The URL can be used to link to this page

Home My WebLink AboutPW15-150 - Original - J. A. Brennan Associates PLLC - SR 516 to 231st Way Levee - 04/22/2015 i ecords M eme� # KEN , 74,10 T � � „ Document W 19XINOTOM �r 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 I Vendor Number: ID Edwards Number Contract Number: V1Jy, " I`SIS This is assigned by City Clerk's Office Project Name: Russell Road South Reach Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: L111 Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Stephen Lincoln Department: Engineering Contract Amount: $19,239.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide project management/contract administration, site reconnaissance, landscape design and construction administration support. I As of: 08/27/14 I KENT 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 Street Suite 200, Seattle, WA, 98104 Phone: (206) 583-0620/Fax: (206) 583-0623, Contact: Drew Coombs (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 project management/contract administration, site reconnaissance, landscape design, and construction administration support. For a description, see the 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 December 31", 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Nineteen Thousand, Two Hundred Thirty Nine Dollars ($19, 239.00), 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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 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. i 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: j 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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, 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 l 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) i 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. 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: / r By, o By `" v (signature) (signature) Print me: 1 A� (.°f��hlf� �t`,� Pripet �Yatre: Suzette Cooke Its Mayor _ (litre) f DATE: DATE: l NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Drew Coombs Timothy J. LaPorte, P.E. J.A. Brennan Associates PLLC City of Kent 100 S. King Street, Suite 200 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 (206) 583-0620 (telephone) (253) 856-5500 (telephone) (206) 583-0623 (facsimile) (253) 856-6500 (facsimile) APPRO ED AS TO FORM- 7t �/ 1\ Kent Law Department CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) [M this field,you may enter the dl d,. is Alepath where the mntraa has been saved] III I I CONSULTANT SERVICES AGREEMENT - 6 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative . response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: � For: Title: Date: EEO COMPLIANCE DOCUMENTS - I CITY OF KENT ADMINISTRATIVE POLICY I NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. it EEO COMPLIANCE DOCUMENTS - 2 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. I By: For: Title. Date: i i EEO COMPLIANCE DOCUMENTS - 3 EXHIBITA 1-a. ren�` `d'ssoc ate8 rL4c Maroh 3,2D15 Landscape Architects&Planners 100 S.King Street,Suite 200,Seattle,WA 98104 t 206.583-0620 f,206.583.0623 Stephen Lincoln,PE,EnglnespE www.jsbtennao.com City of Kent Environmental Engineering I Public Works Department 220 Fourth Avenue South,Kent,WA 98032 Re:Landscape Architectural services for the Russell Road South Reach Levee Dear I&Lincoln, Thank you for the opportunity to present the following proposal to assist City of Kent Public Works (Client)with landscape architectural consultant services for the Upper Russell Road Improvements Project. LA.Brennan Associates,PLLC will provide the landscape architectural investigation,design, construction document preparation,and construction administration for improvements within the Russell Road Right of Way as well as limited riparian restoration adjacent to the Green River. The landscape design will be prepared to 100%design for the purposes of developing a Change order for the already underway construction: Design work will include landscape architectural design of planting beds and irrigation within the street Right of Ways(ROW)and riparian planting along the Green River. The scope and fee for this effort assumes efficiencies in the construction dooumentation phase,as planting areas have been developed and previous work by the CIty for Permits has defined some of the expectation for planting design. Scope of Work Task 1—Project Management!Contract Administration Work will include attending a client review meeting,coordinating project schedule, attending 1 client review meeting,setting up project contract and files,management,and invoicing, Deliverables: None Task 2—Site Reconnaissance Work will include visiting the site to assess existing site conditions,and meeting with Client. Existing site data and City of Kent Land Use Codes will be reviewed for landscape requirements,and an existing conditions base plan will be prepared using an AutoCad survey provided by the Client. Deliverables: None J.A.Brennan Associates,PLLC l I Task 3-Landscape Design(60%and Final Documents Issued as change order) Work in this task includes preparing a planting and irrigation design for construction documents including plans,details,plant list,and written specification for landscape section only(CSI format)to accompany the change order. A cost estimate will also be prepared. Deliverables: Sao Exh MA Task 4-Construction Administration Support Change OrderPreperallon This task inoludes preparing a change order document for client review and coordination with the General Contractor(GC),JAB will respond to the GC questions by issuing clarification(up to two),ifrequired.' Construction Support During construction,we will attend up to 4 construction observation meetings,review submittals,and respond to requests for information"BFI's". We will visit the site,to observe the work,issue field reports after each visit,and prepare a punch list or statement of final acceptance. DeBverables; See Fxh MA i Fee The work described In the Scope of Work above,will be Invoiced monthly at the billable rates on the attached Fee Proposal plus reimbursable expenses. The level of effort for each task,and anticipated reimbursable expenses are Indicated on Exhibit A:Design Fee Proposal. The fee for the Base Scope of Work will be time and materials and will not exceed$18,849.50 plus $390.00 In reimbursable expenses without prior authorization. For a total design fee of$19,739.00 _ Schedule Work will begin upon receipt of an executed contract. Final design is assumed to be complete by April 20,2015. Construction is currently underway,the change order will be issued upon completion and acceptance of the planting design. $cops Assumptions: 1. The Owner will provide sheet set and surveys in AutoCAD 2010 or higher, JAB will work within . the City of Kent CAD standards with coordination and assistance from City 2. City of Kent will be responsible for distribution of all documents. 3. The fee Is based on the number of drawing sheets identified in Exhibit A.Additional drawing shoots will require additional fee. 4. Coordination or design associated with contaminated soils Is not included, 5. J.A.Brennan Associates will not be responsible for working with adjacent landowners. 6. Permit support Is not included;and is assumed to be completed for this project. 7. Allwork is in the ROW. J.A,Brennan Associates,PLLC 2 i 8. Grading and Drainage by others 9. J,A,Brennan will not prepare or distribute team meeting notes. 10. Record drawings are NOT included In the scope fee 11. Sheet setup assumes a fW1 size 22"x34" sheet,Plans maybe distributed In 11"x 17"format. i LA,Brennan Associates,PLLC 3 i i 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0ir 0 0 0 0 0 o 0 0 0 0 - o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w o o : ... ai H. m o m v r ti io vi o In ci ri o tp W m O a W Ol of I� n to C O 01 I� w ti 0 m m mlO a O a an m m m V Mz m @ Q F O O O O O 0 0 0 0 o o 0 0 o 0 0 o 0 0 0 - 0 0 0 o O 0 0 0 0 0 0 0 o a 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0' o 0 0 o O'. F m K ri Q O o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0` 0 0 0 ,-i ,-� o ri m o rvi v .-i vi o rri rci rci o ai i� n r W 111 O1 Ql Sr ,:. o0 M tom M m m N N m ill m m tO W M N N N O N M w m 0 e[ C' m m m � N' ti ti rt ri r-I r-I r-I •-I � a-1', o G r m m m m m d' m: o Q p U Q N O b0 W n t I O O N N O O ) O O O O S � 4 lR m v� r C" a ti L an g SY � vl N` U ✓� V U �Ac .� @ a U� @ m N 01 r n c O+. v �n o N N Ni W O Y m @@ Y Y v V m m a c s .� c v v c c o @ '^ c N c m �,= m o c p E v 01 c E m{ > no o pn,. o c c@ Vrl @ -o E K 6 v L Lri E N O .�J� i C N 1..1 C d U Q O- O i�.' ME o o U K� O 'O 00 m N m, v O _ N q!_ m -6 al N C W '° C ` c m t v @ " Y Q A' NdI li. o L L .0 h w O O U yC @ p U : K O LL - \ UI @ 'O N �i Y R•, O 1 N ✓i @D_ C J d' G G7 y C U E C U N C C NC — C O % N O N G c O C C AI m @ U O N Y N U N L W hq O. pp 3 v, m c71 ,O .450 n w v 2, O @ n G�v .vim « w Yi t N o ,OE; c: « o f6 ,� =, o = m u ,i v a o. o o a c@ v E �: O -o cLi a Yi @ ul c @ no nn @ o o « v v ... m v c m a Y n Y• c o. .°-' oa m'. m' r v > > o m e`O ,L, o Q 'm'. !' v v o o m M)', o L m `—° `° @ O C c 0 w r o m �` -Q N N m a '. m ti N m � V .� N m v In rn � 0 0 W 3 C 0 0 0 0< 0 .00 I tD 1/S'. M a N n n N Q � � . m � a O o o O O r Q z 'E r Q O rl e'I Ol.. N � O H n` U m Oi c-i ti_. O. v v m m i-1 rl a l0.'O. � m A LL i v I u c @ o. m V i @ C w N . L u c d a J � J � C� C @ @ N p y U U o m c m a n o d mac v C O d:. Y a u s m N v o 'u M UJ Q 1 K C a. m W u 6 d v .T. 3 c x u 0 w 3 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional 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. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance i 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. i i- EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant 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. ACORD,, jjyy Client#:328420 JABRENNA A CORf.Jrm CERTIFICATE OF LIABILITY INSURANCE D4101/2ATE IODIYYYY) 4/01/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kibble&Prentice, a USI Co PR PHONE 206 441.6300 FAX 610-362.8530 601 Union Street,Suite 1000 E MAILo,Ext: A/C,No Seattle,WA 98101 ADDRESS: PL.CertRequest@kpcom.com INSURER(S)AFFORDING COVERAGE NAIC# _ _ I INSURER A,Phoenix Insurance Company _ _ 25623 INSURED INSURER B:Travelers Casualty&Surety Co. - 31194 J.A. Brennan Associates, PLLC Travelers Property Cas.Co. of 25674 100 S. King St., Suite 200 INSURER C: P Y Seattle,WA 98104 INSURER D: 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 NAMEDABOVE FORTHE 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 ADOL SUBR POLICY EFF POUCYEXP LTR TYPE OFINSURANCE INSR wvD POLICY NUMBER MMIDD YYY MMIOD/YYYY LIMITS A GENERAL LIABILITY 6806614P276 J 03101/2015 031011201E EACH OCCURRENCE RENCE $2000000 X COMMERCIAL GENERAL LIABILITY P TusAdM ES auL. $110001000 CLAIMS-MADE N OCCUR VIED EXP(Any one person) $10 000 PERSONAL&ADV INJURY $2,000,000 _ GENERAL AGGREGATE $4,000,000 G rL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 _. POLICY X PRO- LOG _ _ _ $ JECT C AUTOMOBILE LIABILITY BA6614P288 03/01/2015 03/01/201 COMBINED SINGLE LIMIT Ea a 1,000,000 ccident X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED qUT IS X AUTOSWNED PROPERTY P rao dent)AMAGE $ $.__ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE -AGGREGATE $ DED RETENTION$ S WORKERS COMPENSATION / WC STATU- OTH- A 6806614P276 / 03/01/2015 03/01/201 X AND EMPLOYERS'LIABILITY V ANY PROPRIETOR/EXCLUDED? YINOFFICE (WA Stop Gap) E.L.EACH ACCIDENT $1 000 000 (Mandatory In NHR EXCLUDED? N/A ',. (Mantlatgry In NH) E.L.DISEASE EMPLOYEE $1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional 105408190 03/01/2015 03/0112016 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(AUach ACORD 101,Additional Remarks Schedule,if mare space Is required) RE: Landscape Architectural Services for the Russell Road South Reach Levee. The General Liability policy Includes an automatic Additional Insured endorsement that provides Additional Insured status to City of Kent Engineering,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 Cityof Kent Engineering SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE neer THE EXPIRATION DATE THEREOF, NOTICE WILL BE ❑ELIVERED IN Attn:Jemini Davis ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S14786581/M14514351 LZGZP This page has been left blank intentionally: i I COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section 111) 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 clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for"bodily in- However, if you specifically agree in a"contract or jury", 'property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- slons 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 requlr- a 'contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the 'contract or agreement requiring insur- less. This endorsement does not Increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF Into by you before, and In effect when,the "bodily CG D3 8109 07 ©2001 The Travelers Companies,Inc. Page 1 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. Page 2 of 2 ©2DO7 The Travelers Companies,Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc.,with Its permission COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following Is added to Paragraph a. of A. "contract or agreement requiring insurance" to In- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for"bodily in- However, If you specifically agree in a"contract or jury", "property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- slons 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: 1 The "bodily injury" or "property dame e" for c, In connection with "your work" and included ( ) y I �'� g 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 Declare- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the"contract or agreement requiring insur- less. This endorsement does not Increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 ©2007 The Travelers Companies,Inc. Page 1 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 i I i Page 2 of 2 ©2007 The Travelers Companies,Inc. CG D3 8109 07 p Includes the copyrighted material of Insurance Services Office, Inc.,with its permission fL iv II l �1 � i xiNi it vril �ll��' f-1'a�."}.a iil - P� �' �l-F I �!••rx '� ilr J'r�*'` �� tit '+��hni „ I Il i`9 pia i ��,fr L��,?, � ,i��ll4j1 nll1�flp�_. 'Fier +1 �Inl ill v aii gu4 4M4 iY j x r TRAVELERS JAll 711 Report Claims Immediately by Calling` 1-800-238-6225 Speak directly with a claim professional 24 hours a day, 365 days a year 'Unless Your Policy Requires Written Notice or Reporting c A Custom Insurance Policy Prepared for: o= e J A BRENNAN ASSOCIATES, PLLC 100 S KING ST STE 200 d SEATTLE WA 98104-2885 P_ n� 9� W� Presented by: KIBBLE & PRENTICE 000082 TRAVELERS J One Tower Square, Hanford, Connecticut 06183 COMMON POLICY DECLARATIONS POLICY NO.: 680-6614P276-TIA-15 OFFICE PAC ISSUE DATE: 12-30-1 4 BUSINESS:ENGINEERS PLAN INSURING COMPANY: THE TRAVELERS INDEMNITY COMPANY OF AMERICA 1. NAMED INSURED AND MAILING ADDRESS: J A BRENNAN ASSOCIATES, PLLC 100 S KING ST STE 200 SEATTLE WA 98104-2885 2. POLICY PERIOD: From 03-01-15 to 03-01 -16 12:01 A,M. Standard Time at your malling address. 3. DESCRIPTION OF PREMISES: ADDRESS PREM. LOC. NO. BLDG. NO. OCCUPANCY (same as Mailing Address unless specified otherwise) 01 01 ENGINEERS PLAN 100 S KING ST STE 200 SEATTLE WA 98104-2885 I 4. COVERAGE PARTS AND SUPPLEMENTS FORMING PART OF THIS POLICY AND INSURING COMPANIES COVERAGE PARTS and SUPPLEMENTS INSURING COMPANY Businessowners Coverage Part TIA q= m- 5. The COMPLETE POLICY consists of this declarations and all other declarations, and the forms and Dndorse- o� ments for which symbol numbers are attached on a separate listing. o� 6. SUPPLEMENTAL POLICIES: Each of the following Is a separate policy containing its complete provisions. POLICY POLICY NUMBER INSURING COMPANY o o� n� ;= DIRECT BILL 7. PREMIUM SUMMARY: e oi= M Provisional Premium $ 1 ,180.00 Due at Inception $ Due at Each $ NAME AND ADDRESS OF AGENT OR BROKER COUNTERSIGNED BY: KIBBLE & PRENTICE CFS10 601 UNION STREET STE 1000 Authorized Representative SEATTLE WA 98101-4064 IL TO 19 02 05 (Pagel of 01 ) DATE: Office: A&E RETAIL DOWN 000688 TRAVELERS J One Tower Square, Hartford, Connecticut 06183 BUSWESSOWNERS COVERAGE PART DECLARATIONS OFFICE PAC POLICYNO.: 680-6614P276-TIA-16 ISSUE DATE: 12-30-14 INSURING COMPANY: III THE TRAVELERS INDEMNITY COMPANY OF AMERICA '.. POLICY PERIOD: From 03-01-15 to 03-Oi-i6 12:01 A.M. Standard Time at your mailing address. FORM OF BUSINESS: CORPORATION '.. COVERAGES AND LIMITS OF INSURANCE : Insurance applies only to an item for which a "limit" or the word "included" is shown. COMMERCIAL GENERAL LIABILITY COVERAGE III OCCURRENCE FORM LIMITS OF INSURANCE '... General Aggregate (except Products-Completed Operations Limit) $ 4,000,000 Products-Completed Operations Aggregate Limit $ 4,000,000 Personal and Advertising Injury Limit $ 2.000,000 Each Occurrence Limit $ 2,000,000 Damage to Premises Rented to You $ 300,000 Medical Payments Limit (any one person) $ 5,000 BUSINESSOWNERS PROPERTY COVERAGE ' DEDUCTIBLE AMOUNT: Businessowners Property Coverage: $ 500 per occurrence. Building Glass: $ 500 per occurrence. BUSINESS INCOME/EXTRA EXPENSE LIMIT: Actual loss for 12 consecutive months gill o� Period of Restoration-Time Period: Immediately ADDITIONAL COVERAGE : Fine Arts: $ 25,000 m� o� Other additional coverages apply and may be changed by an endorsement . Please read the policy. I o SPECIAL PROVISIONS: COMMERCIAL GENERAL LIABILITY COVERAGE IS SUBJECT TO A GENERAL AGGREGATE LIMIT MP TO 0102 OS (Page 1 of 02) NOW BUSINESSOWNERS PROPERTY COVERAGE PREMISES LOCATION NO. : 01 BUILDING NO. : 01 LIMIT OF INFLATION COVERAGE INSURANCE VALUATION COINSURANCE GUARD BUSINESS PERSONAL PROPERTY $ 175,015 RC* N/A 3 .0% *Replacement Cost COVERAGE EXTENSIONS: Accounts Receivable $ 25,000 Valuable Papers $ 25,000 Other coverage extensions apply and may be changed by an, endorsement . Please read the policy. m o o o� oi oC o� ti= n o� m= MP TO 01 02 05 (Page 2 of 02) nooses POLICY NUMBER: 680-6614P276-TIA-1 5 � EFFECTIVE DATE: 03-01-15 ISSUE DATE: 12-30-14 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS il THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL TO 19 02 05 COMMON POLICY DEC MP TO 01 02 05 BUSINESSOWNERS COVERAGE PART DECS IL T8 01 01 01 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS IL T3 16 05 12 COMMON POLICY CONDITIONS - WASHINGTON BUSINESSOWNERS MP T1 30 02 05 TBL OF CUNT-BUSINESSOWNERS COV-DELUXE MP T1 02 02 05 BUSINESSOWNERS PROPERTY COV-SPEC FORM MP T1 05 02 05 AMENDATORY PROVISIONS-OFFICES MP PO 01 09 07 ARCHITECTS,ENGINEERS & SURVEYORS END MP T3 25 01 08 TERRORISM RISK INS ACT OF 2002 NOTICE MP T3 50 11 06 EQUIP BREAKDOWN SERV INTERRUPTION LIM MP T3 56 02 08 AMENDATORY PROVISIONS-GREEN BLD CP 01 60 12 98 WASHINGTON CHANGES - DOMESTIC ABUSE MP T4 31 12 09 WA CHANGES COMMERCIAL GENERAL LIABILITY m CG D3 15 11 03 BLANKET DESIG LOCATION(S) GENL AGGR LMT CG TO 34 11 03 TABLE OF CONTENTS CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY COV FORM CG D2 55 11 03 AMENDMENT OF COVERAGE - POLLUTION e= CG D3 09 11 03 AMEND ENDT-PRODUCTS-COMPLETED OPR HAZARD o� CG ❑3 81 09 07 AODT INSURED ARCHITECT,ENGINEER,SURVEYOR CG D4 71 01 15 AMEND COVERAGE B - PERS & ADV INJURY CG 21 70 01 08 CAP ON LOSSES-CERTIFIED ACTS-TERRORISM GN 01 13 11 03 EMPLOYERS OVERHEAD LIABILITY CG DO 37 04 05 OTHER INSURANCE-ADDITIONAL INSUREDS o— CG D2 03 12 97 AMEND-NON CUMULATION OF EACH OCC CG D3 79 09 07 ARCHITECT,ENGINEER,SURVEYOR XTEND ENDORS CG D4 13 04 08 AMENDMENT OF COVERAGE-COOLING-POLLUTION CG D3 26 10 i1 EXCLUSION - UNSOLICITED COMMUNICATION CG D3 56 05 14 MOBILE EQUIP REDEFINED-EXCL OF VEHICLES CG D3 80 10 ii EXCL-ENGIN ARCHITECT OR SURVEY PROF LIAB o= CG D4 21 07 08 AMEND CONTRAC LIAR EXCL-EXC TO NAMED INS o� CG DG 18 10 11 EXCL-VIOLATION OF CONSUMER FIN PROT LAWS CG D7 46 01 15 EXCL-ACCESS OR DISCL OF CONF/PERS INF❑ CG F7 68 08 13 WA CHGS - AMEND LIO EXCL EX SCHED ACTIV CG DO 76 06 93 EXCLUSION-LEAD CG D1 42 01 99 EXCLUSION-DISCRIMINATION CG F2 45 07 02 EXCLUSION - WAR - WASHINGTON CG T4 78 02 90 EXCLUSION-ASBESTOS CG F2 66 11 03 WA CHANGES EMPLOY RELATED PRACTICES EXCL IL T8 01 01 01 PAGE : 1 OF 2 come POLICY NUMBER: 680-6614P276-TIA-15 EFFECTIVE DATE: 03-01 -15 ISSUE DATE: 12-30-14 COMMERCIAL GENERAL LIABILITY (CONTINUED) CG F4 66 01 08 WASHINGTON CHANGES-WHO IS AN INSURED �' EMPLOYEE BENEFITS LIABILITY ' CG TO 09 09 93 EMPLOYEE BENEFITS LIAR COV PART DEC CG TO 43 11 88 EMPLOYEE BENEFITS LIAB TABLE OF CONTENTS CG T1 01 07 86 EMPLOYEE BENEFITS LIABILITY COV FORM CG T5 30 06 89 AMENDMENT-ESL CG DO 38 03 95 EXCLUSION-IRC VIOLATIONS CG T4 85 11 88 ADDITIONAL EXCLUSION-EEL MULTIPLE SUBLINE ENDORSEMENTS C = COMMERCIAL GENERAL LIABILITY E = EMPLOYEE BENEFITS LIABILITY L - LIQUOR LIABILITY CG T3 33 11 03 LIMIT WHEN TWO OR MORE POLICIES APPLY (C, E, L) INTERLINE ENDORSEMENTS IL T3 82 05 13 EXCL OF LOSS DUE TO VIRUS OR BACTERIA IL T3 79 01 08 CAP$ ON LOSSES FROM CERT ACTS OF TERROR IL 01 23 11 13 WASHINGTON CHANGES - DEFENSE COSTS IL 01 57 07 02 WA CHANGES - ACTUAL CASH VALUE IL 01 73 07 02 WA CHANGES-EXCLUDED CAUSES OF LOSS IL 01 98 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION 11 72 n4 n4 na PArF • 9 OF 7 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE FORM Various provisions In this policy restrict coverage. SECTION I—COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" re- following numerical symbols describe the "autos" that fer to the Named Insured shown in the Declarations, may be covered "autos". The symbols entered next to The words "we", "us" and "our" refer to the company a coverage on the Declarations designate the only providing this insurance. "autos"that are covered"autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 Any"Auto" 2 Owned"Autos" Only those"autos"you own (and for Covered Autos Liability Coverage any Only "trailers"you don't own while attached to power units you own). This includes those"autos"you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger"autos" you own. This includes those private Passenger passenger"autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned Only those"autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any"trailers" you don't own while attached to Than Private power units you own). This includes those"autos" not of the private passenger Passenger type you acquire ownership of after the policy begins. "Autos" Only 6 Owned "Autos" Only those"autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged, 6 Owned "Autos" Only those "autos"you own that because of the law in the state where they are �= Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists o= Motorists Law requirement. o` 7 Specifically Only those"autos"described In Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any"trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired"Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your"employees", partners (if you are a o� partnership), members(if you are a limited liability company) or members of their households. U^ 9 Non-owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes"autos"owned by your"employees", partners(if you are a partnership), members(if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 10 13 ®Insurance Services Office, Inc., 2011 Page 1 of 12 007373 COMMERCIAL AUTO 19 Mobile Equip- Only those "autos"that are land vehicles and that would qualify under the definition ment Subject To of"mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motorvehicle insurance lawwhere they are Financial licensed or principally garaged. Responsibility Or Other Motor Vehicle Insur- ance Law Only B. Owned Autos You Acquire After The Policy SECTION II — COVERED AUTOS LIABILITY COV- Begins ERAGE 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered A. Coverage next to a coverage in Item Two of the Decla- We will pay all sums an "insured" legally must pay rations, then you have coverage for "autos" as damages because of "bodily injury" or "prop- that you acquire of the type described for the erty damage" to which this insurance applies, remainder of the policy period, caused by an "accident" and resulting from the 2. But, if Symbol 7 is entered next to a coverage ownership, maintenance or use of a covered in Item Two of the Declarations, an "auto"you auto", acquire will be a covered "auto" for that cov- We will also pay all sums an "insured" legally erage only if: must pay as a"covered pollution cost or expense" a. We already cover all "autos"that you own to which this insurance applies, caused by an for that coverage or it replaces an "auto" "accident" and resulting from the ownership, previously owned that had that cov- maintenance or use of covered "autos". However, you you and we will only pay for the covered pollution cost or expense" if there is either"bodily injury" or"prop- b, You tell us within 30 days after you ac- erty damage" to which this insurance applies that quire it that you want us to cover it for that is caused by the same "accident". coverage. We have the right and duty to defend any "In- C. Certain Trailers, Mobile Equipment And Tem- sured" against a "suit" asking for such damages porary Substitute Autos or a "covered pollution cost or expense". How- If Covered Autos Liability Coverage is provided by ever, we have no duty to defend any "insured" against a 'suit" seeking damages for "bodily in- this Coverage Form, the following types of vehi- jury" or"property damage" or a "covered pollution cles are also covered "autos" for Covered Autos cost or expense"to which this insurance does not Liability Coverage: apply, We may investigate and settle any claim or 1. "Trailers" with a load capacity of 2,000 "suit" as we consider appropriate, Our duty to de- pounds or less designed primarily for travel fend or settle ends when the Covered Autos Li- on public roads. ability Coverage Limit of Insurance has been ex- 2. "Mobile equipment" while being carried or hausted by payment of judgments or settlements, towed by a covered "auto". 1. Who Is An Insured 3. Any "auto" you do not own while used with The fallowing are "insureds": the permission of its owner as a temporary a. You for any covered "auto". substitute for a covered "auto" you own that is b. Anyone else while using with your per- out of service because of its: mission a covered "auto" you own, hire or a. Breakdown; borrow except: b. Repair; (1) The owner or anyone else from whom you hire or borrow a covered c. Servicing; "auto". d. "Loss"; or This exception does not apply If the e. Destruction. covered "auto" is a "trailer'connected to a covered "auto" you own. Page 2 of 12 ©Insurance Services Office, Inc., 2011 CA 00 01 10 13 I COMMERCIAL AUTO (2) Your"employee" if the covered "auto" pay interest ends when we have paid, is owned by that "employee" or a offered to pay or deposited in court member of his or her household. the part of the judgment that is within (3) Someone using a covered "auto" our Limit of Insurance. while he or she is working in a bust- These payments will not reduce the Limit ness of selling, servicing, repairing, of Insurance. parking or storing "autos" unless that b. Out-of-state Coverage Extensions business is yours. (4) Anyone other than your"employees", While a covered "auto" is away from the partners (If you are a partnership), state where It is licensed, we will: members (if you are a limited liability (1) Increase the Limit of Insurance for company) or a lessee or borrower or Covered Autos Liability Coverage to any of their "employees", while mov- meet the limits specified by a com- ing property to or from a covered pulsory or financial responsibility law "auto". of the jurisdiction where the covered (5) A partner(If you are a partnership) or "auto" is being used. This extension a member (if you are a limited liability does not apply to the limit company) for a covered "auto"owned specified p any law governingg motor limits by him or her or a member of his or carriers of passengers or property. her household. (2) Provide the minimum amounts and c. Anyone liable for the conduct of an "in- types of other coverages, such as no- sured" described above but only to the fault, required of out-of-state vehicles extent of that liability. "a the jurisdiction wheerere the covered "auto" is being used. 2. Coverage Extensions We will not pay anyone more than once a. Supplementary Payments for the same elements of loss because of We will pay for the"insured": these extensions. (1) All expenses we incur. B. Exclusions (2) Up to $2.000 for cost of bail bonds This insurance does not apply to any of the fol- (Including bonds for related traffic law lowing: violations) required because of an 1. Expected Or Intended Injury "accident" we cover. We do not have "Bodily injury" or"property damage" expected to furnish these bonds. or intended from the standpoint of the "in- (3) The cost of bonds to release attach- sured". o= ments in any "suit" against the "in- 2, Contractual sured" we defend, but only for bond amounts within our Limit of Insur- Liability assumed under any contract or once. agreement. m� (4) All reasonable expenses incurred by But this exclusion does not apply to liability the "insured"at our request, including for damages: actual loss of earnings up to $250 a a. Assumed in a contract or agreement that day because of time off from work. is an "insured contract", provided the (5) All court costs taxed against the "in- "bodily injury" or "property damage" oc- sured" in any "suit" against the "in- curs subsequent to the execution of the sured" we defend. However, these contract or agreement; or payments do not Include at- b. That the "insured" would have in the ab- torneys' fees or attorneys' expenses sence of the contract or agreement. taxed against the"Insured". 3. Workers' Compensation (6) All interest on the full amount of any Any obligation for which the "insured" or the judgment that accrues after entry of "insured's" insurer may be held liable under the judgment in any "suit" against the any workers' compensation, disability benefits "insured" we defend, but our duty to CA 00 01 1013 © Insurance Services Office, Inc., 2011 Page 3 of 12 ameva COMMERCIAL AUTO II or unemployment compensation law or any 7. Handling Of Property similar law, "Bodily injury" or "property damage" resulting 4. Employee Indemnification And Employer's from the handling of property: Liability a. Before It is moved from the place where it "Bodily injury"to: Is accepted by the "insured" for move- a. An "employee"of the "insured" arising out ment into or onto the covered"auto"; or of and in the course of: b. After it is moved from the covered "auto" to the place where it is finally delivered by (1) Employment by the "insured"; or the"insured". (2) Performing the duties related to the 6. Movement Of Property By Mechanical De- conduct of the "insured's" business; vice or "Bodily injury" or"property damage" resulting b. The'spouse, child, parent, brother or sis- from the movement of property by a me- ter of that "employee" as a consequence chanical device (other than a hand truck) of Paragraph a. above. unless the device is attached to the covered This exclusion applies: "auto (1) Whether the "insured" may be liable 9. Operations as an employer or in any other ca- "Bodily injury" or "property damage" arising pacity; and out of the operation of: (2) To any obligation to share damages a. Any equipment listed in Paragraphs 6.b. with or repay someone else who and 6.c. of the definition of "mobile must pay damages because of the in- equipment"; or jury. b. Machinery or equipment that is on, at- But this exclusion does not apply to "bodily in- Cached to or part of a land vehicle that jury" to domestic "employees" not entitled to would qualify under the definition of "mo- workers' compensation benefits or to liability bile equipment" if it were not subject to a assumed by the "insured" under an "insured compulsory or financial responsibility law contract". For the purposes of the Coverage or other motor vehicle insurance law Form, a domestic"employee" is a person en- where it is licensed or principally garaged. gaged in household or domestic work per- 10. Completed Operations formed principally in connection with a resi- "Bodily injury" or "property damage" arising dence premises. out of your work after that work has been S. Fellow Employee completed or abandoned. "Bodily injury"to: In this exclusion, your work means: a. Any fellow "employee" of the "insured" a. Work or operations performed by you or arising out of and in the course of the fel- on your behalf; and low "employee's" employment or while b. Materials, parts or equipment furnished in performing duties related to the conduct connection with such work or operations. of your business; or Your work includes warranties or representa- b. The spouse, child, parent, brother or sis- tions made at any time with respect to the fit- ter of that fellow "employee" as a conse- ness, quality, durability or performance of any quence of Paragraph a. above. of the items included in Paragraph a. or b. 6. Care, Custody Or Control above. "Property damage" to or "covered pollution Your work will be deemed completed at the cost or expense" involving property owned or earliest of the following times: transported by the "insured" or in the "in- (1) When all of the work called for in your sured's" care, custody or control. But this ex- contract has been completed; elusion does not apply to liability assumed (2) When all of the work to be done at under a sidetrack agreement. the site has been completed if your I Page 4 of 12 0 insurance Services Office, Inc., 2011 CA 00 01 10 13 COMMERCIAL AUTO contract calls for work at more than (2) The "bodily injury", "property dam- one site; or age" or "covered pollution cost or ex- (3) When that part of the work done at a pense" does not arise out of the op- job site has been put to its intended oration of any equipment listed in use by any person or organization Paragraphs 6.b. and 6.c. of the defi- other than another contractor or sub- nition of"mobile equipment". contractor working on the same pro- Paragraphs b. and c. above of this exclusion ject, do not apply to "accidents" that occur away Work that may need service, maintenance, from premises owned by or rented to an "in- sured' with respect to "pollutants" not in or correction, repair or replacement, but which is upon a covered "auto"if: otherwise complete, will be treated as com- pleted. (a) The "pollutants" 'or any property 11. Pollution in which the "pollutants" are con- tained are upset, overturned or "Bodily injury" or "property damage" arising damaged as a result of the main- out of the actual, alleged or threatened dis- tenance or use of a covered charge, dispersal, seepage, migration, re- "auto"; and lease or escape of"pollutants": (b) The discharge, dispersal, seep- a. That are, or that are contained in any age, migration, release or escape property that is: of the "pollutants" is caused di- (1) Being transported or towed by, han- redly by such upset, overturn or damage. dled or handled for movement into, onto or from the covered"auto"; 12. War (2) Otherwise in the course of transit by "Bodily injury" or "property damage" arising or on behalf of the"insured"; or directly or indirectly out of: (3) Being stored, disposed of, treated or a. War, including undeclared or civil war; processed in or upon the covered b. Warlike action by a military force, includ- "auto"; ing action in hindering or defending b. Before the "pollutants" or any property in against an actual or expected attack, by "pollutants" are contained are any government, sovereign or other au- which the " p thority using military personnel or other moved from the place where they are ac- agents; or cepted by the"insured"for movement into or onto the covered"auto"; or C. Insurrection, rebellion, revolution, usurped power or action taken by gov- c. After the "pollutants" or any property in ernmental authority in hindering or de- which the "pollutants" are contained are fending against any of these. moved from the covered "auto" to the 13. Racing place where they are finally delivered. M_ disposed of or abandoned by the "in- Covered "autos" while used in any proles-cured" sienal or organized racing or demolition con- test or stunting activity, or while practicing for Paragraph a. above does not apply to fuels, such contest or activity. This insurance also lubricants, fluids, exhaust gases or other simi- does not apply while that covered "auto" is ]or "pollutants" that are needed for or result being prepared for such a contest or activity. from the normal electrical, hydraulic or me- chanical functioning of the covered "auto" or C. Limit Of Insurance Its parts if: Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehi- (1) The "pollutants" escape, seep, mi- cles involved in the "accident", the most we will grate or are discharged, dispersed or pay for the total of all damages and "covered pol- released directly from an "auto" part lution cost or expense" combined resulting from designed by its manufacturer to hold, any one "accident" is the Limit Of Insurance for store, receive or dispose of such "pol- Covered Autos Liability Coverage shown in the lutants"; and Declarations. CA 00 01 10 13 0 Insurance Services Office, Inc., 2011 Page 5 of 12 001815 COMMERCIAL AUTO ' I All "bodily injury", "property damage" and "Gov- a. Glass breakage; eyed pollution cost or expense" resulting from b. "Loss" caused by hitting a bird or animal; continuous or repeated exposure to substantially and the same conditions will be considered as result- ing from one "accident". c. "Loss" caused by falling objects or mir No one will be entitled to receive duplicate pay- sites. merits for the same elements of "loss" under this However, you have the option of having glass Coverage Form and any Medical Payments Cov- breakage caused by a covered "auto's" colli- erage endorsement, Uninsured Motorists Cover- sion or overturn considered a "loss" under age endorsement or Underinsured Motorists Collision Coverage. Coverage endorsement attached to this Coverage 4. Coverage Extensions Part. a. Transportation Expenses SECTION III —PHYSICAL DAMAGE COVERAGE We will pay up to $20 per day, to a maxi- A. Coverage mum of $600, for temporary transporta- 1. We will pay for "loss" to a covered "auto" or tion expense incurred by you because of its equipment under: the total theft of a covered "auto" of the a. Comprehensive Coverage private passenger type. We will pay only for those covered autos" for which you From any cause except: carry either Comprehensive or Specified (1) The covered "auto's" collision with Causes Of Lass Coverage. We will pay another object; or for temporary transportation expenses in- curred during the period beginning 48 ( ) hours after the theft and ending, regard- b. Specified Causes Of Loss Coverage less of the policy's expiration, when the Caused by: covered "auto" is returned to use or we pay for its"loss". (1) Fire, lightning or explosion; b. Loss.Of Use Expenses (2) Theft; For Hired Auto Physical Damage, we will (3) Windstorm, hail or earthquake; pay expenses for which an "insured" be- (4) Flood; comes legally responsible to pay for loss (5) Mischief or vandalism; or of use of a vehicle rented or hired without a driver under a written rental contract or (6) The sinking, burning, collision or de- agreement. We will pay for loss of use railment of any conveyance transport- expenses if caused by: ing the covered "auto". (1) Other than collision only if the Decla- c. Collision Coverage rations indicates that Comprehensive Caused by: Coverage is provided for any covered (1) The covered "auto's" collision with "auto"; another object; or (2) Specified Causes Of Loss only if the (2) The covered "auto's" overturn. Declarations indicates that Specified Causes Of Loss Coverage is pro- 2. Towing vided for any covered "auto"; or We will ay up to the limit shown in the Dacia- (3) Collision only if the Declarations indi- rations for towing and labor costs incurred cates that Collision Coverage is pro- each time a covered "auto" of the private vided for any covered "auto", passenger type is disabled. However, the la- However, the most we will pay for any bor must be performed at the place of dis- ablement. expenses for loss of use is $20 per day, to a maximum of$600. 3, Glass Breakage—Hitting A Bird Or Animal B. Exclusions — Falling Objects Or Missiles 1. We will not pay for"loss" caused c or result- If i you carry Comprehensive Coverage for the ing from any of the following, Such damaged covered "auto", we will pay for the h "loss" s following under Comprehensive Coverage: excluded regardless of any other cause or i Page 6 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 i I COMMERCIAL AUTO event that contributes concurrently or in any installed, that reproduces, receives or sequence to the"loss". transmits audio, visual or data signals. a. Nuclear Hazard d. Any accessories used with the electronic (1) The explosion of any weapon em- equipment described in Paragraph c. ploying atomic fission or fusion; or above. (2) Nuclear reaction or radiation, or ra- 5. Exclusions 4.c. and 4.d. do not apply to dioactive contamination, however equipment designed to be operated solely by caused. use of the power from the "auto's" electrical b. War Or Military Action system that, at the time of"loss", Is: (1) War, including undeclared or civil a. Permanently installed in or upon the cov- war; ered auto', (2) Warlike action by a military force, in- b. Removable from a housing unit which is cluding action in hindering or defend- permanently installed in or upon the cov- ing against an actual or expected at- ered "auto"; tack, by any government, sovereign c. An integral part of the same unit housing or other authority using military per- any electronic equipment described in sonnel or other agents; or Paragraphs a. and b. above; or (3) Insurrection, rebellion, revolution, d. Necessary for the normal operation of the usurped power or action taken by covered "auto" or the monitoring of the governmental authority in hindering covered "auto's" operating system. or defending against any of these. G. We will not pay for"loss" to a covered "auto" 2. We will not pay for "loss!' to any covered due to "auto" while used in any professional or or- ganized racing or demolition contest or stunt- C. Limits Of Insurance ing activity, or while practicing for such con- 1. The most we will pay for: test or activity. We will also not pay for"loss" to any covered "auto" while that covered a. "Loss" to any one covered "auto" is the "auto" is beinglesser of: prepared for such a contest or activity. (1) The actual cash value of the dam- 3. We will not pay for"loss" due and confined to: aged or stolen property as of the time of the "loss"; or a. Wear and tear, freezing, mechanical or electrical breakdown. (2) The cost of repairing or replacing the b. Blowouts, punctures or other road dam- damaged or stolen property with '= age to tires. other property of like kind and quality. This exclusion does not apply to such "loss" b. All electronic equipment that reproduces, resulting from the total theft of a covered receives ortransmits audio, visual or data ^= "auto". signals in any one "loss" is $1,000, if, at the time of "loss", such electronic equip- = 4. We will not pay for loss to any of the follow- ment Is: w= ing: a. Tapes, records, discs or other similar au- (1) Permanently Installed in or upon the o covered "auto" in a housing, opening dio, visual or data electronic devices de- or other location that is not normally signed for use with audio, visual or data electronic equipment. used by the "auto" manufacturer for �= b. Any device designed or used to detect the Installation of such equipment; speed-measuring equipment, such as ra- (2) Removable from a permanently in- dar or laser detectors, and any jamming stalled housing unit as described in = apparatus intended to elude or disrupt Paragraph b.(1) above; or speed-measuring equipment. (3) An integral part of such equipment as c. Any electronic equipment, without regard described In Paragraphs b.(1) and to whether this equipment is permanently b.(2) above. CA 00 01 10 13 © Insurance Services Office, Inc_,2011 Page 7 of 12 001876 i COMMERCIAL AUTO 2. An adjustment for depreciation and physical b. Additionally, you and any other involved condition will be made in determining actual "insured" must: cash value in the event of a total "loss". (1) Assume no obligation, make no pay- 3. If a repair or replacement results in better ment or incur no expense without our than like kind or quality, we will not pay forthe consent, except at the "insured's" amount of the betterment. own cost. D. Deductible (2) Immediately send us copies of any For each covered "auto", our obligation to pay for, request, demand, order, notice, repair, return or replace damaged or stolen prop- summons or legal paper received erty will be reduced by the applicable deductible concerning the claim or"suit". shown in the Declarations, Any Comprehensive (3) Cooperate with us in the investigation Coverage deductible shown in the Declarations or settlement of the claim or defense does not apply to "loss" caused by fire or light- against the "suit". ning. SECTION IV—BUSINESS AUTO CONDITIONS (4) Authorize us to obtain medical re- The fallowing conditions apply in addition to the cords or other pertinent information. Common Policy Conditions: (5) Submit to examination, at our ex- pense, by physicians of our choice, as often as we reasonably require. 1. Appraisal For Physical Damage Loss c. If there is "loss" to a covered "auto" or its If you and we disagree on the amount of equipment, you must also do the follow- "loss", either may demand an appraisal of the ing: "loss". In this event, each party will select a competent appraiser. The two appraisers will (1) Promptly notify the police if the cov- select a competent and impartial umpire. The ered "auto" or any of its equipment is appraisers will state separately the actual stolen. cash value and amount of"loss". If they fail to (2) Take all reasonable steps to protect agree, they will submit their differences to the the covered "auto" from further dam- umpire. A decision agreed to by any two will age. Also keep a record of your ex- be binding. Each party will: penses for consideration In the set- a. Pay its chosen appraiser; and tlement of the claim. b. Bear the other expenses of the appraisal (3) Permit us to inspect the covered and umpire equally. "auto" and records proving the "loss" If we submit to an appraisal, we will still retain before its repair or disposition. our right to deny the claim. (4) Agree to examinations under oath at 2. Duties In The Event Of Accident, Claim, our request and give us a signed Suit Or Loss statement of your answers, We have no duty to provide coverage under 3. Legal Action Against Us this policy unless there has been full compli- No one may bring a legal action against us ance with the following duties: under this Coverage Form until: a. In the event of "accident", claim, "suit" or a. There has been full compliance with all "loss", you must give us or our authorized the terms of this Coverage Form; and representative prompt notice of the "acci- dent" or"loss". Include: b. Under Covered Autos Liability Coverage, (1) How, when and where the "accident" we agree in writing that the "insured" has an obligation to pay or until the amount of or"loss" occurred; that obligation has finally been deter- (2) The "insured's" name and address; mined by judgment after trial. No one has and the right under this policy to bring us into (3) To the extent possible, the names an action to determine the "insured's" lk and addresses of any injured persons ability. and witnesses. Page 8 of 12 0 Insurance Services Office, Inc., 2011 CA 00 0110 13 i i COMMERCIAL AUTO 4. Loss Payment — Physical Damage Cover- son or organization holding, storing or trans- ages porting property for a fee regardless of any At our option, we may: other provision of this Coverage Form- a. Pay for, repair or replace damaged or sto- 5. Other Insurance len property; a. For any covered "auto" you own, this b. Return the stolen property, at our ex- Coverage Form provides primary insur- pense. We will pay for any damage that ance. For any covered "auto" you don't results to the "auto"from the theft; or own, the insurance provided by this Cov- c, Take all or any part of the damaged or erage Form Is excess over any other col- lectible insurance. However, while a cov- .stolen property at an agreed or appraised ered "auto" which is a "trailer" is con- value. nected to another vehicle, the Covered If we pay for the "loss", our payment will in- Autos Liability Coverage this Coverage clude the applicable sales tax for the dam- Form provides for the"trailer" is; aged or stolen property. (1) Excess while it is connected to a me- S. Transfer Of Rights of Recovery Against tar vehicle you do not own; or Others To Us (2) Primary while it is connected to a If any person or organization to or for whom covered"auto" you own. we make payment under this Coverage Form b. For Hired Auto Physical Damage Cover- has rights to recover damages from another, age, any covered "auto" you lease, hire, those rights are transferred to us. That person rent or borrow is deemed to be a covered or organization must do everything necessary "auto" you own. However, any "auto"that to secure our rights and must do nothing after is leased, hired, rented or borrowed with "accident"or"loss"to impair them. a driver is not a covered "auto". B. General Conditions c. Regardless of the provisions of Para- 1. Bankruptcy graph a. above, this Coverage Form's Bankruptcy or insolvency of the "insured" or Covered Autos Liability Coverage is pri- the "InsuredV' estate will not relieve us of any mary for any liability assumed under an obligations under this Coverage Form. "insured contract". Z. Concealment, Misrepresentation Or Fraud d. When this Coverage Form and any other Coverage Form or policy covers on the This Coverage Form is void in any case of same basis, either excess or primary, we fraud by you at any time as it relates to this will pay only our share. Our share is the Coverage Form. It is also void if you or any proportion that the Limit of Insurance of other "insured", at any time, intentionally con- our Coverage Form bears to the total of ceals or misrepresents a material fact con- the limits of all the Coverage Forms and cerning: policies covering on the same basis. a. This Coverage Form; 6. Premium Audit b. The covered"auto"; a. The estimated premium for this Coverage r c. Your interest in the covered"auto"; or Form is baged on the exposures you told d. A claim under this Coverage Form, us you would have when this policy be- m 3. Liberalization gan. We will compute the final premium due when we determine your actual ex. If we revise this Coverage Form to provide posures. The estimated total premium will more coverage without additional premium be credited against the final premium due charge, your policy will automatically provide and the first Named Insured will be billed the additional coverage as of the day the re- for the balance, if any_ The due date for vision is effective in your state. the final premium or retrospective pre- -_ 4. No Benefit To Bailee — Physical Damage mium is the date shown as the due date Coverages on the bill. If the estimated total premium exceeds the final premium due, the first We will not recognize any assignment or Named Insured will get a refund. grant any coverage for the benefit of any per- CA 00 01 10 13 ®Insurance Services Office, Inc., 2011 Page 9 of 12 Dolan COMMERCIAL AUTO b. If this policy is Issued for more than one 1. A land motor vehicle, "trailer" or semitrailer year,the premium for this Coverage Form designed for travel on public roads; or will be computed annually based on our 2. Any other land vehicle that is subject to a rates or premiums in effect at the begin- compulsory or financial responsibility law or Wing of each year of the policy. other motor vehicle insurance law where it is 7. Policy Period, Coverage Territory licensed or principally garaged, Under this Coverage Form, we cover "acci- However, "auto" does not include "mobile equip- dents" and "losses"occurring: ment". a. During the policy period shown in the C. "Bodily injury" means bodily injury, sickness or Declarations; and disease sustained by a person, including death b. Within the coverage territory. resulting from any of these. The coverage territory is: D. "Covered pollution cost or expense" means any cost or expense arising out of: (1) The United States of America; 1, Any request, demand, order or statutory or (2) The territories and possessions of the regulatory requirement that any "Insured" or United States of America; others test for, monitor, clean up, remove, (3) Puerto Rico; contain, treat, detoxify or neutralize, or in any (4) Canada; and way respond to, or assess the effects of, "pok- (5) Anywhere in the world if a covered lutants"; or "auto" of the private passenger type 2. Any claim or "suit" by or on behalf of a gov- Is leased, hired, rented or borrowed ernmental authority for damages because of without a driver for a period of 30 testing for, monitoring, cleaning up, removing, days or less, containing, treating, detoxifying or neutraliz- rovided that the insureds responsibility ing, or in any way responding to, or assessing p " ' " onsibilit p y to the effects of, pollutants". pay damages is determined in a "suit" on the merits, in the United States of America, the "Covered pollution oast or expense" does not In- territories and possessions of the United elude any cost or expense arising out of the ac- tual, alleged or threatened discharge, dispersal, in a settlement we agree to. seepage, migration, release or escape of"pollut- ants": We also cover"loss" to, or"accidents" Involv- ing, a covered "auto" while being transported property that is: between any of these places. 8. Two Or More Coverage Forms Or Policies (1) Being transported or towed by, han- Issued By Us dled or handled for movement into, If this Coverage Form and any other Cover- onto or from the covered"auto'; age Form or policy issued to you by us or any (2) Otherwise in the course of transit by company affiliated with us applies to the or on behalf of the "insured"; or same "accident", the aggregate maximum (3) Being stored, disposed of, treated or Limit of Insurance under all the Coverage processed in or upon the covered Forms or policies shall not exceed the highest "auto'; applicable Limit of Insurance under any one b. Before the "pollutants" or any property In Coverage Form or policy. This condition does which the "pollutants" are contained are not apply to any Coverage Form or policy is- moved from the place where they are ac- sued by us or an affiliated company specifi- cepted by the"insured"for movement into tally to apply as excess insurance over this or onto the covered "auto"; or Coverage Form. SECTION V— DEFINITIONS c. After the "pollutants" or any property in which the "pollutants" are contained are A. "Accident" includes continuous or repeated expo- moved from the covered "auto" to the sure to the same conditions resulting in "bodily in- place where they are finally delivered, jury" or"property damage". disposed of or abandoned by the "in- B. "Auto" means: sured". i Page 10 of 12 © Insurance Services Office, Inc., 2011 CA 00 01 10 13 i I COMMERCIAL AUTO Paragraph a. above does not apply to fuels, 4. An obligation, as required by ordinance, to in- lubricants, fluids, exhaust gases or other simi- demnify a municipality, except in connection lar "pollutants" that are needed for or result with work for a municipality; from the normal electrical, hydraulic or me- 5. That part of any other contract or agreement chanical functioning of the covered "auto" or pertaining to your business (including an t- its parts, if: demnification of a municipality in connection (1) The "pollutants" escape, seep, mi- with work performed for a municipality) under grate or are discharged, dispersed or which you assume the tort liability of another released directly from an "auto" part to pay for"bodily injury" or"property damage" designed by its manufacturer to hold, to a third party or organization. Tort liability store, receive or dispose of such "poi- means a liability that would be imposed by lutants"; and law in the absence of any contract or agree- (2) The "bodily injury", "property dam- ment: or age" or "covered pollution cost or ex- 6. That part of any contract or agreement en- pense" does not arise out of the op- tered into, as part of your business, pertaining eration of any equipment listed in to the rental or lease, by you or any of your Paragraph 6.1b. or 6.c. of the defini- "employees", of any "auto". However, such tion of"mobile equipment". contract or agreement shall not be considered Paragraphs b. and c. above do not apply to an "insured contract" to the extent that it obli- "accidents" that occur away from premises gates you or any of your "employees" to pay owned by or rented to an "insured" with re- for"property damage" to any "auto" rented or spect to pollutants" not in or upon a covered leased by you or any of your"employees". "auto"if: An "Insured contract" does not include that part of (a) The "pollutants" or any property any contract or agreement: in which the "pollutants" are con- a. That indemnifies a railroad for "bodily in- tained are upset, overturned or jury" or "property damage" arising out of damaged as a result of the main- construction or demolition operations, tenance or use of a covered within 50 feet of any railroad property and "auto"; and affecting any railroad bridge or trestle, (b) The discharge, dispersal, seep- tracks, roadbeds, tunnel, underpass or age, migration, release or escape crossing; of the "pollutants" is caused di- D. That pertains to the loan, lease or rental rectly by such upset, overturn or of an "auto" to you or any of your "em- damage. ployees", if the "auto" is loaned, leased or E. "Diminution in value" means the actual or per- rented with a driver; or ceived loss in market value or resale value which c. That holds a person or organization en- results from a direct and accidental "loss". gaged in the business of transporting F. "Employee" includes a "leased worker". "Em- property by "auto" for hire harmless for ployee"does not include a 'temporary worker". your use of a covered "auto" over a route m-= or territory that person or organization is G. "Insured" means any person or organization quoit- authorized to serve by public authority. Eying as an insured in the Who Is An Insured pro- - vision of the applicable coverage. Except with re- spectworker"to the Limit of Insurance, the coverage af- by a labor leasing firm under an agreement be- forded applies separately to each insured who is tweed you and the labor leasing firm to perform seeking coverage or against whom a claim or duties related to the conduct of your business. "suit" is brought. "Leased worker does not include a "temporary H. "Insured contract" means: worker . 1. A lease of premises; J. "Loss" means direct and accidental loss or dam- -` age. 2. A sidetrack agreement; K. "Mobile equipment" means any of the following 3. Any easement or license agreement, except types of land vehicles, including any attached in connection with construction or demolition machinery or equipment: operations on or within 50 feet of a railroad; CA 00 01 10 13 ® Insurance Services Office, Inc., 2011 Page 11 of 12 DOI S78 COMMERCIAL AUTO 1. Bulldozers, farm machinery, forklifts and other c. Air compressors, pumps and generators, vehicles designed for use principally off public including spraying, welding, building roads; cleaning, geophysical exploration, lighting 2. Vehicles maintained for use solely on or next or well-servicing equipment. to premises you own or rent; However, "mobile equipment" does not include 3. Vehicles that travel on crawler treads; land vehicles that are subject to a compulsory or 4 self-propelled or not, main- financial responsibility law or other motor vehicle . Vehicles, whether self- p p insurance law where it is licensed or principally tained primarily to provide mobility to perma- garaged. Land vehicles subject to a compulsory rrently mounted: or financial responsibility law or other motor vehi- a. Power cranes, shovels, loaders, diggers cle insurance law are considered "autos". or drills; or L. "Pollutants" means any solid, liquid, gaseous or b. Road construction or resurfacing equip- thermal irritant or contaminant, including smoke, ment such as graders, scrapers or rollers; vapor, soot, fumes, acids, alkalis, chemicals and 5. Vehicles not described in Paragraph 1., 2., 3. waste, Waste includes materials to be recycled, or 4. above that are not self-propelled and are reconditioned or reclaimed. maintained primarily to provide mobility to M. "Property damage" means damage to or loss of permanently attached equipment of the fol- use of tangible property. lowing types: N. "Suit"means a civil proceeding in which: a. Air compressors, pumps and generators, 1. Damages because of "bodily injury" or"prop- including spraying, welding, building erty damage'; or cleaning, geophysical exploration, lighting and well-servicing equipment; or 2. A"covered pollution cost or expense'; b. Cherry pickers and similar devices used to which this insurance applies, are alleged, to raise or lower workers; or "Suit" includes: B. Vehicles not described in Paragraph 1., 2., 3. a. An arbitration proceeding in which such or 4. above maintained primarily for purposes damages or "covered pollution costs or other than the transportation of persons or expenses" are claimed and to which the cargo, However, self-propelled vehicles with "insured" must submit or does submit with the following types of permanently attached our consent; or equipment are not"mobile equipment" but will be considered "autos": p• Any other alternative dispute resolution proceeding in which such damages or a. Equipment designed primarily for: "covered pollution costs or expenses" are (1) Snow removal; claimed and to which the insured submits (2) Road maintenance, but not construc- with our consent. tion or resurfacing; or O. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- (3) Street cleaning; ployee" on leave or to meet seasonal or short- b. Cherry pickers and similar devices term workload conditions. mounted on automobile or truck chassis P. "Trailer"includes semitrailer. and used to raise or lower workers; and i Page 12 of 12 0 Insurance Services Office, Inc., 2011 CA 00 0110 13 TRAVELERS One Tower Square, Hartford,Connecticut 06183 TRAVELERS CORP. TEL: 1-800-328-2189 ENGINEERS PLAN COMMON POLICY DECLARATIONS ISSUE DATE: 01/14/15', POLICY NUMBER: EA-6614P288-15-OAP INSURING COMPANY: THE TRAVELERS INDEMNITY COMPANY 1. NAMED INSURED AND MAILING ADDRESS: J ABRENNAN ASSOCIATES, PLLC 100 SKING ST STE 200 SEATTLE, WA 98104 2. POLICY PERIOD: From 03/01/15 to 03/01/16 12:01 A.M. Standard Time at your mailing address. 3. LOCATIONS - Premises Bldg. Loc. No. No. Occupancy Address 4. COVERAGE PARTS FORMING PART OF THIS POLICY AND INSURING COMPANIES: COMMERCIAL AUTOMOBILE COV PART DECLARATIONS CA TO 0102 07 IND 5. NUMBERS OF FORMS AND ENDORSEMENTSI! FORMING A PART OF THIS (POLICY: SEE IL T801 10 93 6. SUPPLEMENTAL POLICIES: Each of the following is a separate policy containing its complete provisions: Policy Policy No. insuring Company DIRECT BILL !! 7. PREMIUM SUMNARY: Provisional Premium $ 11858 Due at inception $ Due at Each $ NAME AND ADDRESS OF AGENT OR BROKER: COUNTERSIGNED BY: KIBBLE & PRENTICE (CFS10) 601 UNION STREET STE 1000 SEATTLE, WA 981014064 Authorized Representative DATE: IL TO 02 11 89(REV. 09-07) PAGE 1 OF 1 OFFICE: A&E RETAIL TRAVELERS POLICY NUMBER: BA-6614P28B-15-GRP EFFECTIVE DATE: 03-01-15 ISSUE DATE: 01-14-15 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL ITO 02 11 B9 COMMON POLICY DECLARATIONS IL T8 01 10 93 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS IL TO 05 06 10 COMMON POLICY CONDITIONS-WASHINGTON COMMERCIAL AUTOMOBILE. ICI CA TO 01 02 15 BUSINESS AUTO COV..PART ITEMS 1, 2 II CA TO 02 02 15 BA COVERAGE PART DECS (ITEM 3) CA TO 03 02 15 BA COVERAGE PART DEC$ (ITEMS 4 & .5) - CA TO 30 02 15 BA/AD/MC COV PART SCH-ITEM 2-.UM & UIM CA TO 31 02 15 TABLE OF CONTENTS-BUSINESS AUTO COV FORM CA 00 01 10 13 BUSINESS AUTO POLICY CA T4 20 02 15 AUTO COVERAGE PLUS ENDORSEMENT CA T4 59 02 15 AMENDMENT OF EMPLOYEE DEFINITION CA T4 61 11 10 BROAD FORM NAMED INSURED . CA0135 10 13 WASHINGTON CHANGES CA 21 3410 13 WAUNDERINSURED MOTORISTS COVERAGE CA 99 03 10 13 AUTO MEDICAL PAYMENTS COVERAGE CA 99 23 10 13 RENTAL REIMBURSEMENT COVERAGE'. . CA T3 68 01 04 HIRED CAR-WORLDWIDE COV TERRITORY- CA T3 69 01 04 ADD'LCOND-UNINTENTIONAL ERRORS/OMISS INTERLINE ENDORSEMENTS IL 01 23 11 13 WASHINGTON CHANGES - DEFENSE COSTS IL 01 98 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION IL T8 01 10 93 PAGE: 1 OF 1 i 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 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 PROPERTY 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—COVERED AUTOS 2. The following replaces Paragraph b. in B.S., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUST- - 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 cov- executed by you before the "bodily injury" or ered "autos" you own: "property damage" occurs and that is in effect during the policy period, to be named as an addi- (1) Any covered "auto" you lease, hire, tional insured is an "insured" for Covered Autos rent or borrow, and Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in �= person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section 11. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, a� Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto", 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 an "em- An Insured, of SECTION If —COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 m 2015 The Travelers Indemnity Company.All fights reserved. Page 1 of 3 Includes copyrighted malarial of Insurance services Office,Inc.with its permission. 001979 REQUEST FOR MAYOR'S SIGNATURE � T Print on Cherry-Colored Paper v Routing Information(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAWoDEPART Ap/rroved Director Originator:Stephen UnQoln Phone (Originator):(253> z Date Sent:o4tr615 Date Required: Return Signed Document to:Jemini Davis Contract Termination Date:' 2/31/15 VENDOR NAME; Date Finance Notified: t� 4-zZ /" (Only required on contracts iJ ✓r- � (,e iD 000 and over or on any Grant DATE OF COUNCIL APPROVAL Date Risk Manager Notified: (Required on Non-City Standard Contra cts/A reements Has this Document been;Specifically Account Number: Authorized in the Budget?Iq YES'® NO Brief Explanation of Document: The attached agreement is for J.A. Brennan Associates, PLLCto provide project' management/contract administration, site reconnaissance, landscape design, and construction administration support. All Contracts Mast Be Routed Through The Law Department z`('r-�n?s-afea (o b�elct160,1dtdd by the Law5.artme t) Received: � � f Approval of Law Dept.:Law Dept. Comments: , 0/1J� e .i s Date Forwarded to Mayor; Shaded Areas To Be Completed By Administration taf€ fill Received? Recommendations and Comrnents: j ,DI bsitlon: ,,cr ,/ +5- Date Returned: ;? p�ennF msmocumwn r�esme .yuesc r.ay« goanre_o..