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HomeMy WebLinkAboutPW14-248 - Original - Berger Parternship PS - Landscape Architectural Services - 10/09/2014 i Records anagern6" KENT .., Document' { I I CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Berger Partnership PS Vendor Number: JD Edwards Number Contract Number: %Vk0WV6$ This is assigned by City Jerk's Office Project Name: Landscape Architectural Services Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 10J9J14 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 ON department Director Mayor City Council 4®nyiavu�m Detail: (i.e. address, location, parcel number, tax id, etc.): Provide on-call services. I As of: 08/27/14 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and i Berger Partnership PS i THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Berger Partnership PS organized under the laws of the State of Washington, located and doing business at 1721 8th Ave. N., Seattle, WA 98109, Phone: (206) 325-6877, Contact: Greg Brower (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. i 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 an invoice. If the City objects to all or any portion of an invoice, it shall notify the CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) 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. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) 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. I 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. 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 CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) 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 the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations, I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts, This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT- By:— 6xz-�Or By: (SVature) ignature) Print Name: CW6& P90w6le, Print Name: Timothy J. LaPorte, P,E. Its: JPWAJ C-1 oQ4W- Its: Public Works Director (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Greg Brower Timothy J, LaPorte, P.E. Berger Partnership PS City of Kent 1721 8th Ave. N. 220 Fourth Avenue South Seattle, WA 98109 Kent, WA 98032 (206) 325-6877 (telephone) (253) 856-5500 (telephone) (253) 856-6500 (facsimile) CONSULTANT SERVICES AGREEMENT - 5 (Under$10,000) i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY i The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: (tr ' For: ��RlJ'� PfF�7"AsieSKlr' Title: P/4(/V Date: i i i EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY 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. I EEO COMPLIANCE DOCUMENTS - 2 i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: i I EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A i PARTNERSHIP 8.18.14 r .eger Mr. Mark Howlett, PE I Design Engineering Manager City of Kent Public Works Department ! 220 Fourth Avenue South Kent, WA 98032 Proposal for Landscape Architectural Services-City of Kent-On Call Landscape Architectural Services Dear Mr. Howlett: In response to your request we have prepared this proposal to provide on-call landscape architectural services for the City of Kent. This proposal outlines the general scope of services, fee range and hourly rates, Specific services and fees will be identified upon receipt of individual task orders issued by the city. Scope of Services The scope 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. 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 fees outlined below. A Notice to Proceed will be issued by the city at the initiation of the contract, but no work associated with a particular task order shall commence until the scope and fee for that task order is mutually agreed upon by the city and Berger Partnership. i L and,scape.Architecture Berger Partnership Ps 206 328 0877 17218th Ave hergerpartnershlp.cotn (Urban Design seage,WA 98100 i i ii 8,18.14 ti p* PAR T N En SH i.P Mr.Mark Howlett,PE Ykpp City of Kent Public Works Department be ger Proposal for Landscape Architectural Services—City of Kent—On Cali Landscape Architectural Services Page 2 of 2 Fees I Fees will be based on services requested by task orders, typically within a range of$10,000—$15,000. Fees will be billed on a monthly basis for hours accumulated at the following rates: Principal $175.00 per hour Associate $130.00 per hour Project Manager $105.00 per hour Landscape Architectural Staff $90.00 per hour Administrative Staff $60.00 per hour Printing, reprographic expenses, CAD plots, travel costs, and other reimbursable expenses will be billed in addition to the above fees at cost plus a 10% administrative mark-up. All accounts are due in ten days.Invoices not paid within 30 days of invoice date will be subject to late charges of 1% per month. If payment for services is not received within 90 days of the invoice date, all subsequent services and/or issuance of documents may be postponed until receipt of payment, unless special arrangements are made prior to providing the services. Fees may be subject to renegotiation if the proposal is not accepted within 90 days. If the duration of the contract exceeds one year, hourly rates may be subject to annual adjustments at the anniversary date of the contract. If you have questions,would like more information, or wish to make any modifications, please do not hesitate to contact us. We are pleased to have been selected to provide on-call services to the City of Kent and look forward to working with you. Sincerely, Berger Partnership PS Greg Brower Principal I i 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) i 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 j 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. A� CERTIFICATE F LIABILITY INSURANCE1 10/l(2014YY) 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 'i 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 NAM CONTAE:CT Kari Di Julio Gurry&Rogers Insurance Agency, Inc. gkxkari@gurryandlrogers.com 6)621-6444 FAx a. (206)515-0560 a 1200 Sth Ave. #1825 o aess:kari@gurryandrogers.com INSURERS AFFORDING COVERAGE NAIC 0 Seattle WA 98101 INSURER A:Phoenix Insurance Company 25623 INSURED INSURERB;THE TRAVELERS INDEMNITY COMPANY Berger Partnership, P.S. INsummc:Travelers Property Casualty 1721 8th Ave. N. INSURER D: INSURER E: Seattle WA 98109 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1410103316 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER MMJGDV�TRADDLSUBR PO DOYYYV LIMITS GENERAL LIABILITY EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 300,000 PREMISES Ea occurrence) $ A CLAIMS-MADE 111 OCCUR 6805D430382 10/24/2014 0/24/2015 ME,EXP(Any one person) $ 5,000 PERSONAL IT ADV INJURY $ ' 11000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ 2,000,000 POLICY X PRO-JFGT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ 11000,000 ANY AUTO BODILY INJURY(Per person) $ A X ALLOWNED SCHEDULED SASD434565 10/24/201410/24/2015 BODILY INJURY(Per accident) $ AUOX HRTED AUTOS AU Oust X AUTOSWNED Para.ideaOPERTYl DAMAGE $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 3,000,000 B EXCESS LIAR CLAIMS-MADE AGGREGATE $ 3,000,000 LIED RETENTION UPOOSD43488A 0/24/2014 10/24/2015 $ A WORKERS COMPENSATION TQRYIIMI WC STATU- X ER' AND EMPLOYERS'LIABILITY Y/8 ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT_ $ 1,000,000 OFFICE(Mandatory MBERIn Nm EXCLUDED? "IA 58050430382 10/24/201410/24/2015 EL DISEASE-EA EMPLOYE $ 1,000,000 (Mandatory In NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT 1$ 1,000,000 1 G ERRORS & OMISSIONS 105340249 10/4/2014 10/4/2015 $2,000,000 OCCURRENCE LIABILITY $2,000,000 AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is named as additional insured as respects the operations of the named insured. Project: On-call Landscape Architectural Services. I I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE j THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent, WA 98032 AUTHORIZED REPRESENTATIVE ✓�� Kari DiJulio/KD ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025r7alansrm Th.ACn Rn namo and Inns arc rani.flared mark.of AGnRn i I Policy: BA5D434565 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION 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 modi- fed by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any j 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. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G, WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph Al., Who Is "property damage" occurs and that is in effect An Insured, of SECTION II — LIABILITY COV- during the policy period, to be named as an addi- ERAGE: tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership Interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage, IL Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- C. EMPLOYEE HIRED AUTO ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION II — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following is added to Paragraph c, in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II— LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 03 10 6 2010 Tho Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance services Office,Inc.with its permission. COMMERCIAL AUTO I 2. The following replaces Paragraph b. in B.S., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto" you lease, hire, rent or borrow from ered"autos"you own: any of your "employees", partners (if you are a partnership), members (if you are a limited (1) Any covered "auto" you lease, hire, liability company) or members of their house- rent or borrow;and holds. (2) Any covered"auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. However, any "auto"that Is leased, hired, (I) You must arrange to defend the "e- t rented or borrowed with a driver Is not a sured"against, and investigate or tle any such claim or suit" and keep covered "auto". us advised of all proceedings and so- D. EMPLOYEES AS INSURED lions. The following Is added to Paragraph A.1., Who Is (11) Neither you nor any other involved An Insured, of SECTION 11 — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any"employee"of yours is an "insured"while us- (111)We may, at our discretion, participate ing a covered"auto"you don't own, hire or borrow In defending the "insured" against, or In your business or your personal affairs, in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "suit". LIMITS (Iv)We will reimburse the "Insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION If—LIABILITY COVERAGE: pay as damages because of "bodily injury" or"property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this Insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para- we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC- these bonds. TION 11—LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION II—LIABILITY COVERAGE: the reasonable expenses Incurred (4) All reasonable expenses Incurred by the with our consent for your investlga- "insured" at our request, Including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and included F. HIRED AUTO — LIMITED WORLDWIDE COV- within the limit described in Para- graph C., Limit Insurance, of SECTION II — LIABILITY COVER- The following replaces Subparagraph (5) in Pam- AGE, and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSiNESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable limit of insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation Imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 C 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance services Office,Inc.with its permission. i COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph AA., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III — PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country outside the United States, its ter- Personal Effects ritodes and possessions, Puerto Rico and Canada. We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory insurance in any such coun- (1) Owned by an"insured";and try up to the minimum limits required by (2) In or on your covered "auto". local law. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will theft of your covered "auto not invalidate the coverage afforded by this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory In- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exclu- (d) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE; United States of America, Its territories Exclusion 3.a. does not apply to "loss" to one or and possessions, Puerto Rico and Can- more airbags in a covered "auto"you own that in- furnishing We assume no responsibility for the flate due to a cause other than a cause of"loss" for compliance in any way with t furnishing of certificates of with the laws or set forth in Paragraphs AA,b. and A.1,c., but of other countries retaking to insurance, only: G. WAIVER OF DEDUCTIBLE—GLASS a. If that"auto" is a covered "auto"for Compre- hensive Coverage under this policy; The following is added to Paragraph D., Deducti- b. The airbags are not covered under any war- ble, of SECTION III — PHYSICAL DAMAGE ranty;and COVERAGE: No deductible for a covered "auto" will apply to c. The airbags were not intentionally Inflated, glass damage if the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced. one'loss". H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2A., of graph AA.b., Loss Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS: TION III—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident" or "loss" ap- j for loss of use Is $65 per day, to a maximum of plies only when the "accident" or "lass" is known $750 for any one"accident". to: 1. PHYSICAL DAMAGE — TRANSPORTATION (a) You (if you are an individual); EXPENSES—INCREASED LIMIT (b) A partner(if you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability com- graph AA.a., Transportation Expenses, of pany); SECTION III — PHYSICAL DAMAGE COVER- AGE: (d) An executive officer, director or insurance manager(if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganization);or $1,500 for temporary transportation expense in- (a) Any"employee" authorized by you to give no- curred by you because of the total theft of a cov- tice of the "accident"or"loss" ered"auto"of the private passenger type. CA T3 53 03 10 @ 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance services Office,Inc.with Its permission. I COMMERCIAL AUTO I M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.5., Transfer person or organization designated In such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV — BUSINESS AUTO CONDI• N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con- 5, Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. Haw- signed and executed prior to any "accident" ever this provision does not affect our right to col- or"loss", provided that the"accident"or"loss" loot additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. i Page 4 of 4 ®2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance services Office,Inc.with its permission. Policy: 6805D430382 & OUP005D43488A COMMERCIAL GENERAL LIABILITY i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, j ARCHITECTS, ENGINEERS AND S VEY R X EG 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 Q. 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- I. Increased Supplementary Payments tract Or Agreement U. Amended Bodily Injury Definition J. Additional Insured — Owner, Manager Or Lessor Of Premises V. Amended Insured Contract Definition — Railroad Easement K. Additional Insured—Lessor Of Leased Equipment W. Amended Property Damage Definition—Tangible L. Additional Insured — State Or Political Subdivi- Property sions—Permits Relating To Premises X. Additional Definition — Contract or Agreement M. Additional Insured — State Or Political Subdivi- Requiring Insurance sions— Permits Relating To Operations PROVISIONS coverage for any such additional organization A. BROADENED NAMED INSURED will cease as of the date, if any, during the 1. The Named Insured in Item 1, of the Com- policy period, that you no longer are the sole owner of, or maintain the majority ownership mon Policy Declarations is amended as fol- interest in, such organization. lows: 2. This Provision A, does not apply to any per- The person or organization named in Item 1. son or organization for which coverage Is ex- 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,Inc. Page 1 of 8 i COMMERCIAL GENERAL LIABILITY i INJURY AND PROPERTY DAMAGE LI- C. REASONABLE FORCE — BODILY INJURY OR ABILITY in COVERAGES (Section i): PROPERTY DAMAGE "Bodily Injury" arising out of the rendering of, The Expected Or Intended Injury Exclusion in or failure to render, "first aid" or "Good Sa- Paragraph 2. Exclusions of COVERAGE A maritan services" to a person, other than a BODILY INJURY AND PROPERTY DAMAGE 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 j 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,Provislon 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- D. NON-OWNED WATERCRAFT — INCREASED vice, treatment, advice or instruction; the TO UP TO 75 FEET related furnishing of food or beverages; the furnishing or dispensing of drugs or 1. The exception contained in Subparagraph (2) medical supplies or appliances; of the Aircraft, Auto Or Watercraft Exclu- sion in 2. Exclusions of COVERAGE A b. "Good Samaritan services" means those BODILY INJURY AND PROPERTY DAM- medical services rendered or provided In AGE LIABILITY In COVERAGES (Section 1) an emergency and for which no remu- Is deleted and replaced by the following: neration is demanded or received. (2) A watercraft you do not own that is: 3. Paragraph 2.a.(1)(d) of WHO IS AN IN. (a) Less than 75 feet long;and SURED (Section It) does not apply to any of your "employees", who are not employed as (b) Not being used to carry persons or a doctor or nurse by you, but only while per- property for a charge; forming the services described in Paragraph 2, Only as respects the insurance provided by 1. above and while acting within the scope of this Provision D., WHO IS AN INSURED their employment by you. Any such "employ- (Section 11) is amended to include as an in- ees" rendering 'Good Samaritan services" sured any person who, with your expressed will be deemed to be acting within the scope or Implied consent, either uses or is respon- of their employment by you. sible for the use of the watercraft. 4. The following exclusion is added to Para- 3. The Insurance provided by this Provision D. graph 2. Exclusions of COVERAGE A BOD- shall be excess over any valid and collectible ILY INJURY AND PROPERTY DAMAGE other Insurance available to the insured, LIABILITY in COVERAGES (Section 1): 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 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. I Page 2 of 8 0 2007 The Travelers Companies,Inc. CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY j I 2. This Provision E. does not apply if the char- any one premises while rented to you, or tared aircraft is owned by any insured. temporarily occupied by you with permission 3. The insurance provided by this Provision E, of the owner, caused by:fire; explosion; light- shall be excess over any valid and collectible ning; smoke resulting from such fire, exple- 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 lightning; or water; or any combination of any F. EXTENSION OF COVERAGE — DAMAGE TO of these causes. PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A BOD- The Damage To Premises Rented To You p 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, explo- person or organization for damage to sion, or lightning; or premises while rented to you, or tempo- s. Water. rarily occupied by you with permission of orate limit of insurance applies to this the owner, caused by: fire; explosion; A separate pp lightning; smoke resulting from such fire, coverage as described in LIMITS OF IN- explosion, or lightning; or water is not an SURANCE(Section 111). "insured contract; 2. The Insurance under this Provision F. does g, This Provision F. does not apply if coverage not apply to damage to premises while rented for Damage To Premises Rented To You of to you, or temporarily occupied by you with COVERAGE A BODILY INJURY AND permission of the owner,caused by: PROPERTY DAMAGE LIABILITY In COV- a. Rupture, bursting, or operation of pres- ERAGES (Section 1) is excluded by another 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, or steam turbines, dons of COVERAGE B PERSONAL INJURY, 3. Paragraph 6. of LIMITS OF INSURANCE ADVERTISING INJURY AND WEB SITE IN- (Section 111) is deleted and replaced by the JURY LIABILITY of the WEB XTEND LIABILITY following: Endorsement: Subject to S. above, the Damage To Pram- This exclusion does not apply to "personal injury" ass 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 8 COMMERCIAL GENERAL LIABILITY I H. MEDICAL PAYMENTS LIMIT (2) Any structural alterations, new con- The Medical Expense Limit shown in the Declara- struction or demolition operations tions for this Coverage Part is increased to performed by or on behalf of such $10,000. additional insured; or 1. INCREASED SUPPLEMENTARY PAYMENTS (3) Any premises for which coverage is excluded by another endorsement to Paragraphs 1.b, and 1.d, of SUPPLEMENTARY 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 1.1h., 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 IA., 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 11) 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"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 dam- b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in age" or "personal injury" is caused, in whole or in part, by acts or omissions of whole or in part, by acts or omissions of you or any person or organization per- you or any person or organization per- forming operations on your behalf, in the forming operations on your behalf, and maintenance, operation or use of equip- arises out of the ownership, maintenance ment leased to you by such additional in- or use of that part of any premises leased sured, to you under that contract or agreement. 2. The Insurance provided to such additional 2. The insurance provided to such additional insured under this Provision K, is subject to Insured under this Provision J. Is subject to the following provisions: the following provisions: a. The limits of insurance afforded to such a. The limits of insurance afforded to such additional insured shall be the limits additional Insured shalt 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- led, after the equipment lease ex- ter you cease to be a tenant in that pires;or premises; Page 4 of 8 0 207 The Travelers Companies,Inc. CG 03 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 11)to Include erage as an additional insured specifically is as an insured: added by another endorsement to this Cov- Any architect, engineer or surveyor engaged 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", "properly damage" or "personal injury" IS AN INSURED (Section 11) 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 ayour 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, 0. WHO IS AN INSURED—NEWLY ACQUIRED coal holes,driveways, manholes, marquees, hoist OR FORMED ORGANIZATIONS away openings, sidewalk vaults, elevators, street 1. Paragraph 4.a. of WHO IS AN INSURED banners or decorations for which that state or (Section 11) is deleted and replaced by the political subdivision has Issued such permit. following: M. ADDITIONAL INSURED — STATE OR POLITI- a. Coverage under this provision is afforded CAL SUBDIVISIONS — PERMITS RELATING only until the 180th day after you acquire TO OPERATIONS or form the organization or the end of the The following Is added to Paragraph 2. of WHO policy period, whichever is earlier. Any IS AN INSURED (Section II) to include as an such newly acquired or formed organiza- 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 tied, 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- j 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 11) is deleted and replaced by the within the "products — completed operations following: hazard". No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named In- sured In the Common Policy Declarations. I CG D3 79 09 07 0 2007 The Travelers Companies,Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY i 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 O.: 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 or 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 II1): or offense has been reported to you, one of your "executive officers" (if you are a corporation), one j 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. Page 6 of 8 is 2007 The Travelers Companies,Inc. CG D$79 09 07 I 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- ment 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- a. Physical harm, including sickness or disease, ministrator)designated by you to give such notice y g discovers that the "occurrence" or offense may sustained by a person; Involve this policy, b. Mental anguish, injury or illness, or emotional S. UNINTENTIONAL OMISSION distress, resulting at any time from such 1. The following Is added to Paragraph 6. Rep- physical harm, sickness or disease;or resentations of COMMERCIAL GENERAL c, Care, loss of services or death resulting at LIABILITY CONDITIONS (Section IV): any time from such physical harm, sickness The unintentional omission of, or uninten- or disease. tlonai error in, any information provided by V. AMENDED INSURED CONTRACT DEFINITION you which we railed 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- l. 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 nonrenewal In actor- 2, Subparagraph f.(1) of the definition of "in- dance with applicable Insurance laws or regu- sured contract" in DEFINITIONS (Soction V) lations. Is deleted. 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 following is added to Paragraph 6. Transfer The definition of "property damage" in acedDEF by Rights of Recovery Against Others to Us of TIONS (Section V) is deleted and replaced by 9 � g 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 CG D3 79 09 07 ®2007 The Travelers Companies,Inc. Page 7 of 8 I COMMERCIAL GENERAL LIABILITY X. The following definition Is added to SECTION V— and "property damage" occurs, and the "personal DEFINITIONS: injury"is caused by an offense committed: "Contract or agreement requiring insurance" a. After you have entered into that contract or means that part of any contract or agreement agreement; under which you are required to include a person b. While that part of the contract or agreement or organization as an additional insured on this Is in effect; and Coverage Part, provided that the "bodily injury" c. Before the end of the policy period. i I i i I� Page 8 of 8 0 2007 The Travelers ccmpante%Inc. CG D3 79 09 07