIAL GENERAL c. Care, loss of services or death resulting at LIABILITY CONDITIONS (Section IV): any time from such physical harm, sickness t The unintentional omission of, or uninten- or disease. ) tional error in, any information provided by V. AMENDED INSURED CONTRACT DEFINITION � you which we relied upon in issuing this pol- ^RAIi.,ROAD EASEMENT Icy shall not prejudice your rights under this 1. Subparagraph c. of the definition of "insured i insurance. contract"in DEFINITIONS (Section V) is de- i 2, This Provision S. does not affect our right to feted and replaced by the following; { collect additional premium or to exercise our c. Any easement or license agreement; right of cancellation or nonrenewal in accor- A. Subparagraph E(1) of the definition of "in- dance with applicable insurance laws orregu- cured contract" in DEFINITIONS(Section V) lotions, Is deleted. F T. WAIVER OF TRANSFER OF RIGHTS OF W. AMENDED PROPER)Y DAMAGE DEFINITION j RECOVERY AGAINST OTHERS TO US WHEN —TANGIBLE PROPERTY REQUIRED BY CONTRACT OR AGReZMENT The following is added to Paragraph 0,'iransfer The definition of "property damage" In DEFINI. TIONS (Section V) is deleted and replaced by j of Rights of Recovery Against Others to Us of the following: 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 aN resulting loss of use of that property. Al payments we make for "bodily injury", "prope ty such loss of use shall he 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 b b. Loss of use of tangible j y you, temporarily occu- g'ble property that is not pled 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- 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- j with that person or organization; arty does not include data i 3. "Your work'; or i i CO D3 79 09 07 ©2007 The Travelers Companies,Inc. Page 7 of 8 i r I COMMERCIAL GENERAL LIABILITY i X. The following definition is added to SECTION V A 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 effect;and { Coverage Part, provided that the 'bodily injury" C. Before the and of the policy period. i f 2 t 9 E f t I �I 1 i 1 t I I I i I, 1 4 s i I i i f f i i Page 8 of 8 OO 2007 The Travelers Companies,ins. CG D3 73 08 07 l i