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PW15-182 - Original - The Eastman Company - Briscoe Desimone Levee Reach 4 Project - Appraisal Services
ds , , M Recor em K NT Document WAS[iENGTQN _ 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: The Eastman Company Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Briscoe Levee Reach 4 'Description: ElInterlocal Agreement ❑ Change Order El Amendment 0 Contract i 171 Other: Termination Date: 12/31/15 JI i Date. 5 Contract Effective /12/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Casteel Department: Engineering Contract Amount: 2,800.00 pp A roval Authority: (CIRCLE ONE) Department Director Mayor City Council . Detail: (i.e. address, location, parcel number, tax°id, etc.`): Provide appraisal services for the property. located at 19823 58 Place in Kent, WA - also known as the Briscoe-Desimone Levee Reach 4 Project. i As of: 08/27/14 J KENT WAS.HI.NGTON PROFESSIONAL SERVICES AGREEMENT between the City of Kent and The Eastman Company THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The Eastman Company organized under the laws of the State of Washington, located and doing business at 6206 35t"'Ave NE, Seattle, WA 98115, Phone: (206) 363-6611, Contact: Donald Melton (hereinafter the "Contractor"). I. DESCRIPTION OF WORK.' Contractor shall perform the following services for the City: The Contractor shall provide appraisal services for the property located at 19823 58t" Place in Kent, WA also known as the Briscoe-Desimone Levee Reach 4 Project. For a description, see the Contractor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Contractor 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. IL 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, and Contractor shall complete the work by August 30, 2015. III. COMPENSATION. The City shall; pay Contractor a total amount not to exceed', Two Thousand !Eight Hundred Dollars ($2,800.00) for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the' preceding month. The hourly rates 'charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, Land in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor 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 Contractor maintains and pays for its own place of business from. which Contractor's services under this Agreement will be performed. 9 C. The Contractor has an established and independent business that is eligible for,a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under thisAgreement. D. The Contractor 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. PROFESSIONAL SERVICES AGREEMENT 1 (Under,$10,000) I E. The Contractor has registered its business and, established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has 'obtained a Unified Business Identifier. (UBI) number from the State of Washington. F. The Contractor 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 seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring ,of employees for the performance of work under this Agreement or any subcontract. the Contractor, its subcontractors, or any person` acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment:,Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City 'Administrative Policy 1.2, and upon completion of the contract work. file the attached Compliance Statement. VII. INDEMNIFICATION. Contractor 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 th'e Contractor'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 Contractor's work when completed shall not be grounds to avoid a'ny of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this,Agree`ment. In the event Contractor 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 Contractor's part, then Contractor 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 Contractor's part. VIII. INSURANCE. The Contractor 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. XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become`applicable to Contractor's business, equipment, and personnel engaged in operations covered by this.Agreement,or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor 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: PROFESSIONAL SERVICES AGREEMENT 2 (Under$10,000) a 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 attorneys fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided b , law; provided, however nothing p Y , p gin 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. 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 Contractor. 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 officerior other representative of the City,,and such statements shall not be effective .or be construed as entering into or forming r apart of or altering, in any manner" this Agreement. 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. i H. Ci B ty usi''ness License Required. Prior to commencing he tasks described in Section I Contractor' a ree's 'to provide roof of i g p p a current city, of Kent business license pursuant to Chapter 5.01 of the;Kent City Code. I. Counter `arts. This Agreement may be executed in an number: of co n 9 Y Y u terNarts, each of which shall constitute an original, and all of which wily together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective;on the last date entered below. CONTRACTOR:, CITY OF:KENT: By: By �sig ature) (signature) Print Name: 'fz� � `; Print Name: Mark Howlett: P.E. v g Its: � � Its: Design En sneering; Manager (title) DATE f. DATE: 2 I Li NOTICES TO BE SENT TO: NOTICES TO BE SENT TO CONTRACTOR: CITY OF KENT: PROFESSIONAL SERVICES AGREEMENT - 3 (Under$10,000) Donald Melton Timothy 3. LaPorte,` P.E. The Eastman Company City of Kent 6206 35t" Ave'NE 220 Fourth Avenue South Seattle, WA 98115 Kent, WA 98032 (206) 363-6611 (telephone) (253).856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) PROFESSIONAL SERVICES AGREEMENT 4 (Under$10,000) ti 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 abpve. By signing below, I agree to fulfill the five requirements referenced above. Dated this , day of 20 Y: For. L'�-t c C wj Title: Date: EEO COMPLIANCE'DOCUMENTS 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment,opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any ;given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or, supplier who willfully , disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations' are familiar with the regulations' and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state'and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS 2 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. Dated this day of , 20 By: For: Title: Date EEO COMPLIANCE DOCUMENTS - 3 EXHIBITA The Eastman Colmpanv. Real EstateAppraisers/Analysts/Consultants Phone(206)363-6611 6206--36Avenue NE don@wavalue.com Seattle,WA 98115 April 23,2015 Ms.Kelly Casteel,P.E. Design.Engineering Supervisor Design Engineering/Public Works Department City or Kent 220 Fourth Avenue South Kent,VGA 98032 Ise: Appraisal Bid for the property located at 19823 58"'Place, Kent,WA. Also known as the PW20I3-159-Bris6loe-Desimone Peach 4 Project,AP I 7888800210. Dear lVrs. Casteel Thank you for the opportunity to bid on the above--referenced assignment. We are interested in providing appraisal services for,the above referenced property. It is my understanding that you require both a USPAP and WSDOT compliant "Before/After" format appraisal report. Our pp this assignment will not exceed Two Thousand Eight Hundred Dollars,($2,so0). appraisal fee far The specific completion date depends on when the assignment is actually awarded,and when all necessary information is provided to us (title report, maps, and owner contact information). Based on our current work load we can have the assignment'completed in between 21 1 and 24 days, after receiving written notification to proceed.' If you have any questions about this,bid, please do nothesitate to call me at 206-856-9242. Sincerely, Donald K.Melton The Eastman Company 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 Liabil ty insurance covering all owned, non-owned, hired and eased vehicles. Coverage shall be written on Insurance Services Office'(ISO) form CA 00 01 or a substitute form providing - equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on IS4 occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed p ame p I injury and advertising injury, and liability. assued under ansured contract.: The City shall be named as an m n er ant's onsultan insured,under the C Commercial General Liability insurance,policy with respect to the work performed for the City using ISO addi,tiona) insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation-coverage as required by the Industrial Insurance laws of t he State of Washington. 4. Professional Liability insurance a'ppro'priate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits; 1.' Automobile Liability insurance with aminimum combined single limit for bodily injury and property damage of $1000,000 per accident. , 2. Commercial General Liability insurance shall be written with limits 000 each occurrence $2 000 000' no less than $1,000, general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self--insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant`s insurance and shall not contribute with it. Z. 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 ,ofthe insurer's liability. D. Acce'ptability of Insurers Insurance is tote placed with insurers with a,current A.M. Best rating of not less than A=UII.' 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 additions[ insured endorsement, evidencing the insurance.requirements of the Contractor,before commencement of the work, F. Subcontractors Consultant shall Include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requ[rements as stated herein for the Consultant. DATE(MM/DDNYYY) 1 CERTIFICATE OF LIABILITY INSURANCE 6/20/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY-OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 'BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN`THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Shari Lofquist NAME: C Don Filer Agency PHONE (206)545-4800 (FA C No:(206)545-4849 ! 4201 Roosevelt Way NE ADDRIL E :slofquist@filerinsurance.com INSURERS AFFORDING'COVERAGE NAIC#' Seattle_ WA 98105-6608 INSURERA':Travelers Cas Ins of America 19046 INSURED, INSURER B: G2MZ LLC DBA THE EASTMAN COMPANY INSURER C: 6206 35th Ave NE INSURERD:= i INSURER E Seattle WA 98115 INSURER F: ' COVERAGES CERTIFICATE NUMBER:Travelers Master GL 13-14 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED:BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR'THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT',WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED'.BY:PAID,CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM DDNYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO;RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 300,000 6/19/2014 6/19/2015 $ 5,000 I A CLAIMS-MADE X OCCUR X 680 (Any one person) PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG $ 4,000,000 X1 POLICY PRO- F-] JFCT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 11000,0100 ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED X 680-7E721300-14-42 6/19/2014' 6/19/2015 BOD AUTOS AUTOS ILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per'accitlent $ UMBRELLA LIAB EA RREN E i OCCU R CH'OCCURRENCE C �� $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED' RETENTION$ ApEiX107Q�(�K X WC STATU- OTH- EMPLOYERS'(LIABILITY)ANYY PROPRIETOR/PARTNER/EXECUTIVTORY LIMITS ER_ E YIN N`/A EMPLOYERS LIABILITY E.L.EACH ID ACCENT $: 11000,000 OFFICER/MEMBER EXCLUDED? 6B0-7E721300-14-42 6/19/2014' 6/19/2015 7 (Mandatory in NH) E.L.DISEASE-EA EM PLbYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT $, 000 '000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is hereby named additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN C y of Kent, Dept. of ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Attn: Nancy YOshitake AUTHORIZED REPRESENTATIVE 220 4th Ave S ,Kent, WA 98032.-3994 Shari Lofquist/SHARI , ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS02,5,(2o1005).01 The ACORD name and loco are reaistered marks of ACORD 4 ACORLY® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/31i2014 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 3 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate"holder is an ADDITIONAL INSURED,the policy(ies)'must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of:the policy,certaln,Pol.cles may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Shari LOfqui.st C Don Filer Agency PHONE (206)5'45-4800 FAX No:(206)545-4849 4201 ROOS2V21t EMAIL way NE ADDRE ;SlOfCjill 3t@f7.12r].riSLlra=lCe.COrii I INSURERS AFFORDING COVERAGE NAIC# Seattle WA 98105-6608 INSURERA:Continental Casualty Company 'INSURED INSURER B: 1 G2MZ LLC, DBA: The Eastman` Company INSURERC 6206 35th Ave NE INSURERD:' INSURER E Seattle WA 98115 INSURER F COVERAGES CERTIFICATE NUMBER:Professional 2015 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE'FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS I LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ F DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES'Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ 4 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO-JFCT LOC $ I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per'person) $ I(({ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ f AUTOS AUTOS NON-OWNED PROPERTY'DAMAGE $ " HIRED AUTOS AUTOS Per accident I $ I UMBRELLA LIAB OCCUR \ EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ $ WORKERS:COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) OYE' E.L DISEASE-EA EMPL $ { If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional- Liability 1/1/2015 1/1/2016 8-13324i088-15 $1,000,000/$1,000,000 $5,000 deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE r THE EXPIRATION DATE THEREOF, NOTICE WILL ,BE 'DELIVERED IN City Of Kent; Dept. of -ACCORDANCE WITH THE POLICY PROVISIONS. Engineering AUTHORIZED'REPRESENTATIVE j Attn: Nancy Yoshitake 2 2 0' 4 th Ave S ; Kent, WA 98032-3994 �cth - Shari Lofquist/SHARI ACORD 25,(2010J05) 01988-2010 ACORD CORPORATION. All rights reserved. "INS025(201005).01 The ACORD name and loqo are registered marks of ACORD i i l 1 TRAVELERS One Tower Square, Hartford,Connecticut 06183 a COMMON POLICY DECLARATIONS POLICY NO.:` 680-7E721300-14-42 OFFICE PAC ISSUE DATE: 06/19/2014 BUSINESS:REAL ESTATE APP INSURING COMPANY: TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA 1. NAMED INSURED AND MAILING ADDRESS: a2MZ LLC DSA THE EASTMAN ;COMPANY 6206 35TH AVE N$' SEATTLE WA 98115 2. POLICY PERIOD: From 06/19/2014 to 06/192015 12:01 A,M. Standard Time at your mailing address. 3. DESCRIPTION OF PREMISES: ADDRESS PREM.LOC.NO. BLDG, NO. OCCUPANCY (same as Mailing'Address unless specified otherwise) 001 001 REAL ESTATE APP 6206 35TH AVE NE SEATTLE WA 98115 J I 4. COVERAGE PARTS AND SUPPLEMENTS FORMING PART OF THIS POLICY AND INSURING COMPANIES COVERAGE PARTS and SUPPLEMENTS INSURING COMPANY Businessowners Coverage Part AC%7! i i I 1 ! S. The COMPLETE POLICY consists of this declarations and all other declarations,and the forms and endorse ments for which symbol numbers are attached on a separate listing. 6. SUPPLEMENTAL POLICIES: Each of the following is a separate policy containing Its complete provisions. ' POLICY POLICY NUMBER INSURING COMPANY i f r _ , f DIRECT BILL 7. PREMIUM SUMMARY: Provisional Premium $ 650.00 Due at Inception $ l - Due at Each $ NAME AND ADDRESS OF AGENT OR BROKER COUNTERSIGNED BY: FILBR\C DON\AGCY INC' P4287 4201 ROOSEVELT WAY NB Authorized Representative SEATTLE WA 98105 IL T019 02 05 (Page 1 of O1) DATE: 06/19/2014 Office: SEATTLE WA DOWN AM Ilk i Aft k TRAVELERS J One Tower Square, Hartford,Connecticut 06183 I BUSINESSOWNERS COVERAGE PART DECLARATIONS I OFFICE PAC POLICY NO.: 580-7E721300-14-42 ISSUE DATE: 06/19/2014 INSURING COMPANY: TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA POLICY PERIOD: From 06-19-14 to 06-19715 12:01 A.M.`Standard Time at your mailing address FORM OF BUSINESS: LIMITED LIAB CORP COVERAGES AND LIMITS OF INSURANCE: Insurance applies 'only' to an item for which` a "limit" or the word "included" is shown. COMORCIAL GENERAL LIABILITY COVERAGE OCCURRENCE FORM LIMITS OF INSURANCE General Aggregate (except Products-Completed Operations Limit) $ 4,000,000 Products-completed Operations Aggregate Limit $ 4,O00,000 Personal and Advertising Injury Limit $ 2,400,000 Each Occurrence''Limit $ 2000,000 Damage to Premises Rented to You $ 30 Or;000 Medical' Payments Limit (any one person) $ 5,000 BUSINESSOWNERS PROPERTY COVERAGE DEDUCTIBLE;AMOUNT: Businessowners Property Coverages $ 250 per occurrence. Building Glass: $ 250 per occurrence. BUSINESS INCOMR/EXTRA EXPENSE LIMIT Actual lose for 12 consecutive months Period 'of Restoration-Time Period: Immediately ADDITIONAL COVERAGE Fine Arts: $ 25,000 Other additional coverages apply and may be changed by an endorsement. Please 1 read the policy, l s SPECIAL PROVISIONS: COMMERCIAL GENERAL LIABILITY COVERAGE IS SUBJECT TO A GENERAL AGGREGATE LIMIT MP TO 0102 OS (Page 1 of 2) i; f BUSINESSOWNERS PROPERTY COVERAGE PREMISES LOCATION NO.: 001 BUILDING NO. 001 LIMIT OF INFLATION COVERAGE INSURANCE VALUATION COINSURANCE GUARD BUSINESS PERSONAL PROPERTY $ 8000 RC* N/A 0.0E *Replacement Cost COVERAGE EXTENSIONS: Accounts Receivable $ 25,000 Valuable Papers $ 251,000 Other coverage extensions apply and may be changed by an endorsement. Please read the `policy. i MP TO 0102 05 (Page 2 of 2); } POLICY NUMBER: 680-7E721300-14-42 EFFECTIVE DATE: 06/19/2014 ISSUE DATE: 06/19/2014 I LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS IL TO 19 02 05 COMMON POLICY DECLARATIONS MP TO 01 '02 '05 BUSINBSSOWNERS COVERAGE PART DECLARATIONS IL T8; 01 '01 01 FORMS ENDORSEMENTS AND SCHEDULE NUMBERS IL T3 16 ,05 12 COMMON POLICY CONDITIONS' - WASHINGTON BUSINESSOWNERS' MP T1i30 `02.OS, TABLE OF CONTENTS - BUSINESSOWNERS COVERAGE PART DELUXE PLAN MP T1 02 :02 05 BUSINESSOWNERS PROPERTY COVERAGE SPECIAL FORM MP TI' 05 02 05 AMENDATORY PROVISIONS - OFFICER MP T3 06 02 07 SEWER OR DRAIN BACK UP EXTENSION MP T3' 25 ;01 08 TERRORISM RISK INSURANCE ACT OF 2002 DISCLOSURE MP T3! 50 11 ,06 EQUIPMENT BREAKDOWN .- SERVICE INTERRUPTION LIMITATION MP T3: 56 02 08 AMENDATORY PROVISIONS - GREEN BUILDING AND BUSINESS PERSONAL PROP COV ENHANCEMENTS MP T9170 03 06 POWER PAC ENDORSEMENT CP 0160 12 98 WASHINGTON CHANGES DOMESTIC ABUSE MP T4 31 12 09 WASHINGTON CHANGES COMMERCIAL;GENERAL' LIABILITY Ca TO134 11 03 TABLE OF CONTENTS - 'COMMERCIAL GENERAL LIABILITY COVERAGE FORM CO 00 01 10 01 Cal 00O1 10 01 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Ca 2170 01 08 CAP ONLOSSES FROM CERTIFIED ACTS OF TERRORISM CG 24 04 '10 93 WAIVER OF TRANSFER OF RIGHTS :OF RECOVERY AGAINST OTHERS TO .US CG D2 55 11 03 AMENDMENT OF COVERAGE POLLUTION CG D3 09 '12 03 AMENDATORY ENDR PRODUCTS-COMPLETED OPERATIONS HAZARD CG D4!71 02 09 AMENDMENT OF COVERAGE B PERSONAL AND ADVERTISING' INJURY.`LIABILITY GN 0113 11 03 EMPLOYERS OVERHEAD LIABILITY CG DO 37 04 05 OTHER INSURANCE - 'ADDITIONAL INSUREDS Ca D1.,86 11 03 XTEND ENDORSEMENT CGID2 O3 12 97 AMEND - NON CUMULATION OF EACH OCC Ca T4 91 11 88 ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION Ca 64 !,13 '04 08 AMEND COVG POLLUTION-EQUIP EXCEPTION 'AMP 11 25 11 03 HIRED AUTO AND NON-OWNED AUTO LIABILITY CalDZ°56 11 03 AMENDMENT OF COVERAGE - PROPERTY DAMAGE di D2 72 11 03 EXCLUSION - INSPECTION, APPRAISAL AND SURVEY COMPANIES' CG D3 26 10 11 EXCLUSION - UNSOLICITED'COMMUNICATION IL T8 01'01 01 PAGE: 1 OF x i { f CG,D 1 86 1103 Page l of 5 t CG D1 86 1103 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT { This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions' may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights,duties, and what is and is not covered. A. Broadened Named Insured I. Injury to Co-Employees B. Damage To Premises Rented To You Extension' J. Aircraft Chartered with Crew Perils of fire, explosion, Lightning, smoke, water K. Non,-Owned Watercraft—Increased Limit increased to$300,000 from 25 feet to 50 feet C. Blanket Waiver of Subrogation L. Increased Supplementary Payments D. Blanket Additional Insured-Managers or, • Cost for bail bonds'increased to$2,500 Lessors of Premises • Loss of earnings increased to$500 per day E. Blanket Additional insured-Lessor'of M. Knowledge and Notice of Occurrence Leased Equipment or Offense p F. Incidental Medical Malpractice N. Unintentional Omission G. Personal Injury Assumed by Contract 0. Reasonable Force—Bodily Injury or H. Extension of Coverage—Bodily Injury` Property Damage PROVISIONS A. BROADENED NAMED INSURED I.1 dJ, he Named Insured in Item 1.'of the Declarations is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority interest on the effective date of the pq ic'y�lli,However, coverage for any such organization will cease, as of the date, during the policy period, that you no longer maintain ownership of, or majority interest in, such organization. 2 WHO IS AN INSURED(Section II)'Item 4 a. is deleted and replaced by the following: - a. Coverage under this provision is afforded only until the,180th day after you acquire or','form the organization or the end of the policy period,whichever is earlier, unless reported in writing toll us within 180;days. 3 This Provision A. does not apply to any person or organization for which coverage is excluded by endorsement: B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1: The lastparagraph of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section —Coverages)'is deleted and replaced by the following: Exclusionins c.,through n.do not apply to damage to premises while rented to you, or temporarily occupied by you'vuith;permission of the owner, caused-by: a. Fire,! b, Explosion; c. Lightning; d. Smoke resulting from such fire, explosion,or lightning;or i http:Heforms.travelers.com/nxt/gateway.dll/fssforms l/general%201iability/cgd 18'61103.ht. . 10/22/2012 I CG DI 86 1103 Page 2 of 5 t e. ' Water. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE (Section III). 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner,caused by: a. Rupture, bursting, or operation of pressure relief devices; - b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Part 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under COVERAGEA. for damages because of"property damage" to any one premises while rented to you, or .,, temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke resulting from'such fire, explosion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same"occurrence", whether such damage results from fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning, or water, or any combination of any of these. The Damage'To Premises Rented To You Limit will be the higher of a. $300,000 or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Under DEFINITIONS (Section V), Paragraph a of the definition of"insured contract" is amended so that it does not include that portion'of the contract';for a lease of premises that indemnifies any person or organization for damage to premises while rented to you,or temporarily occupied by you with permission of the owner, caused by: a. Fire- b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water.l. 5. This Provision'B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY' INJURY AND PROPERTY DAMAGE LIABILITY (Section I.- Coverages) is excluded by endorsement: C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury,or damage arising'out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or"your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. D. BLANKET ADDITIONAL INSURED—.MANAGERS OR LESSORS OF PREMISES WHO IS AN'INSURED (Section II) is amended to include as an insured any person or organization (referred to below as additional insured") with whom you have agreed in a written contract,executed prior to loss, to name asi,an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the,following provisions: 1. Limits I of.Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the limits shown on the Declarations,whichever is less. 2. The insurancI;oafforded to the additional insured does not apply to: a. Any,"occurrence".that takes place after you cease to be a tenant in that premises; . b. Any prernis'es for which coverage is excluded by endorsement; or I http:Heforms.travelers.com/nxt/gateway dll/fssformsl/general%201iability/cgdl861103.ht.., 10/22/2012 Y CG D 1 86 1103 Page 3 of 5 c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3 The insurance afforded to the additional insured is excess over any.valid and_collectible Insurance available to such additional insured, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. E. BLANKET ADDITIONAL INSURED—LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to include as an insured any person or,organization (referred to below as"additional insured")with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to their liability arising out of the maintenance,operation or use by you of equipment leased,to you by such additional insured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the limits shown on the Declarations,whichever is less. 2. The insurance afforded to the additional insured does not applyto: a. Any"occurrence"that takes place after the equipment lease expires; or b. "Bodily injury"or"property';damage"arising out of the sole negligence of such additional insured. 3. The insurance afforded to the additional insured is excess over any valid and collectible insurance available to such additional insured, unless you have agreed in a'written contract for this insurance to apply on a primary'or contributory'basis. F. INCIDENTAL MEDICAL MALPRACTICE 1. The definition of "bodily injury" in DEFINITIONS (Section V) is amended to include "Incidental Medical Malpractice Injury 2 The following definition is added to DEFINITIONS (Section V): "Incidentalmedicalrhalpractice injury"means bodily.injury, mental anguish, sickness or disease,sustained by a person, including death'res0It;ing from any of'these at any time, arising out of the rendering of, or failure to render,the following services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or'instruction, or the related furnishing of food or beverages; b. The�furnishingor di spensing of drugs or medical, dental, or surgical supplies or applian ces; or l c. Firs aid. d. "Good Samaritan services". As used. in this Provision F., "Good Samaritan services" are those medieal services rendered or provided in an emergency and for which no remuneration is demanded or received.' 3.' Paragraph 24.(1)(d) of WHO IS AN INSURED (Section II) does not apply to any registered nurse, licensed'practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph Z. above and while acting within the scope of their p Y Y Y y p y g be acting em to ment b ou. An "employees"ees rendering Good Samaritan services will be deemed to within the scope of their employment by you. 4. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A: —BODILY INJURY AND, PROPERTY DAMAGE LIABILITY(Section I-Coverages): (This insurance does not apply to:) Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the.insured. 5. For the'purposes of determining the applicable limits of insurance, any act or omission, together with all l related acts or omissions in the furnishing of the services described in paragraph 2. above to any one person ,,,will be cons ! i idered one"occurrence". 'A 6. This Provision''F. does not apply if you are in the business or occupation of providing any of the services described')j. . paragraph 2. above. 7. The insur Ince�1provi,ded by this Provision F. shall be excess over any other valid'and collectible insurance N available b-the insured,whether primary, excess, contingent or on any other basis, except for insurance ed is eciica f purchase �p� '�lly by you to be excess of this policy. http//eforms.travelers.corn/nxt/gateway.dll/fssforms l/general%201iability/cgd1861103.ht.. 10/22/2012 t CG DI 86 1103 Page 4 of 5 G. PERSONAL INJURY ASSUMED BY CONTRACT 1. The Contractual Liability Exclusion in Part 2., Exclusions of; COVERAGE B. PERSONAL AND i ADVERTISINGINJURY LIABILITY(Section 1—Coverages) is'deleted and replaced by the following: (This insurance does not apply to:)' Contractual Liability "Advertising injury"for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract of agreement. 2. Subparagraph f.of thedefinition of"insured contract"(DEFINITIONS—Section V) is deleted and replaced by the following: f. That part of any other contractor agreement pertaining to your business (including an indemnification of a municipality in connection with work performed fora municipality) under which you assume the tort liability of another party to pay.for"bodily injury, "property damage" or."personal injury"to a.third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 3. This Provision G. does not apply if COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is excluded by endorsement. H. EXTENSION OF COVERAGE-BODILY INJURY The definition of"bodily-injury"(DEFINITIONS—Section V) is deleted and replaced by the following: "Bodily injury" means bodily injury, mental anguish,mental injury, shock, fright, disability, humiliation,sickness or disease sustained!by,a person, including death resulting from any of these at any I. INJURY TO CO-EMPLOYEES i 1. It is agreed that your "employees"are insureds with respect to "bodily injury".to a co="employee" in;the course of the co='employee's"employment by you, provided that this coverage for your."employees"does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. Subparagraphs 2.a.(1)(a), (b) and`(c) and 3.a. of WHO IS AN INSURED (Section II) do not apply to "bodily injury"for,which insurance is provided,by paragraph 1. above. J. AIRCRAFTCHARTERED WITH CREW 1. The following is added to the exceptions contained in the Aircraft,Auto Or Watercraft Exclusion in Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages): {This exclusion does not apply to:)Aircraft chartered with crew to any insured. 2. This Provision J.,does not apply if the chartered aircraft is owned by any insured. 3. The insurance'provided by this Provision J. shall be excess over any other valid and collectible insurance available to the ,insured, whether primary, excess, contingent or on any'other basis, except for insurance purchased specifically by you to be excess of this policy. K. NON-OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of the Aircraft, Auto Or Watercraft Exclusion in Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is deleted and replaced'by the following: (2) A watercraft,you do not own that is: a" Fift O Y fe et Ion ;9 or less; and (b).'Not being used to carry persons or property'for a charge; 2. This Provision K applies to any person who, with your expressed or implied consent, either uses or is respohtible for the use of a watercraft. 3. The insurance rovided b this Provision K. shall be excess over any other valid and'collectible insurance ,p Y _ Y available to the insured, whether primary, excess, contingent or on any other basis, except for insurance , 1 http:Heforms.travelers.com/nxt/gateway.dll/fssforms l/general%201iability-/cgdl 861103.ht... 10/22/2012 CG DI 86 1103 Page 5 of 5' a i purchased specifically by you to be excess of this policy. L. INCREASED SUPPLEMENTARY PAYMENTS Parts b. and d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section I Coverages) are amended as follows: 1. In Part bi the amount we will pay for the cost of bail bonds is increased to<$2500. 2. In Part d.the amount we will pay for loss of earnings is increased to$500 a day. M. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section 1V), paragraph 2. (Duties In The Event of Occurrence, Offense, Claim or Suit): Notice of an "occurrence"or of an offense which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to any insured listed under Paragraph 1. of Section 11-Who is An Insured or an "employee" (such as an insurance, loss, control or risk manager or administrator)designated by you to give such notice.: Knowledge by other"employee(s)" of an "occurrence" or of an offense does not imply that you also have such knowledge. 2. Notice shall be deemed prompt if given in good faith as soon as pract cable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed ;under Paragraph 1. of Section 11 -Who Is An Insured or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the"occurrence", offense or claim may involve this policy. 3: However this Provision M. does not apply as res ects the specific number of da sl`within which you.are _ _ , pp p p .. Y Y Y _ required to notify us in writing of the abrupt commencement of a discharge, release or escape of "pollutants"which causes"bodily injury"or"property damage which may otherwise be covered under this policy. N. UNINTENTIONAL OMISSION The following 1 is added to COMMERCIAL GENERAL LIABILITY>CONDITIONS (Section IV), paragraph 6. (Representations), unintentional`omission of, or unintentional error in an information provided b you shall not re'udice The uninten Y p Y Y p 1 your rights under this'insurance. However, this Provision N. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance`with applicable state;insurance I laws, codes'''regulations. J O. REASONABLE FORCE—BODILY INJURY OR PROPERTY DAMAGE The rY uJ Expected Or Intended In' Exclusion in Part 2. Exclusions of COVERAGE A. BODILY INJURY AND p PROPERTY!DAMAGE LIABILITY(Section l-Coverages) is deleted and replaced by the following: (This insurance dose not apply to:) Expected or Intended Injury or Damage "Bodily injury" or, "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. CG D1 8611 03 Privacy I Legal Notices 02008 The Travelers Companies,Inc. http://eforms.travelers.com/nxt/gateway.dll/fssformsl/general%201iability/cgdl 861103.ht... 10/22/2012