HomeMy WebLinkAboutPW15-260 - Amendment - #1 - Otak, Inc. - Pacific Highway S Median Planting - 11/13/2015 I
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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: Otak, Inc.
Vendor Number:
JD Edwards Number
Contract Number: FM;-) '2-Lfb
This is assigned by City Clerk's Office
Project Name: Pacific Highway S. Median Planting
Description: ❑ Interlocal Agreement ❑ Change Order M Amendment ❑ Contract
❑ Other:
Contract Effective Date: 11/13/15 Termination Date: 12/31/15
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Mark Howlett Department: Engineering
Contract Amount: $30,000.00
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax i , etc.):
Prepare draft and final construction documents for landscape plantings and irrigation for
the project.
As of: 08/27/14
KENT
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: Otak, Inc.
CONTRACT NAME & PROJECT NUMBER: Pacific Highway S. Median Planting
ORIGINAL AGREEMENT DATE: July 29, 2015
This Amendment is made between the City and the above-referenced Consultant or
Vendor and amends the original Agreement and all prior Amendments. All other provisions of
the original Agreement or prior Amendments not inconsistent with this Amendment shall remain
in full force and effect. For valuable consideration and by mutual consent of the parties,
Consultant or Vendor's work is modified as follows:
1. Section I of the Agreement, entitled "Description of Work," is hereby modified to
add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any
prior Amendments, the Consultant or Vendor shall:
Prepare draft and final construction documents for landscape
plantings and irrigation for the project. For a description, see
the Consultant's Scope of Work which is attached as Exhibit A
and incorporated by this reference.
2. The contract amount and time for performance provisions of Section II "Time of
Completion," and Section III, "Compensation," are modified as follows:
Original Contract Sum, $1.5,500.00
including applicable WSST
i
Net Change by Previous Amendments $0
including applicable WSST
Current Contract Amount $15,500.00
including all previous amendments
Current Amendment Sum $14,500.00
Applicable WSST Tax on this $0
Amendment
Revised Contract Sum $30,000.00
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AMENDMENT - 1 OF 2
Original Time for Completion 12/31/15
(insert date)
Revised Time for Completion under n/a
prior Amendments
(insert date)
Add'I Days Required (t) for this 0 calendar days
Amendment
Revised Time for Completion 12/31/15
(insert date)
The Consultant or Vendor accepts all requirements of this Amendment by signing below,
by its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or
affected by this Amendment, including, without limitation, claims related to contract time,
contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless
otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the
guarantee and warranty provisions of the original Agreement,
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR: CITY OF KENT:
By: I By
n � ` (signature)
(yg
Print Name: 7 TE16, G Print Name: Timothy J. LaPorte P.E.
Its Its Public Works Director
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DATE:_ I,�/ // DATE: + i �13I1�a
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
Kent Law Department
Otak-vac Hwy Medians Amid 1/Howlett
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AMENDMENT - 2 OF 2
EXHIBIT A
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Contract Amendment - Scope of Work
October 21, 2015
Pacific Highway South Median Planting Project
Purpose
The Citsr of Dent is rehabilitating their traffic islands along Pacific>Iighway South.T1us
work will include the excavation of material;installation of suitable soil,irrigation system,
plantings and decorative rock noses.Dent is requesting that Otak review the conceptual
planting plan and prepare a detailed planting plan and irrigation design for the full extent of
the project mhicb non)totals 2.4 miles of median plavthr r. Otak will prepare construction
documents for planting and irrigation including drawings and specifications for packaging
with the City of Dent engineering construction documents.
Contract Amendment - Scope of Work
Task 2.0 Draft and Final Construction Documents
Otak Nvill prepare draft and final construction documents for landscape plantings and
irrigation for the Pacific Ilighway South Median project. Olak will conduct site field moonnaismrrce
to em[nm location of irrigation meten and otbor existing conditions. Otak mill alro reseairh irrigation design
options and presew to GO of Kent staff. The construction documents will include demolition plans,
landscape planting plans and detail drawings,irrigation plans and detail drawings, tempo)-ay
erosion and sedi.hlmt con of plans anrd detail drawings, and draft special provisions to the WS1ll0T
Standard Specifications. Otak will also prepare a draft construction cost estimate to confirm
consistency with construction funds, The draft construction documents will be an
appts><Yimate 90%level of design. The draft construction documents w ll be provided to the
City staff for review and comment. It is assumed this task urill require one (1) in-person
meeting with City staff to review comments.
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Otak will then address City comments on the 90%package and any permitting comments
from the City and prepare final construction documents,The construction documents will
include drawings and final special provisions to the WSDOT Standard Specifications. Otak
will also prepare a final construction cost estimate for landscape project elements, It is
assumed this portion of the task will not require meetings with City staff.
Deliverables; Draft 90% Constriction Docaments(D)-awings and Specifications)
Drrrft90% G'onstiaction C.bstEstimate
Final Constriction Document'(Drawings wid Specif2calion.r)
Final Constrirclion CostNatimate
Task 2.0— Original Hourly Labor Allowance Budget (NTE) $9500
Task 2.0 — Hourly Labor Allowance Increase (NTE) $14,500
Task 2.0 — New Total Hourly Labor Allowance Budget (NTE) $24,000
Total Contract Amendment Request (NTE) $14,500
Total New Contract Amount with Amendment (NTE) $30,000
City of Kent— Paoific Highway South riledian Planting . 1
otak
K:\project\32400\32474\Con¢ict\PactIighwaySweSeopeOAVork A mendmeat102'115.doei
Scope of Work
Continued
Compensation
As compensation for the performance of the services described above, Otak will be
reimbursed by City of Dent on a time and materials basis to a not-to-exceed contract
amount. In house reimbursable expenses for all tasks will be invoiced on a cost plus ten
percent (10%) basis.Any out-of-house direct costs will be invoiced at cost plus ten percent
(10%), An hourly rate schedule for each anticipated labor category has been attached as
reference. Invoices will be sent monthly in a format acceptable to the Client. Otak agrees to
inform the Client if the Scope of Work extends beyond that which is currently contracted
prior to performing the work. Otak will require written approval before completing work in
addition to the esthnated time and materials allowance presented in this proposal.
Schedule
We will work with the City of Kent to establish submittal dates on a task-by,task basis.
Assumptions
This proposal and Otak's agreement to perform said services is based upon the following
assumptions:
1. The Client shall furnish basic information,prepared or obtained by others,which is
pertinent to the services contained in this proposal including design level topographic
mapping of all areas witbin the project scope of work.This data will be provided in an
AutoCad format version 2010 or more current.
2. The Client will prepare and submit all application forms for required permits including
City of Kent construction permits,
3, Any additional streetscape features or amenities identified during Task 1.0 which require
design services provided by Otak will be contracted under a separate approved contract
amendment for final design,
4. 'There will be no public involvement meetings associated with this scope of work.
5. The Client shall provide access and make all provisions necessary to enter public and
private property as required to perform services covered b this proposal,
F ' P' p tS' q P y P' P
6. Teclulical review of engineering elements such as paving,grading, drainage, or structural
elements are not included.
7. The project does not include any permanent lighting design by Otak.
8. No civil, structural, soils, or stormwater engineering services will be provided by Otak.
9. Preparation of as-builts are not part of this scope,but may be added by request.
10. The Client will provide geotcchnicat information and soil sample tests to guide
understanding of existing soil conditions.
City of Ken Pacific IZighvray South Medtan Planting G
2
otak
K:\project\32400\32474\Conti'act\Yaci4ig6mnySouthScopeOL\VorkA mendmeot102115.doc,\
AC R® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/.....T
� R 7/21/2015
l.. S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
.iTIFICATE 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 Ileu of such endorsement(s).
PRODUCER O NEAOr Peggy MacMillan
JD Fulwiler & Co. Insurance, Inc. P NE (503)293-8325 tJOONoh(503)293-5418
5727 SW Macadam Ave q'MA LS ,pmaomillan0 j dfulwiIar,aom
PO BOX 69508 INSURERS AFFORDING COVERAGE NAIO N
Portland OR 97239 INSURER A:Travelers Indemnity Cc of CT 5682
INSURED INSURERR:Travelers IndomnitV Cc of CT 25682
Otak Inc. INSURER 0 Mravelers Xndwmity Cc of Am 25666
808 SW 3rd Ave Ste 300 INSURER D:BeazleV Insurance Company Inc
INSURER E:SAry
Portland OR 97204 INSURER Ft
COVERAGES CERTIFICATENUMBERt14/15 WA Gen USE 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
ppCLAIMS.
INSR rypE OF INSURANCE INIR vivo A S Be OLICY NUMBER fdM/�OlYYVYY MMIOD'YEY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAntAOK To RENTED 300 000
X COMMERCIAL GENERAL I.IABII.ITY PREMISES Ea eccu ants $ r
A CLAIMS-MADE OCCUR 6801497P251 12/9/2014 12/9/2015 MED EXP(Any me person) $ 5,000
X WA Stop Gap PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2 000 000
GEN'LAGOREGATE LIMIT APPLIES PER: PRODUCTS-COMNOP AGG $ 2,0001001)
I POLICY PRO- LOC I OOM $
AUTOMOBILE LIABILITY fEaa re,DSINGLE LIMIT 1 000 000
X' ANY AUTO BODILY INJURY(Par person) $
g X ALLOWNED SCHEDULED A1502P892 12/9/2014 2/9/2015 BODILY INJURY(Per nocldenl) $
X HI)REP AUTOS N
AUTOS�AUTOS
ED PRaOa ERTYDAMAGB Is
Towln $
X UMBRELLA LIA9 X OCCUR EACH OCCURRENCE $ 10,000,000
O BXCE$S LIAe CUIMS.MAOE AGGREGATE 6 10,000,000
DED X RETENTION 10,00 UP508570811247 12/9/2014 12/9/2015 If
E WORKERS COMPENSATION **OREGON** X. WC BTAT,1 OTH- '..
AND EMPLOYERS'LIABILITY 16
ANY PROPRIETORIPARTNEMMOUTIVE� NIA 87431 — OTAX Inc 4/1/2015 4/1/20 E.L.EACH ACCIDENT $ 1 000 000
(Mandatory In
OFFICEiory In NH)ER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ 1 000 000
Dyyes tlesodbe undo` E.L.OISEA8E-POLICYLIMIT 6 1,000,000
PBGGIRIPTION 0 OPERATIONS below
D A&E Prof'1 w/Pollution 10267140601 2/9/2014 12/9/2015 LIfNIPer CIaInVA99 $2m/$4m
(Umbrelle does not apply) peauclroh $200,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Addlllonal Remark,Schedule,if more Spec a is roculred)
RE; Pacific Hwy B Meridian; Excepting Professional Liability and Workers Compensation, the City of Kent
is included as an additional insured with regard to operations of the named insured in accordance with
policy terms, conditions and exclusions per attached form CGD38109071 Separation of insureds per attached '
form C00001;
CERTIFICATE HOLDER CANCELLATION
(253) 856-6500 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
( City of Kent ACCORDANCE WITH THE POLICY PROVISIONS.
220 Fourth Avenue South AUTHORIZED REPRESENTATIVE
Kent, WA 98032
P MacMillan/TMAYOA
ACORD 26(2010106) 01088.2010 ACORD CORPORATION, All rights reserved.
INS0251901m lnl Th.ArTnan namo e.d I nn AVP .f Arnan
Additional Named insureds
Other Named Insureds
HLH Otak Inc„ an Oregon Corporation ,
OTAK Architects Inc, a Washington Corporation
Otak. Architects Inc„ an Oregon Corporation
Otak Engineering, Inc„ anoregon Corporation
Otak International (Caymen Islands)
Otak Nevada, LLC, an Oregon Limited liability Cc
Otak, Inc. 401K Employee savings Plan -
Otak, Inc„ a Colorado Corporation _
Otak, Inc„ an Washington Coxporation
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III
OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC
6
6801497P251
1
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies Insurance provided underthe following,
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following Is added to WHO iS AN INSURED INSURANCE (Section III) for this Coverage
(Section If): Part,
Any person or organization that you agree In a B. The following Is added to Paragraph a. of q.
"contract or agreement requiring Insurance" to In- Other Insurance in COMMERCIAL GENERAL
olude as an additional Insured on thls 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"thatthe insurance
caused, in whole or In par(, by your acts or omis- provided to an additional insured under this Cov-
alone or the acts or omissions of those acting on erago 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
Ilona; such additional Insured which covers such add!-
b. In connection with premises owned by or floral 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 Irsurance". But this Incur-
son or organization has assumed liability in at 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 avallable 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 addl- damage" or "personal Injury" arising out of"your
tlonal 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 those
Insured, or the limits shown in the Doclara- 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(he ance" with such person or organization entered
limits of Insurance stated in the LIMITS OP Into by you before, and in effect when,the "bodily
CG D3 8109 07 02007 The Travelers companies,Inc. Page 1 of 2
Includes the copyrighted material of Insurance Services Office,Inc.,with its permission
I
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-
s. The following definition Is added to DEFINITIONS jury"Is caused by an offense oommlfted:
(Section V): a. After you have entered Into that contract or
"Contract or agreement requiring insurance" agreement;
means that part of any contract or agreement un- b. While that part of the contract or agreement Is
der which you are required to Include a person or In effect; and
organization as an additional Insured on this Cov- c. Before the end of the policy period.
f
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Page 2 of 2 ®2007 The Travelers Companles,Inc. CG D3 8109 07
Includes the copyrighted material of Insurance services Wee,Inc.,with its permission
i
COMMERCIAL GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this polloy restrict coverage, (1) The "bodily Injury" or "property damage"
Read the entire policy carefully to determine rights, is caused by an "ocourronoe" that lakes
duties and what is and Is not covered. place In the"coverage territory'; -
Throughout this policy the words "you" and :'your' (2) The "bodily injury" or "property damage"
refortc the Named Insured shown in the Daclarailons, 000urs during the policy period;and
and any other person or organization qualifying as a (3) Prior to the policy period, no Insured
Named Insured under this policy. The words "we", listed Linder Paragraph 1. of Section II -
"us" and "cur" refer to the company providing this Who Is An Insured and no "employee"
Insurance. authorized by you to give or receive no-
The word "insured"means any person or organization tice of on "occurrence" or clahn, know
qualifying Be such under,Seotlon li - Who Is An that the "bodily injury" or "property dam-
Insured, Ago" had occurred, In whole or In part. If
Other wards and phrases that appear in quotation such a listed Insured or authorized "em-
marks have special meaning. Refer to Seotlon V - ployee" knew, prior to the policy period,
tie0nitlons. that the "bodily Injury" or "property dam-
age" occurred, then any aontlauatlon,
SECTION i-COVERAGES change or resumption of such "bodily In-
COVERAGE A BODILY INJURY AND PROPERTY jury" or"property damage"during or after
DAMAGE LIABILITY the policy period will be deemed to have
1. insuring Agreement been known prlorto the policy period.
a. We will pay those sums that the insured be. s. "Bodily injury" or "property damage" whluh
acmes legally obligated to pay as damages occurs during the policy period and was net,
because of "bodily Injury' or "property dam- prior to the policy period, known to have oc-
i age" to which this insurance applies, We will curred by any insured listed under Paragraph
EE�i have the right and duty to defend the Insured 1. of section 11 .-Who Is An Insured or any
against any "suit" seeking those, damages, "employee" authorized by you to give or re-
a However, we will have no duty to defend the calve notloe of an occurrencs or claim, In-
Insured agninst any "suit" seeking damages eludes any oontlnuMlon, change or resump-
for "bodily injury" or "property damage" to tine of that "bodily injury" or "property
o� which this Inswanco does not apply.We may, damage"atterthe end of the policy period,
at our discretion,investigate any"ocourrenoe" d. "Bodily Injury" or "property damage" will be
and settle any claim or"suit"that may result. deemed to have been known to have oc-
°� But: curred at the earliest time when any Insured
AN (4) The amount we will pay for damages is listed under Paragraph 1. of Section 11-Who
limited as described in Section III-Limits is An Insured or any "employee" authorized
Of Insurance;and by you to giveAlm or resolve notice of an "occur'-
(2) our right and duty to defend ends when
we have used up the appituable limit of (1) Reports a11, or any part, of the."bodily In-
insurance In the payment of judgments or jury" or "property damage" to us or any
settlements under Coverages A or B or ntherinsurer;
medical expenses under Coverage C. (2) Receives a written or verbal demand or
°
No other obligation or Ilahility to pay sums or claim for damages because of the "bodily
perform sets or services is covered unless Injury"or"property damage";or
° explicitly provided for under Supplementary (3) Becomes aware by any other means that
Payments-Coverages A and B. "bodily Injury" or "property damage" has
b. This insurance applies to "bodily injury" and occurred or has begun to occur.
"Property damago" only if:
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COMMERCIAL GENERAL LIABILITY
ate by limits, Under this method, each in- 0. When Wo Do Not Renew
aurors shards based on the ratio of its appil- If we decide not to renew this Coverage Part, we `
cable limit of insurance to the total applicable will mail or deliver to the first Named Insured
boils of Insurance of all Insurers, shown in the Declarations wrltton notice of the
5, Premium Audit nonrenewal not lossthan 30 days before the expi-
a. We will compute all premiums for this Cover ration dato.
age Part In accordance with our rules and If notice Is mailed, proof of mailing will be suffl-
rates. dent proof of notice,
b, Premium shown In this Coverage Part as ad- SECTION V-•DEFINITIONS
vanne premium Is a deposit premium only,At 1, "Adverllsement" means a notice that Is broadcast
the close of each audit period we will corn- or published to the general public or spoolflo mar-
pate the earned premium for that period and kot segments about your goods, products oil set-
send notice to the first Named Insured, The vices for the purpose of attracting customers or
due date for audit and retrospective,prom[- supporters,Forthe purposes of this definition:
urns is the date shown as the due data on the
bill. If the sum of the advance and audit pre- a. Notices that are published include material
miums paid for the policy period Is greater placed on the Internet or on similar electronic
than the earned premium, we wlll return the moans of oommunloatlon;and
excess to the first Named Insured, b. Regarding web-sites, only that part of a web-
c. The flrst Named Insured must keep reocrds of site that Is about your goods, products or sor-
the Infonnatlon we need for premium oompu- vloes for the purposes of attracting customers
tation, and send us oopiea at such times as or supporters Is considered an advertisement.
we may request, 2. "Auto means a land motor vehlaie, trailer or
S. Representatlons sernitrailer designed for travel on public roads, in-
cluding any attached machinery or equipment.
j By accepting this policy,you agree; But"auto"does not include"moblle equipment".
a, The statements in the Declarations are accu= 3. "Bodily Injury" means bodily Injury, sickness or
rate and complete; disease sustained by a person, including death
h, Those statemonts are based upon represen- resulting from any of these at anytime.
tatlons you made to us; and 4, "Coverage territory"means:
c, We have Issued this policy In reliance upon a. The United States of Amorica (Including its
your representations, territories and possessions), Puerto Rioo and
Soparatfan Of Insureds Canada;
Except Will respect to the Limits of Insurance, b, International waters or airspace, but only if
and any rights or duties speoifloally assigned In the Injury or damage occurs In the ocurse of
this Coverage Part to the first Named insured, travel or transportation between any places
this Insurance appiles: Indudad in a,above;or
in. As If ouch Named Insured were the only c. All other parts of the world If the Injury or
Named Insured; and damage arises out of:
b, Separately to each insured against whom (1) Goods or products made or sold by you in
i claim Is made or"suit"is brought, the territory described In a,above;
8, Transfer Of Rights Of Roaovery Against Oth- (2) The activities of a person whose home Is
eta To Us in the territory described in a. above, but
1 If the Insured has rights to recover all or part of is away fora shott time on your business;
any payment we have made under this Coverage or
Part, those rights are transferred to us. The In- (3) "Personal and advertising injury°offenses
sured must de nothing after loss to impair them. that take place through the Internet of
At our request, the Insured will bring "sulf' or similar electronle means of eommunica•
transfer those rights to us and help us enforce lion
them.
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COMMERCIAL GENERAL LIABILITY
provided the Insured's respom9biilty to pay dam- darrago" to a third person or organizotlon,
ages is determined in a"*Olt"on the merits, in the Tort liability means a liability that would be
terr)tary described In a. above or In a seffloment Imposed by law In the absence of any con-
we agree to, tract or agreement.
0, "Employee" Inoludos a "loosed worker", "Em- paragraph f,does not include that part of any
ployee"does not Include a"temporary worker", contract or agreement:
s, "Executive officer"moans a person holding any of (1) That indemnifies a railroad for"bodily in-
the officer positions created by your charter, con- Jury" or"property damage" arising out of
stliution, by-laws or any other similar governing construction or demolition operations,
document, within 50 foot of any railroad property and
7. "Hostile fire" means one which booames uncon- affecting any railroad bridge or trestle,
trOlabie or breaks out from whore it was Intended tracks, road-beds, tunnel, underpass or
to be, crossing;
8, "Impaired property" means tangible property, (2) That lndomn[fres an architect,engineor or
other than "your product" or "your work", that surveyor for injury or damage arising out
oannot be used or is less useful because: of:
a. it incorporates "your product" or "your work" (a) Preparing, approving, or falling to
that is known or thought to be defective, doff- preparo or approve, maps, shop
Gent, Inadequato or dangerous;or drawings, opinions, reports, surveys,
field orders, change orders or draw-
b. You have failed to fulfill the terms of a can. Ings and speai0cations;or
tract oragreamont; (b) Giving directions or Instructions, or
If such property can be restored to use by: falling to give them, if that is the prl-
a. The repair, replacement, adjustment or re- Mary cause of the Injury or damage;
moval of"your product"or"your work'; or or
b. Your fulfilling the terms of the contract or (3) Under which the Insured, if an architect,
agreement. engineer or surveyor, assumes ilability for
"Insured contract"moans: an Injury or damage arising out of the In.
swed's rendering or failure to render pro-
a, A contract for a lease of premises. However, fosslonal services, including those listed
n that portion of the contract for a lease of in (2) above and supervisory, Inspection,
premises that Indemnifies any person or or- architectural or engineering activities.
ganlzation for damage by fire to premises
while rented to you or temporarily ocoupiod 10, "Leased worker moans a person leased to you
by you with permission of the owner Is not an
by a labor leasing firm under an agreement be-
"Insured contract" tween you and the labor leasing firm,to perform
m duties rotated to the conduct of your business.
U. A sidetrack agreement "Leased worker" does not include a "temporary
c. Any easement or license agreement, except worker".
in connection with construction or demolition 11. "Loading or unloading" means the handling of
" operations on or within 50 feet of a railroad; property;
d. An obligation, as required by ordinance,to In. a. After it Is moved from the place where it is
demnify a municipality, except in connection accepted for movement into or onto an ai-
4 with work for a municipality; craft,watercraft or"auto';
a. An elevator maintenance agreement; b. While it Is In or on an aircraft, watercraft or
f. That part of any other contract or agreement °nuta'q or
z pertaining to your business (including an in- o, While it is being moved from an aircraft, we-
domnlfloatlon of a municipality In connection teroraft or"auto"to the place where It is finally
— with work performed for a municipality) under delivered;
which you assume the tort liability of another but "loading or unloading" not include the
pally to pay for "bodily Injury" or "property movement of property by means of a mechanical
r
CG 00 0110 01 0)180 Properties Inc.,2000 page 13 of 10
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BA1502P892
i
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY,
BLANKtT ADDITIONAL. INSURED
This endorsemont•modlfies,tnsurance.providod under,the following:
BUSINESSAUTO•COVERAGE FORM
MOTOR CARRIER`cOVERAaE FORM
TRUCKERS COVERAGE FORM
i
With respoct'.t'o coverage provided by this endorse a:wrftton contract or Agroomont that:Is signed slid
Mont, ;.tile-.prov)sions of the Coverage. Form apply executed byycu.beforethe "hodlly Injury'"or'"property
unless.Modifled hytho ondbrsomont,, damage"-ccours'•and that Is in effect during th'o policy
The followl'ng:'ls addoti'.to the Sea#ton:'II — Liability foorrdemeg s1to whibh-hl8 Insurenceoapplles nrd only
Coverage; Psragr9phiX1. Who ls'AnAhsurod Pro- to the extent that person ar:orgnization qualities as
vlsibh; I
an "Ibsured" under the Who IkAn Insured provision
Any poraon pr orgnlz4tlon ihAt:.you are roquirod:to contained in seotlon.11.
Include.as additionsl'insured.on iho Coverago:Form In
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CA TA 37 08 Olt 92oos Tha Tr4velsrs oampanlaa,Inc, Page 1 of 1
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