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HomeMy WebLinkAboutPW14-247 - Original - J. A. Brennan Associates, PLLC - On-Call Landscape Architectural Services - 10/09/2014 1 �� ¢ �F�� I Records ana emi � ,.- i KEN.. W A9HINGTGN Document xhsi} a pr5 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: J.A. Brennan Associates, PLLC Vendor Number: JD Edwards Number Contract Number: worya This is assigned by City Clerk's Office Project Name: Landscape Architectural Services Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 10/9/14 Termination Date: 8/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Howlett Department: Engineering Contract Amount: $8,000.00 Approval Authority: (CIRCLE ONE :Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide on-call services. As of: 08/27/14 KENT w.III,IAG.aPI CONSULTANT SERVICES AGREEMENT between the City of Kent and J.A. Brennan Associates, PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and J.A. Brennan Associates, PLLC organized under the laws of the State of Washington, located and doing business at 100 S. King St., Suite 200, Seattle, WA 98104, Phone: (206) 583-0620/Fax: (206) 583-0623, Contact: James Brennan (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide on-call landscape architectural services. 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 August 31, 2015, III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eight Thousand Dollars ($8,000.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) I 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) i 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 j injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product, B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties` performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this j 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 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, I 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: BJMI B y sgnature) (signature) i Print Name: \ )1y &-02 Print Name: Timothy J. LaPorte, P.E. Its: Its: Public Works Director (title) DATE: IC)l(o44 DATE:f �f NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: James Brennan Timothy J. LaPorte, P.E. J.A. Brennan Associates, PLLC City of Kent 100 S. King St., Suite 200 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 I (206) 583-0620 (telephone) (253) 856-5500 (telephone) 206 583-0623 facsimile (253) 856-6500 (facsimile) JA Brennan-On-call Services1Horvlett 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. I 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. I 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. I By signing below, I gree to fulfill the five requirements referenced above. i By: 41�k For: A7tlt� Title: CLItIC✓ 6L- Date: EEO COMPLIANCE DOCUMENTS - 1 i CITY OF KENT ADMINISTRATIVE POLICY i i NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 I SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT i I This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I I, the undersigned, a duly represented agent of I Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Ery}' RSSOC.111t��N PLLC August 14,2014 Landscape Architects&Planners 100 S. King Street,Suite 200,Seattle,WA 48104 t. 206.583-0620 f 206.583,0623 Mark Howlett,P,E,, www,jabrennan.com Design Engineering Manager Design Engineering I Public Works Department City of Kent 220 Fourth Avenue South Kent, WA 98032 RE: Scope of Work for On-Call Services Dear Marl: J.A.Brennan Associates, PLLC(J.A. Brennan)is pleased to provide on-call landscape architectural services to the City of Kent's Public Works Department, Jim Brennan,Principal will be the signing authority over all contracts. Tanja Wilcox,Mike Perfetti,and Drew Coombs may provide project management services for individual task orders/projects. Description of Work Our scope of work shall include a variety of professional landscape architectural services in support of various Public Works capital projects. Work may include,but is not limited to,conceptual landscape design,planting design,irrigation design,site planning, construction drawings,specifications, construction observation,trail planning and design, and consultation for issues arising during construction. Individual Task Orders Work shall be governed by individual task orders,which may be associated with individual projects or a group of related projects.Each task order shall include an individual scope. Scopes for each task order will be coordinated with Parks and Public Works,and shall be charged in accordance with the fee schedule that is attached as Exhibit A. Notice to Proceed J,A.Brennan will receive a Notice to Proceed at the initiation of the contract,but no work associated with a particular task order shall conunenee until the scope and fee for that task order is mutually agreed upon by J.A.Brennan and the City, Assumptions Project assumptions will be included with each individual negotiated task order, Sincerely J.A, erntan sociates,PLLC J nes A. Brennan,ASLA rincipal I Attachment A. I J.A. Brennan Associates,PLLC 2014 Hourly Billing Rates Classification Rate Project Principal Jim Brennan $145.00 Senior Associate Landscape Architect Tanja Wilcox $118.00 Senior Associate Landscape Architect Mike Perfetti $106.00 Landscape Architect Drew Coombs $89.00 Landscape Designer Dan Shaw $68.00 Landscape Designer Emily Griffith $68.00 Landscape Designer Birnk Belay $60.00 ClerieallAdmin ChristineNaelc $77.00 i I i i i EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS j Insurance j 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 1185 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 Liabilitv 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 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. i 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. I ACORD,. Client#: 328420 JABRENNA ACO('iD,M CERTIFICATE OF LIABILITY INSURANCE DATE06/2014 ) 1 010 6/2 01d 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 Kibble&Prentice,a USI Co PR ,NAME_ AltNe Ext 206 441-6300 ______7uAc,Not: 610-362_-8528 601 Union Street, Suite 1000 ADDRESS PL.Certrequest@kpcom.com Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAICN INSURER A:Phoenix Insurance Company 25623 INSURED INSURER B:Travelers Casualty&Surety Co. 31194 _ J.A. Brennan Associates, PLLC INSURER C:Travelers Property Cas.Co.of. 25674 100 S.King St.,Suite 200 -" -- INSURERD: Seattle,WA 98104 — - --_ 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. INSR ADDLSUSR POLICY EFF POLICY E%P LIMITS LTR TYPE OF INSURANCE INSR WVD POLICYNUMBER MMIDDtYYYY MMIpp A GENERAL LIABILITY 680661413276 3/01/2014 031011201E EACHOCCURRENCE 152,000,000 T ED X COMMERCIAL GENERAL LIABILITY PREMppry�pGE ISES EaRENTocwrrnncej_ _ $1 000,000 CLAIMS-MADE 51OCCUR MEDEXP(Anyon.person) _ $10,000 PERSONAL&ADV INJURY $2 000,000 GENERAL AGGREGATE s4 000,000 GERL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $4,000,_000 POLICY FX JECT LOC _ $ AUTOMOBILE LIABILITY COMBINED GINGLE LIMIT C BA6614P286 3i01/2014 031011201 EaaWd.nt___._ 110001000 X ANY AUTO BODILY INJURY(Perparenn) $ ALL OWNED SCHAUTEDULED BODILY INJURY(Per accidoni) $ AUTOS NON�OWNEO PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident _.__. $ UMBRELLA LIAR OCCUR EACH OCCURRENCE _ $ EXCESS LIAR _...�CtARVE MADE _AGGREGATE DED RETENTIONS $ A WORKERS COMPENSATION 6806614P276 3/01/2014 03/011201 w0 sTAITu- X GTH- AND EMPLOYERS'LIABILITY _ ANY PROPRIF.TORMARTNEWEXECUTIVE YIN (WA Stop Gap) E.L.EACH ACCIDENT $1000000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1000,000 If yes,desc,ibaunder LL.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below _ __.. B Professional 105408190 0310112014 03101/2015 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS(VEHICLES(Attach ACORD 101,AddKbnal Remarks Schedule,If more space k,nqul,ed) RE: On-Call Landscape Architectural Services The General Liability Policy includes an automatic Additional Insured endorsement that provides Additional Insured status to the City of Kent only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured. CERTIFICATE HOLDER CANCELLATION City of Kent Engineering SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y 9 g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE 140, ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 off The ACORD name and logo are registered marks of ACORD #S13484696/M11691130 EZGJU i This page has been left blank intentionally: j I i I, I i I i I I 6806614P276 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal injury"or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- surance available to you is deleted. vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur- Subparagraph (1): ante is primary to other insurance that is avail- That Is available to the insured when the insured able to such additional insured which covers such is added as an additional Insured under any other additional insured as a named insured, and we policy, including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and e o o o= o= , " o. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc.All rights reserved. Page 1 of 1 000227 6806614P276 COMMERCIAL GENERAL LIABILITY i THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. I ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: 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 — Bodily Injury Or Property O. Who Is An Insured — Newly Acquired Or Formed Damage Organizations D. Non-Owned Watercraft — Increased To Up To 75 P• Who Is An Insured — Unnamed Partnership Or feet Joint Venture—Excess E. Aircraft Chartered With Crew O. Per Project General Aggregate Limit 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 Violation Of Rights Of Another Exclusion T. Waiver Of Transfer Of Rights Of Recovery H. Medical Payments Limit Against Others To Us When Required By Con- �= tract Or Agreement I, Increased Supplementary Payments U. Amended Bodily Injury Definition J. Additional Insured — Owner, Manager Or Lessor Of Premises V. Amended Insured Contract Definition — Railroad Easement o K. Additional Insured—Lessor Of Leased Equipment W. Amended Property Damage Definition —Tangible L. Additional Insured — State Or Political Subdivi- Property o siens—Permits Relating To Premises X. Additional Definition — Contract or Agreement M. Additional Insured — State Or Political Subdivi- Requiring Insurance sions—Permits Relating To Operations o PROVISIONS coverage for any such additional organization A. BROADENED NAMED INSURED will cease as of the date, if any, during the —_ policy period, that you no longer are the sole 1. The Named Insured in Item 1. of the Com- �_ man Policy Declarations is amended as fol- owner of, or maintain the majority ownership Y interest in, such organization. lows. 2. This Provision A. does not apply to any per- The person or organization named in Item 1. son or organization for which coverage is ex- of the Common Policy Declarations and any eluded by another endorsement to this Cov- organization, other than a partnership, joint erage Part, venture, limited liability company or trust, of which you are the sole owner or In which you B. INCIDENTAL MEDICAL MALPRACTICE maintain the majority ownership interest on 1. The following is added to Paragraph 1. Insur- the effective date of the policy. However, ing Agreement of COVERAGE A BODILY CG D3 79 09 07 0 2007 The Travelers Companies,ne. Page 1 of 8 000zze i I COMMERCIAL GENERAL LIABILITY 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 Sa- Paragraph 2. Exclusions of COVERAGE A maritan services" to a person, other than a BODILY INJURY AND PROPERTY DAMAGE j co-"employee" or "volunteer worker", will be LIABILITY in COVERAGES (Section 1) is de- deemed to be caused by an 'occurrence", leted and replaced by the following: For the purposes of determining the applica- Expected Or Intended Injury Or Damage ble limits of Insurance, any act or omission together with all related acts or omissions in "Bodily injury" or "property damage" expected or the furnishing of the services to any one per- intended from the standpoint of the insured. This son will be deemed one"occurrence". exclusion does not apply to "bodily injury" or "Property damage" resulting from the use of rea- l. As used in this Provision B.: sonable force to protect any person or property. a. "First aid" means medical or nursing ser- D. NON-OWNED WATERCRAFT — INCREASED vice, treatment, advice or Instruction; the TO UP TO 75 FEET related furnishing of food or beverages;the furnishing or dispensing of drugs 0� i. The exception contained in Subparagraph (2) medical supplies or appliances; of the Aircraft, Auto Or Watercraft Exclu- sion in 2. Exclusions of COVERAGE A b. "Good Samaritan services" means those BODILY INJURY AND PROPERTY DAM- medical services rendered or provided in AGE LIABILITY in COVERAGES (Section 1) an emergency and for which no remu- is deleted and replaced by the following: neration is demanded or received. 3. Paragraph 2.a.(1)(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 feel 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 2, Only as respects the insurance provided by 1. above and while acting within the scope of this Provision D., WHO IS AN INSURED their employment by you. Any such "employ- (Section (1) is amended to include as an in- ees" 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- of their employment by you, sidle for the use of the watercraft. 4, The following exclusion is added to Para- 3. The insurance provided by this Provision D. graph 2. Exclusions of COVERAGE A BOD- shall be excess over any valid and collectible ILY INJURY AND PROPERTY DAMAGE other insurance available to the Insured. LIABILITY in COVERAGES (Section 1): whether primary, excess, contingent or an 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 sale of rations for this Coverage Part. pharmaceuticals committed by or with the E. AIRCRAFT CHARTERED WITH CREW knowledge or consent of the insured. 1. The following is added to the exceptions con- k. The insurance provided by this Provision B. tained in the Aircraft, Auto Or Watercraft shall be excess over any valid and collectible Exclusion in Paragraph 2. Exclusions of other insurance available to the insured, COVERAGE A BODILY INJURY AND whether primary, excess, contingent or on PROPERTY DAMAGE LIABILITY in COV- any other basis, except for insurance pur- ERAGES (Section 1): chased specifically by you to apply in excess Aircraft chartered with crew, including a pilot, of the Limits of Insurance shown in the Decla- to any insured. rations for this Coverage Part, Page 2 of 8 0 2007 The Travelers Companies,Inc. CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY 2. This Provision E. does not apply if the char- any one premises while rented to you, or tered 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, explo- other insurance available to the Insured, sion, or lightning; or water. The Damage To whether primary, excess, contingent or on Premises Rented To You Limit will apply to any other basis, except for insurance pur- all "property damage" proximately caused by 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. EXTENSION OF COVERAGE — DAMAGE TO lightning- or water; or any combination of any PREMISES RENTED TO YOU of these causes. The Damage To Premises Rented To You 1. The last paragraph of COVERAGE A BOD- Limit will be the higher of: ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section I) 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- c. Lightning; ever, that portion of the contract for a lease of premises that indemnifies any d. Smoke resulting from such fire, explo- person or organization for damage to sion, or lightning; or premises while rented to you, or tempo- - e. Water. rarily occupied by you with permission of the owner, caused by: fire; explosion; A separate limit of insurance applies to this covers a as described in LIMITS OF IN- lightning; smoke resulting from such fire, 0 explosion, or lightning; or water is not an SURANCE(Section III). "insured contract"; 2. The insurance under this Provision F. does S. This Provision F. does not apply if coverage not apply to damage to premises while rented for Damage To Premises Rented To You of to you, or temporarily occupied by you with COVERAGE A BODILY INJURY AND permission of the owner, caused by: PROPERTY DAMAGE LIABILITY in COV- a. Rupture, bursting, or operation of pres- ERAGES (Section 1) is excluded by another 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 we- 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, or steam turbines, sions of COVERAGE B PERSONAL INJURY, 3. Paragraph 6. of LIMITS OF INSURANCE ADVERTISING INJURY AND WEB SITE IN- (Section lll) is deleted and replaced by the JURY LIABILITY of the WEB XTEND LIABILITY following: Endorsement: Subject to 5. above, the Damage To Prem- This exclusion does not apply to "personal Injury" ises Rented To You Limit is the most we will caused by malicious prosecution. pay under Coverage A for the sum of all damages because of "property damage" to CG D3 79 09 07 0 2007 The Travelers Companies,Inc. Page 3 of 5 000zze i I COMMERCIAL GENERAL LIABILITY 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 1. INCREASED SUPPLEMENTARY PAYMENTS (3) Any premises for which coverage Is Paragraphs 1.b. and 1.d. of SUPPLEMENTARY excluded by another endorsement to this Coverage Part. PAYMENTS — COVERAGES A AND B in COV- ERAGES (Section 1) are amended as follows: 3. This Provision J. does not apply on any basis to any person or organization for 1. in Paragraph 1.b., the amount we will pay for which coverage as an additional insured the cost of bail bonds is increased to $2500. specifically is added by another en- 2. In Paragraph 1.d., the amount we will pay for dorsement to this Coverage Part. loss of earnings is increased to $500 a day. K. ADDITIONAL INSURED — LESSOR OF J. ADDITIONAL INSURED — OWNER, MANAGER LEASED EQUIPMENT OR LESSOR OF PREMISES 1. WHO IS AN INSURED (Section II) is 1. WHO IS AN INSURED (Section 11) 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"properly damage"that occurs, or "personal injury" caused by an offense "personal injury" caused by an offense committed, after you have entered into committed, after you have entered into that contract or agreement; and that contract or agreement; and b. Only if the "bodily Injury", "property Jam- b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in age" or 'personal injury" is caused, in whole or in part, by acts or omissions of whole or In part, by acts or omissions of you or any person or organization per- you or any person or organization per- forming operations on your behalf, in the forming operations on your behalf, and maintenance, operation or use of equip- arises out of the ownership, maintenance ment leased to you by such additional !n- 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 any "bodily injury" or "property (1) Any "bodily injury" or "property dam- damage" that occurs, or"personal In- age" that occurs, or "personal Injury" jury" caused by an offense commit- caused by an offense committed, af- ted, after the equipment lease ex- ter you cease to be a tenant in that pires; or premises; i Page 4 of 8 0 2007 The Travelers companies,Inc. CG D3 79 09 07 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 II)to include erage as an additional insured specifically Is as an Insured: added by another endorsement to this Cov- Any architect, engineer or surveyor engaged erage Part. by or for you that you agree in a "contract or L. ADDITIONAL INSURED - STATE OR POLITI- agreement requiring insurance" to include as CAL SUBDIVISIONS - PERMITS RELATING an additional insured on this Coverage Part, TO PREMISES but only with respect to liability for "bodily in- The following is added to Paragraph 2. of WHO jury", "property damage" or "personal injury" IS AN INSURED (Section II) to Include as an that is caused, in whole or in part, by acts or insured: omissions of you or any person or organiza- tion acting on your behalf in connection with Any state or political subdivision that has issued a your premises or"your work". permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, but only 2. This Provision N.does not apply on any basis with respect to "bodily injury", "property damage", to any person or organization for which cov- "personal injury" or"advertising injury" arising out erage as an additional Insured specifically is of the existence, ownership, use, maintenance, added by another endorsement to this Cov- repair, construction, erection or removal of adver- erage Part. tising signs, awnings, canopies, cellar entrances, O, WHO IS AN INSURED- NEWLY ACQUIRED coal holes, driveways, manholes, marquees, hoist OR FORMED ORGANIZATIONS away openings, sidewalk vaults, elevators, street 1. Paragraph 4,a. of WHO IS AN INSURED banners or decorations for which that state or (Section II) is deleted and replaced by the political subdivision has Issued such permit, following: M. ADDITIONAL INSURED - STATE OR POLITI- a. Coverage under this provision is afforded o CAL SUBDIVISIONS - PERMITS RELATING only until the 180th day after you acquire TO OPERATIONS or form the organization or the end of the The following is added to Paragraph 2. of WHO policy period, whichever is earlier. Any IS AN INSURED (Section ll) to include as an such newly acquired or formed organiza- Insured: ticn 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 She 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; ever, no such state or political subdivision is an 2. This Provision O. does not apply to any or- insured for: ganization for which coverage is excluded by 1. "Bodily injury", "property damage", "personal another endorsement to this Coverage Part. -= injury" or "advertising injury" arising out of P. WHO IS AN INSURED-UNNAMED PART- operations performed for that state or political NERSHIP OR JOINT VENTURE-EXCESS subdivision; or 1. The last paragraph of WHO IS AN INSURED 2. "Bodily injury" or "property damage" included (Section ll) is deleted and replaced by the within the "products - completed operations following: hazard". No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named In- sured in the Common Policy Declarations. CG D3 79 09 07 Q 2007 The Travelers Companies,Inc. Page 5 of 8 0 230 COMMERCIAL GENERAL LIA131LITY However, this exclusion does not apply to Any payments made under Coverage A for your liability with respect to your conduct of damages and under Coverage C for medical the business of any current or past partner- expenses shall reduce the Per Project Gen- ship or joint venture; eral Aggregate Limit for that "project", but 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 archi- c, The Products-Completed Operations Ag- tectural, engineering, or surveying firm. gregate Limit. 2. This Provision P. does not apply to any per- The limits shown in the Declarations for this son or organization for which coverage is ex- Coverage Part for Each Occurrence, Dam- cluded by another endorsement to this Cov- age To Premises Rented To You and Medical erage Part. Expense are also subject to the Per Project 3. The insurance provided by this Provision P. General Aggregate Limit when the Per Pro- shall be excess over any valid and collectible ject General Aggregate Limit applies. other insurance, whether primary, excess, 3. As used in the Provision C.: contingent or on any other basis, which is available covering your liability with respect 'Project' means an area away from premises to your conduct of the business of any current owned by or rented to you at which you are or past partnership or joint venture that is not performing operations pursuant to a contract shown as a Named Insured in the Common or agreement. For the purposes of determin- Policy Declarations and which is issued to ing the applicable aggregate limit of insur- such partnership or joint venture. ance, each "project' that includes premises O. PER PROJECT GENERAL AGGREGATE LIMIT involving the same connecting lots, or premises whose connection is interrupted 1. Paragraph 2. of LIMITS OF INSURANCE only by a street, roadway, waterway or right- (Section 111) is deleted and replaced by the of-way of a railroad shall be considered a sin- following: gle "project'. The General Aggregate Limit is the most we R. KNOWLEDGE AND NOTICE OF OCCUR- will pay for the sum of: RENCE OR OFFENSE a. Damages under Coverage B; and The following is added to Paragraph 2. Duties In b. Damages from 'occurrences" under Cov- The Event of Occurrence, Offense, Claim Or erage A and for all medical expenses Suit of COMMERCIAL GENERAL LIABILITY caused by accidents under Coverage C CONDITIONS (Section IV); which cannot be attributed only to opera- Notice of an 'occurrence" or of an offense which tions at a single "project', may result in a claim must be given as soon as 2. The following is added to LIMITS OF IN- practicable after knowledge of the 'occurrence" SURANCE(Section 111); or offense has been reported to you, one of your "executive officers" (if you are a corporation),one A separate Per Project General Aggregate of your partners who is an individual (if you are a Limit applies to each "project' for all sums partnership), one of your managers (if you are a which the insured becomes legally obligated limited liability company), one of your trustees to pay as damages caused by "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 risk manager or administrator) designated by you C which can be attributed only to operations to give such notice. at a single 'project", and that limit is equal to the amount of the General Aggregate Limit Knowledge by any other"employee"of an "occur- shown in the Declarations for this Coverage rence" or offense does not imply that you also Part. have such knowledge. I Page 6 of 8 0 2007 The Travelers Companies,Inc. CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY Notice of an 'Occurrence" or of an offense which 4. "Your products", may result in a claim will be deemed to be given We waive these rights only where you have as soon as practicable to us if it is given in good agreed to do so as part of a contract or agree- faith as soon as practicable to your workers' com- meat 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 give 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" (if you are a corporation), one of your partners U, AMENDED BODILY INJURY DEFINITION 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 individ- ing: ual (if you are a trust), or an "employee" (such as "Bodily injury" means: an insurance, loss control or risk manager or ad- ministrator) designated by you to give such notice a. Physical harm, Including sickness or disease, discovers that the "occurrence" or offense may sustained by a person; involve this policy, b. Mental anguish, injury or illness, or emotional S. UNINTENTIONAL OMISSION distress, resulting at any time from such 1. The Following is added to Paragraph B. Rep- physical harm,sickness or disease; or resentations of COMMERCIAL GENERAL c. Care, loss of services or death resulting at LIABILITY CONDITIONS (Section IV): any time from such physical harm, sickness 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- —RAILROAD EASEMENT icy shall not prejudice your rights under this 1. Subparagraph c. of the definition of "insured insurance. contract" in DEFINITIONS (Section V) is de- 2. This Provision S. does not affect our right to leted and replaced by the following: collect additional premium or to exercise our c. Any easement or license agreement; right of cancellation or nanranewal in accor- 2, Subparagraph f.(1) of the definition of "in- dance with applicable insurance laws or regu- sured contract" in DEFINITIONS (Section V) lations. is deleted. n� T. WAIVER OF TRANSFER OF RIGHTS OF W. AMENDED PROPERTY DAMAGE DEFINITION RECOVERY AGAINST OTHERS TO US WHEN —TANGIBLE PROPERTY REQUIRED BY CONTRACT OR AGREEMENT The definition of "property damage" in DEFINI- The following is added to Paragraph 0. Transfer TIONS (Section V) is deleted and replaced by 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 all resulting loss of use of that property. All _= payments we make for "bodily injury", "property such loss of use shall be deemed to occur at damage", "personal injury" or "advertising injury" the time of the physical injury that caused It; ~= arising out of: or 1. Premises owned by you, temporarily occu- b. Loss of use of tangible property that is not pied by you with permission of the owner, or physically injured. All such loss of use shall leased or rented to you; be deemed to occur at the time of the"occur- - 2. Ongoing operations performed by you, or on rence"that caused it. your behalf, under a contract or agreement For the purposes of this insurance, tangible prop- with that person or organization; erty does not include data. 3. "Your work"; or j CG D3 79 09 07 Q 2007 The Travelers Companies,Inc. Page 7 of 8 00023� I COMMERCIAL GENERAL LIABILITY i X. The following definition is added to SECTION V— and "property damage" occurs, and the "personal DEFINITIONS: injury" is caused by an offense committed: "Contract or agreement requiring insurance" a. After you have entered Into that contract of means that part of any contract or agreement agreement; under which you are required to include a person b. While that part of the contract or agreement or Organization as an additional insured on this is in effect; and Coverage Part, provided that the "bodily Injury" c. Before the end of the policy period. Page 8 of 8 0 2007 The Travelers Companies,Inc. GG D3 79 09 07 6806614P276 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. l BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) i This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section 11): 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 elude as an additional insured on this Coverage LIABILITY CONDITIONS ($action IV): Part, but only with respect to liability far"bodily In- However, if you specifically agree in a "contract or jury", "property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis,this Insurance a. In the performance of your ongoing opera- is primary to other Insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you; or share with the other insurance, provided that; c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal Injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability In a con- ance still is excess over valid and collectible other tract or agreement, insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis,that is available to the insured is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance, any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part, DITIONS(Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services", payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less, This endorsement does not Increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the"bodily i CG D3 81 09 07 02007 The Travelers Companies,Inc. Page t of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission COMMERCIAL GENERAL LIABILITY Injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury"is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period, i 00 o= h- o= o= m=— Page 2 of 2 ®2007 The Travelers Companies,Inc. CO D3 81 09 07 Includes the copyrighted material of Insurance Services Office,Inc.,vdth its permission 000zzz BA6614P288 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless mods- fled by the endorsement. 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 the 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. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J, PERSONAL EFFECTS LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1.,Who Is your business, An Insured, of SECTION 11 — LIABILITY COV. 2. The following replaces Paragraph b, in B.S., ERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be eov- executed by you before the "bodily injury" or ered "autos"you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy pedod, to be named as an addi- rent or borrow;and tional insured is an "insured" for Liability Cover- (2) Any covered "auto"hired or rented by age, but only for damages to which this insurance applies and only to the extent that person or or- your "employee" under a contract in ganization qualifies as an "insured" under the that individual "employee's" name, Who Is An Insured provision contained in Section with your permission, while perform- il ing duties related to the conduct of Your business. B. EMPLOYEE HIRED AUTO However, any"auto"that is leased, hired, 1. The following is added to Paragraph A.1., rented or borrowed with a driver is not a Who Is An Insured, of SECTION 11 — LI. covered"auto". ABILITY COVERAGE: C. EMPLOYEES AS INSURED An "employee" of yours is an "insured" while operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement In that "em- An Insured, of SECTION 11 — LIABILITY COV- ployee's" name, with your permission, while ERAGE: I CA T4 20 07 10 P 2010 The Travelers indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance services Office,Inc,will)its permission. i COMMERCIAL AUTO Any "employee"of yours is an "insured" while us- (3) If a repair or replacement results in better ing a covered"auto"you don't own, hire or borrow than like kind or quality, we will not pay for the in your business or your personal affairs. amount of betterment. D. SUPPLEMENTARY PAYMENTS — INCREASED (4) A deductible equal to the highest Physical LIMITS Damage deductible applicable to any owned 1. The following replaces Paragraph A.2.a.(2)of covered "auto". SECTION II—LIABILITY COVERAGE: (5) This Coverage Extension does not apply to: (2) Up to $3,000 for cost of ball bonds (in- (a) Any "auto" that is hired, rented or bor- cluding bonds for related traffic law viola- rowed with a driver; or tions) required because of an "accident" (b) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed from your"employee". these bonds. G. PHYSICAL DAMAGE — TRANSPORTATION 2, The following replaces Paragraph A.2.a.(4)of EXPENSES—INCREASED LIMIT SECTION Ii—LIABILITY COVERAGE: (4) All reasonable expenses incurred by the The following replaces the first sentence in Para- "Insured" at our request, including actual graph A.4III Transportation Expenses, . 9 g SECTION III — PHYSICAL DAMAGE COVER• lass of earnings up to $500 a day be- AGE: cause of time off from work. E. TRAILERS—INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- The following replaces Paragraph C.I. of SEC- curred by you because of the total theft of a cov- TION I—COVERED AUTOS: ered"auto"of the private passenger type. 1. "Trailers" with a load capacity of 3,000 H. AUDIO, VISUAL AND DATA ELECTRONIC pounds or less designed primarily for travel EQUIPMENT—INCREASED LIMIT on public roads. Paragraph C.2.. Limit Of Insurance, of SEC- F. HIRED AUTO PHYSICAL DAMAGE TION III — PHYSICAL DAMAGE COVERAGE is The following is added to Paragraph A.4., Cover- deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deductl- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Liability COVERAGE: Coverage but not covered "autos" for Physical No deductible for a covered "auto" will apply to Damage Coverage, and this policy also provides glass damage if the glass is repaired rather than Physical Damage Coverage for an owned "auto", replaced. then the Physical Damage Coverage Is extended J. PERSONAL EFFECTS to "autos" that you hire, rent or borrow subject to The following is added to Paragraph AA., Cover- the following: age Extensions, of SECTION Ili — PHYSICAL (1) The most we will pay for "loss" In any one DAMAGE COVERAGE: "accident" to a hired, rented or borrowed personal Effects Coverage "auto"is the lesser of: (a) $50,000; We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (b) The actual cash value of the damaged or Owned by an"insured"; and stolen property as of the time of the (1) "loss", or (2) In or on your covered"auto". (c) The cost of repairing or replacing the This coverage only applies In the event of a total damaged or stolen property with other theft of your covered "auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2) An adjustment for depreciation and physical age. condition will be made In determining actual cash value in the event of a total"loss Page 2 of 3 O"2010 the Travelers Indemnity Company.All rights reserved. CA T4 20 07 10 I Includes copyrighted material of Insurance Services office,Inc.with its permission. - II i COMMERCIAL AUTO I K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the"loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto"you own that In- and tear or high mileage; flate due to a cause other than a cause of"loss" (c) Security deposits not returned by the les- set forth in Paragraphs A.1.b. and A.1.c., but sor; only: re- (d) Costs for extended warranties, Credit Life a. If that"auto" is a covered "auto"for Com P Insurance, Flealth, Accident or Disability hensive Coverage under this policy; Insurance purchased with the loan or It. The airbags are not covered under any war- lease;and ranty; and (e) Carry-over balances from previous loans c. The airbags were not intentionally inflated. or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". The following replaces Paragraph A.5., Transfer L. AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us, The following is added to Paragraph A.4., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: 5. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles We waive any right of recovery we may have In the event of a total"loss"to a covered"auto"of against any person or organization to the ex- the private passenger type shown in the Schedule tent required of you by a written contract exe- cutedor Declarations for which Physical Damage Cov- prior to any "accident" or "loss", pro- or is provided,we will pay any unpaid amount vided that the"accident"or"loss"ar sec out of due on the lease or loan for such covered"auto" the operations contemplated by such son- less the following: tract. The waiver applies only to the person or (1) The amount paid under the Physical Damage organization designated in such contract. Coverage Section of the policy for that"auto'; and i CA T4 20 07 10 Q 2010 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services office,Inc.with Its permission.