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HomeMy WebLinkAboutPW16-225 - Original - Ott-Sakai and Associates, LLC - Contract - 05/27/2016 n."a lz� I I I U Rud-% cor s Ma I KENT U.k Document yy ,may{- .. 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: Ott-Sakai and Associates, LLC Vendor Number: 7D Edwards Number Contract Number: ?WI"- This is assigned by City Clerk's Office Project Name: S. 228`' St. UPRR Grade Separation Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 5/27/16 Termination Date: 1.2/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Susanne Smith Department: Engineering Contract Amount: $9,945.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: ( .e. address, location, parcel number, tax id, etc.): Participate in a Value Engineering Study and provide 60% constructability review services for the project. _.. ._ _m..... - _...._ -- w.w _........ w.... ...... .... ........... ........ . ,.,...._ ....,___..._.. wG„tyy..„ � � IMOf T�M'u4 A�i Y14 b4nfNfHI1SS3'N��kN(Ii IW& JMbWY U 1`,! it C„7Y OF i [pp i`g���. Rwn�1,Y l.G.�',8"iia A5��: a�/z�/�� • KENT W.5N 010. CONSULTANT SERVICES AGREEMENT between the City of Kent and Ott-Sakai and Associates, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Ott-Sakai and Associates, LLC organized under the laws of the State of Washington, located and doing business at 129 E. Lake Sammamish Shorelane NE, Sammamish, WA 98074, Phone: (425) 890-3533, Contact: William Ott (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 participate in a Value Engineering Study and provide 60% constructability review services for the S. 228th Street UPRR Grade Separation project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Nine Thousand, Nine Hundred Forty Eight Dollars ($9,948.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, 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 CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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; lrovided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) i K. Counterparts and Signatures by Fax or Email. 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, Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties bellow execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY KENT: By: v 9(51 n )"(9ignature) Na ,Zre Print me: /;1-17 Print Name: Timothy 3, LaPorte, P.E. Its; Its: Public Works Director ititle) DATE: 5 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: William Ott Timothy J. LaPorte, P.E. Ott-Sakai and Associates, LLC City of Kent 129 E. Lake Sammamish Shoreland': NE 220 Fourth Avenue South Sammamish, WA 98074 Kent, WA 98032 (425) 890-3533 (telephone) (253) 856-5500 (telephone) _(253 856-6500 (facsimile) Ott-Sakai-228"UP Grade Sep VE/SmAh CONSULTANT SERVICES AGREEMENT - 5 ($20,0,00 or Less) 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: (�7'i--,S:5z ka-a 3S40C, L C Title: �/':17c"PQ I Date: ✓—I? "20/te5 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A OTT--SAKAI AND ASSOCIATES., LLC 129 E. Lake Sammamish Shorelane NE Sammamish WA 98074 425-890-3533 bill@ott-sakai.com April 29,2016 City of Kent Public Works Department 400 West Gowe Street Kent, WA 98032 Attention: Susanne Provencio Smith,Design Engineer II 2213 Subject: So.20th Street over UPRR Grade Separation Proposal for 30% Constructibility Review Susanne, I propose the following activities to be addressed in a 60% Constructability Review exercise by Ott-Sakai and Associates. Our Billing Rate is $204/hr. 4 hrs City meeting & site visit 32 hrs VE Study(review project & 3day VE Study) 11 hrs Constructability 47 hrs @ $204/hr (Sr. Constr. Specialist) _ $9588 3 hrs @ $120/hr(Bookkeeper/Pa olloll) _ $360 TOTAL $9948 Our hourly-billing rate is all inclusive of direct salary, overhead, and fee and are the lowest hourly rates I charge to my preferred clients for this type and size of work. Thank You, r William P. Ott f� f EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and propprty damage of $1,000,000 per accident. 5 -9-Zo/(, �`l,d60, Doi 2. Commercial General Liability insurance shall be written with limits no less than each occurrence, $2,000,000 general aggregate a d a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3, Professional Liability insurance shall be written with limits no less than $2yea@=,@ft per claim an $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies, The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Client#: 1045900 WILLIOTT2 GATE(MMIDDlYYYY) ACORD.. CERTIFICATE OF LIABILITY INSURANCE 1 5/1012016 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 NAME: Kibbie&Prentice,a USI Co PR PHONE 206 441-6300 Alt No; 610-362-8530 A1C No Ext 601 Union Street, Suite 1000 aooREss: PL.CertRequest@usi.biz Seattle,WA 98101 INSURER S)AFFORDING COVERAGE NAIC p INSURER A:Travelers Indemnity Co.of Amer 25666 INSURED INSURERS;Navigators Insurance Company 42307 Ott-Sakai&Associates INSURER C 14915 88th Place NE INSURER D Kenmore,WA 98028 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TRR TYPE OF INSURANCE NSRADDL WVD POLICY NUMBER MMfLDDY EFF MWDDY EXP LIMBS A X COMMERCIAL GENERAL LIABILITY 680OD943278 4105/2016 04/05/2017 EACH OCCURRENCE $1 OOO O00 CLAIMS-MADE �OCCUR PREMISES EaEoeeu ante $1 000 000 MED EXP(Any one person) $10 000 PERSONAL&ADV INJURY $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 PRO LOC PRODUCTS-COMPIOP AGG s2,000,000 POLICY a OTHER: $ A AUTOMOBILE LIABILITY 680OD943278 4/05/2016 04/05/201 Ee aacl Cent SINGLE LIMIT 1,000,000 ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PPReOaPERT DAMAGE $ AUTOS $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION 68GOD943278 4/05/2016 04/05/201 X STATUTE PER OTH- AND EMPLOYERS'LIABILITY g- ANY PROPRIETOR/PARTNER/EXECUTIVE YIN (WA Stop Gap) E.L.EACH ACCIDENT $1 00O 000 OFFICER/MEMBER EXCLUDED? � N 1 A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,tlasedbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000 o0O B Professional CM16DPLO478431V 0410512016 04/0512017 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS!LOCATIONS J VEHICLES(ACORD 101,Additional Remarks Schedule,may bo attached If more space Is required) RE: Cosnutlant Services Agreement-S.228th Street-UPPR Grade Separation. The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to the City of Kent only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured. CERTIFICATE HOLDER CANCELLATION ANYBE City of Kent Engineering THE SHOULD EXP RATOIONH DATE VTHEREOF,E NOTICE CIEI ELLED WILL ES CBE CDELIVER DO IN 400 West Gowe ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE 01988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S17835890/Ml7648012 VPSBC POLICY NUMBER: 680-OD943278-COP-16 EFFECTIVE DATE: 04-05-16 ISSUE DATE: 02-10-16 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 DEC MP TO 01 02 OS BUSINESSOWNERS COVERAGE PART DECS IL T8 01 O1 01 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS IL T3 16 05 12 COMMON POLICY CONDITIONS - WASHINGTON IL T3 20 09 97 EARLIER NOT CANCEL/NONRENEKAL PROV BY US BUSINESSOWNERS MP T1 30 02 05 TBL OF CONT-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 15 FEDERAL TERRORISM RISK INSURANCE ACT DIS 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 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 CG D3 09 11 03 AMEND ENDT-PRODUCTS-COMPLETED OPR HAZARD CG D3 81 09 07 ADDT INSURED ARCHITECT,ENGINEER,SURVEYOR CG D4 71 01 15 AMEND COVERAGE B - PERS & ADV INJURY ON 01 13 11 03 EMPLOYERS OVERHEAD LIABILITY CG DO 37 04 05 OTHER INSURANCE-ADDITIONAL INSUREDS CG D2 03 12 97 AMEND-NON CUMULATION OF EACH OCC CO D3 79 09 07 ARCHITECT,ENGINBER,SURVEYOR XTEND ENDORS CG D4 13 04 08 AMENDMENT OF COVERAGE-COOLING-POLLUTION MP T1 25 11 03 HIRED AUTO AND NON-OWNED AUTO LIAB CG D3 26 10 11 EXCLUSION - UNSOLICITED COMMUNICATION CG D3 56 05 14 MOBILE EQUIP REDEFINED-EXCL OF VEHICLES CG D3 80 10 11 EXCL-ENGIN ARCHITECT OR SURVEY PROF LIAB CG D4 21 07 08 AMEND CONTRAC LIAB EXCL-EXC TO NAMED INS CG D6 18 10 11 EXCL-VIOLATION OF CONSUMER FIN PROT LAWS CG D7 46 01 15 EXCL-ACCESS OR DISCL OF CONF/PERS INFO CO F7 68 08 13 WA CHGS - AMEND LIQ 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 TO 01 01 01 PAGE: 1 OF 2 POLICY NUMBER: 680-OD943278-COP-16 EFFECTIVE DATE: 04-05-16 ISSUE DATE: 02-10-16 COMMERCIAL GENERAL LIABILITY (CONTINUED) CG F4 66 01 08 WASHINGTON CHANGES-WHO IS AN INSURED CG T3 33 11 03 LIMIT WHEN TWO OR MORE POLICIES APPLY INLAND MARINE CM T3 98 01 15 FEDERAL TERRORISM RISK INSURANCE ACT DIS INTERLINE ENDORSEMENTS IL T4 00 12 09 DESIGNATED ENTITY-C/NR PROVIDED BY US IL T4 12 03 15 AMNDT COMMON POLICY COND-PROHIBITED COVG IL T4 14 01 15 CAP ON LOSSES CERTIFIED ACT OF TERRORISM IL T3 82 05 13 EXCL OF LOSS DOE TO VIRUS OR BACTERIA 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 IL T8 010101 PAGE: 2 OF 2 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-OD94327B-COF-16 ISSUE DATE: 02-10-16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NONOWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Insurance is provided only with respect to those coverages for which a specific premium charge is shown: COVERAGE ADDITIONAL PREMIUM Hired Auto Liability $ INCLUDED Nonowned Auto Liability $ INCLUDED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PROVISIONS C. WHO IS AN INSURED A. COVERAGE Section II — Who Is An Insured is replaced by If a premium charge is shown in the SCHEDULE the following: above, the Insurance provided under Section I — Each of the following is an insured under this In- Coverage A — Bodily Injury And Property surance to the extent set forth below: Damage Liability applies to "bodily injury" and 1. You; "property damage"arising out of the maintenance or use of a "hired auto" or "nonowned auto". 2. Anyone else including any partner or"execu- Maintenance or use of a "nonowned auto" in- tive officer" of yours while using with your cludes test driving in connection with an "auto permission a "hired auto" or a "nonowned business". auto"except: B. EXCLUSIONS a. The owner or lessee (of whom you are a With respect to the insurance provided by this sublessee)of a"hired auto" or the owner endorsement: or lessee of a "nonowned auto" or any agent or"employee"of any such owner or 1. The exclusions, under Section I—Coverage lessee: A — Bodily Injury And Property Damage Liability,other than exclusions a.,b.,d.,e.,f. b. Your "employee" if the covered "auto" is and i. and the Nuclear Energy Liability Exclu- owned by that "employee" or a member sion (Broad Form) are deleted and replaced of his or her household; by the following: c. Your"employee" if the covered "auto" is a. "Bodily injury"to: leased, hired or rented by him or her or a member of his or her household under a (1) Any fellow "employee" of the Insured lease or rental agreement for a period of arising out of and in the course of: 180 days or more; (a) Employment by the insured;or d. Any partner or"executive officer"with re- (b) Performing duties related to the spect to any "auto" owned by such part- conduct of the insured's busi- ner or officer or a member of his or her ness. household; b. "Property damage"to: e. Any partner or"executive officer"with re- (1) Property owned or being transported sped to any "auto" leased or rented to by,or rented or loaned to the insured; such partner or officer or a member of his or or her household under a lease or rental (2) Property in the care, custody or con- agreement for a period of 180 days or trol of the Insured. more; MP T1 25 1103 Copyright,The Travelers Indemnity Company,2003 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERCIAL GENERAL LIABILITY f. Any person while employed in or other- E. ADDITIONAL DEFINITIONS wise engaged in duties in connection with Section V—Definitions is amended by the addi- an "auto business", other than an "auto tion of the following definitions: business"you operate; 1. "Auto Business" means the business or oc- g. Anyone other than your "employees", cupation of selling, repairing, servicing, stor- partners, a lessee or borrower or any of ing or parking"autos". their "employees", while moving property 2. "Hired auto" means any "auto" you lease, to or from a "hired auto"or a "nonowned hire,rent or borrow.This does not include: auto";or 3. Any other person or organization, but only a. Any"auto"you lease,hire or rent under a with respect to their liability because of acts lease or rental agreement for a period of or omissions of an Insured under 1. or 2. 180 days or more,or above. b. Any"auto"you lease, hire, rent or borrow D. AMENDED DEFINITIONS from any of your "employees", partners, stockholders, or members of their house- The Definition of"insured contract"of Section V— holds. Definitions Is amended by the addition of the fol- lowing exceptions to paragraph if.: 3. "Nonowned auto" means any "autos" you do Paragraph f. does not Include that part of any not own, lease, hire, rent or borrow that are contract or agreement: being used in the course and scope of your business at the time of an "occurrence". This (4) That pertains to the loan,lease or rental of an includes "autos" owned by your"employees" "auto" to you or any of your "employees", if or partners or members of their households the"auto" is loaned, leased or rented with a but only while being used In the course and driver;or scope of your business at the time of an"oc- (5) That holds a person or organization engaged currence". in the business of transporting property by If you are a sole proprietor, "nonowned auto" "auto"for hire harmless for your use of a cov- means any "autos" you do not own, lease, ered "auto" over a route or territory that per- hire, rent or borrow that are being used in the son or organization is authorized to serve by course and scope of your business or per- public authority. sonal affairs at the time of an"occurrence". Page 2 of 2 Copyright,The Travelers Indemnity Company, 2003 MP T1 25 11 03 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. — T. and V. of this endorsement broaden coverage. Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage descrip- tion only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorse- ment carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured N. Additional Insured — Architect, Engineer Or Sur- B. Incidental Medical Malpractice veyor C. Reasonable Force — Bodily Injury Or Property 0. Who Is An Insured — Newly Acquired Or Formed Damage Organizations D. Non-Owned Watercraft — Increased To Up To 75 P. Who Is An Insured — Unnamed Partnership Or feet Joint Venture—Excess E. Aircraft Chartered With Crew Q. Per Project General Aggregate Limit F. Extension Of Coverage — Damage To Premises R. Knowledge And Notice Of Occurrence Or Offense Rented To You S. Unintentional Omission G. Malicious Prosecution — Exception To Knowing T. Waiver Of Transfer Of Rights Of Recovery Violation Of Rights Of Another Exclusion Against Others To Us When Required By Con- H. Medical Payments Limit tract Or Agreement I. Increased Supplementary Payments U. Amended Bodily Injury Definition J. Additional Insured — Owner, Manager Or Lessor V. Amended Insured Contract Definition — Railroad Of Premises Easement K. Additional Insured—Lessor Of Leased Equipment W. Amended Property Damage Definition — Tangible L. Additional Insured — State Or Political Subdivi- Property sions—Permits Relating To Premises X. Additional Definition — Contract or Agreement M. Additional Insured — State Or Political Subdivi- Requiring Insurance sions—Permits Relating To Operations PROVISIONS coverage for any such additional organization A. BROADENED NAMED INSURED will cease as of the date, if any, during the policy period, that you no longer are the sole 1. The Named Insured in Item 1. of the Common owner of, or maintain the majority ownership Policy Declarations is amended as follows: interest in, such organization. The person or organization named in Item 1. 2. This Provision A. does not apply to any per- of the Common Policy Declarations and any son or organization for which coverage is ex- organization, other than a partnership, joint cluded by another endorsement to this Cov- venture, limited liability company or trust, of erage Part. which you are the sole owner or in which you maintain the majority ownership interest on the effective date of the policy. However, CG D3 79 09 07 Copyright 2007 The Travelers Companies, Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILITY B. INCIDENTAL MEDICAL MALPRACTICE any other basis, except for insurance pur- l. The following is added to Paragraph 1. Insu- chased specifically by you to apply in excess ing Agreement of COVERAGE A BODILY of the Limits of Insurance shown in the Decla- INJURY AND PROPERTY DAMAGE LI- rations for this Coverage Part. ABILITY in COVERAGES (Section 1): C. REASONABLE FORCE — BODILY INJURY OR "Bodily injury" arising out of the rendering of, PROPERTY DAMAGE or failure to render, "first aid" or "Good Sa- The Expected Or Intended Injury Exclusion in maritan services" to a person, other than a Paragraph 2. Exclusions of COVERAGE A co-"employee" or "volunteer worker", will be BODILY INJURY AND PROPERTY DAMAGE deemed to be caused by an "occurrence". For LIABILITY in COVERAGES (Section 1) is deleted the purposes of determining the applicable and replaced by the following: limits of insurance, any act or omission to- Expected Or Intended Injury Or Damage gether with all related acts or omissions in the furnishing of the services to any one person "Bodily injury" or "property damage" expected or will be deemed one"occurrence". intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or 2. As used in this Provision B.: "property damage" resulting from the use of rea- a. "First aid" means medical or nursing ser- sonable force to protect any person or property. vice, treatment, advice or instruction; the D. NON-OWNED WATERCRAFT — INCREASED related furnishing of food or beverages; TO UP TO 75 FEET the furnishing or dispensing of drugs or medical supplies or appliances; 1. The exception contained in Subparagraph (2) of the Aircraft, Auto Or Watercraft Exclu- b. "Good Samaritan services" means those sion in 2. Exclusions of COVERAGE A medical services rendered or provided in BODILY INJURY AND PROPERTY DAM- an emergency and for which no remu- AGE LIABILITY in COVERAGES (Section 1) neration is demanded or received. is deleted and replaced by the following: 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- (2) A watercraft you do not own that is: SURED (Section II) does not apply to any of (a) Less than 75 feet long; and your"employees", who are not employed as a doctor or nurse by you, but only while per- (b) Not being used to carry persons or forming the services described in Paragraph property for a charge; 1. above and while acting within the scope of 2. Only as respects the insurance provided by their employment by you. Any such "employ- this Provision D., WHO IS AN INSURED ees" rendering "Good Samaritan services"will (Section II) is amended to include as an in- be deemed to be acting within the scope of sured any person who, with your expressed their employment by you. or implied consent, either uses or is responsi- 4. The following exclusion is added to Para- ble for the use of the watercraft. graph 2. Exclusions of COVERAGE A BOD- 3. The insurance provided by this Provision D. ILY INJURY AND PROPERTY DAMAGE LI- shall be excess over any valid and collectible ABILITY in COVERAGES (Section 1): other insurance available to the insured, Sale of Pharmaceuticals whether primary, excess, contingent or on "Bodily injury" or "property damage" any other basis, except for insurance pur- arising out of the willful violation of a chased specifically by you to apply in excess penal statute or ordinance relating to the of the Limits of Insurance shown in the Decla- sale of pharmaceuticals committed by or rations for this Coverage Part. with the knowledge or consent of the E. AIRCRAFT CHARTERED WITH CREW insured. 1. The following is added to the exceptions con- 5. The insurance provided by this Provision B. tained in the Aircraft, Auto Or Watercraft shall be excess over any valid and collectible Exclusion in Paragraph 2. Exclusions of other insurance available to the insured, COVERAGE A BODILY INJURY AND whether primary, excess, contingent or on Page 2 of 8 Copyright 2007 The Travelers Companies, Inc. CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY PROPERTY DAMAGE LIABILITY in COV- Subject to 5. above, the Damage To Prem- ERAGES (Section 1): ises Rented To You Limit is the most we will Aircraft chartered with crew, including a pilot, pay under Coverage A for the sum of all to any insured. damages because of "property damage" to any one premises while rented to you, or 2. This Provision E. does not apply if the char- temporarily occupied by you with permission tered aircraft is owned by any insured. of the owner, caused by: fire; explosion; light- 3. The insurance provided by this Provision E. ning; smoke resulting from such fire, explo- shall be excess over any valid and collectible sion, or lightning; or water. The Damage To other insurance available to the insured, Premises Rented To You Limit will apply to all whether primary, excess, contingent or on "property damage" proximately caused by the any other basis, except for insurance pur- same 'occurrence", whether such damage chased specifically by you to apply in excess results from: fire; explosion; lightning; smoke of the Limits of Insurance shown in the Decla- resulting from such fire, explosion, or light- rations for this Coverage Part. ning; or water; or any combination of any of F. EXTENSION OF COVERAGE — DAMAGE TO these causes. PREMISES RENTED TO YOU The Damage To Premises Rented To You 1. The last paragraph of COVERAGE A BOD- Limit will be the higher of: ILY INJURY AND PROPERTY DAMAGE LI- a. $1,000,000; or ABILITY in COVERAGES (Section 1) is de- b. The amount shown for the Damage To leted and replaced by the following: Premises Rented To You Limit in the Exclusions c. through n. do not apply to dam- Declarations for this Coverage Part. age to premises while rented to you, or tem- 4. Paragraph a. of the definition of"insured con- porarily occupied by you with permission of tract" in DEFINITIONS (Section V) is deleted the owner, caused by: and replaced by the following: a. Fire; a. A contract for a lease of premises. How- b. Explosion; ever, that portion of the contract for a c. Lightning; lease of premises that indemnifies any person or organization for damage to d. Smoke resulting from such fire, explosion, premises while rented to you, or tempo- or lightning; or rarily occupied by you with permission of e. Water. the owner, caused by: fire; explosion; A separate limit of insurance applies to this lightning; smoke resulting from such fire, coverage as described in LIMITS OF IN- explosion, or lightning; or water is not an SURANCE (Section III). "insured contract'; 2. The insurance under this Provision F. does S. This Provision F. does not apply if coverage not apply to damage to premises while rented for Damage To Premises Rented To You of to you, or temporarily occupied by you with COVERAGE A BODILY INJURY AND permission of the owner, caused by: PROPERTY DAMAGE LIABILITY in COV- ERAGES (Section 1) is excluded by another a. Rupture, bursting, or operation of pres- endorsement to this Coverage Part. sure relief devices; G. MALICIOUS PROSECUTION — EXCEPTION TO b. Rupture or bursting due to expansion or KNOWING VIOLATION OF RIGHTS OF AN- swelling of the contents of any building or OTHER EXCLUSION structure, caused by or resulting from wa- ter; or The following is added to the Knowing Violation Of Rights Of Another Exclusion in 2. Exclu- c. Explosion of steam boilers, steam pipes, sions of COVERAGE B PERSONAL INJURY, steam engines, or steam turbines. ADVERTISING INJURY AND WEB SITE IN- 3. Paragraph 6. of LIMITS OF INSURANCE JURY LIABILITY of the WEB XTEND LIABILITY (Section III) is deleted and replaced by the Endorsement: following: CG D3 79 09 07 Copyright 2007 The Travelers Companies, Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY This exclusion does not apply to "personal injury" ter you cease to be a tenant in that caused by malicious prosecution. premises; H. MEDICAL PAYMENTS LIMIT (2) Any structural alterations, new con- The Medical Expense Limit shown in the struction or demolition operations Declarations for this Coverage Part is increased performed by or on behalf of such to$10.000. additional insured; or I. INCREASED SUPPLEMENTARY PAYMENTS (3) Any premises for which coverage is excluded by another endorsement to Paragraphs 1.b. and i.d. of SUPPLEMENTARY this Coverage Part. PAYMENTS — COVERAGES A AND B in COV- 3. This Provision J. does not apply on any ERAGES(Section 1)are amended as follows: basis to any person or organization for 1. In Paragraph 1.b., the amount we will pay for which coverage as an additional insured the cost of bail bonds is increased to$2500. specifically is added by another en- 2. In Paragraph 1.d., the amount we will pay for dorsement to this Coverage Part. loss of earnings is increased to$500 a day. K. ADDITIONAL INSURED—LESSOR OF LEASED J. ADDITIONAL INSURED — OWNER, MANAGER EQUIPMENT OR LESSOR OF PREMISES 1. WHO IS AN INSURED (Section II) is 1. WHO IS AN INSURED (Section 11) is amended to include as an insured: amended to include as an insured: Any person or organization that you have Any person or organization that you have agreed in a contract or agreement to include agreed in a contract or agreement to include as an additional insured on this Coverage as an additional insured on this Coverage Part, but: Part, but: a. Only with respect to liability for"bodily in- a. Only with respect to liability for"bodily in- jury" or"property damage"that occurs, or jury" or"property damage" that occurs, or "personal injury" caused by an offense "personal injury" caused by an offense committed, after you have entered into committed, after you have entered into that contract or agreement;and that contract or agreement; and b. Only if the "bodily injury", "property Jam- b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in age" or "personal injury" is caused, in whole or in part, by acts or omissions of whole or in part, by acts or omissions of you or any person or organization per- you or any person or organization per- forming operations on your behalf, in the forming operations on your behalf, and maintenance, operation or use of equip- arises out of the ownership, maintenance ment leased to you by such additional in- or use of that part of any premises leased sured. to you under that contract or agreement_ 2. The insurance provided to such additional in- 2. The insurance provided to such additional in- sured under this Provision K. is subject to the sured under this Provision J. is subject to the following provisions: following provisions: a. The limits of insurance afforded to such a. The limits of insurance afforded to such additional insured shall be the limits additional insured shall be the limits which you agreed to provide in the con- which you agreed to provide in the con- tract or agreement, or the limits shown in tract or agreement, or the limits shown in the Declarations for this Coverage Part, the Declarations for this Coverage Part, whichever are less; and whichever are less; and b. The insurance afforded to such additional b. The insurance afforded to such additional insured does not apply: insured does not apply to: (1) To any "bodily injury" or "property (1) Any "bodily injury" or "property dam- damage" that occurs, or"personal in- age" that occurs, or "personal injury" jury" caused by an offense commit- caused by an offense committed, af- ted, after the equipment lease ex- pires; or Page 4 of 8 Copyright 2007 The Travelers Companies, Inc. CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY (2) If the equipment is leased with an 1. The following is added to Paragraph 2. of operator. WHO IS AN INSURED (Section II)to include 3. This Provision K. does not apply on any basis as an insured: to any person or organization for which cov- Any architect, engineer or surveyor engaged erage as an additional insured specifically is by or for you that you agree in a "contract or added by another endorsement to this Cover- agreement requiring insurance" to include as age Part. an additional insured on this Coverage Part, L. ADDITIONAL INSURED — STATE OR POLITI- but only with respect to liability for "bodily in- CAL SUBDIVISIONS—PERMITS RELATING TO jury", "property damage" or "personal injury" PREMISES that is caused, in whole or in part, by acts or omissions of you or any person or organiza- The following is added to Paragraph 2. of WHO tion acting on your behalf in connection with IS AN INSURED (Section II) to include as an in- your premises or"your work". sured: 2. This Provision N. does not apply on any basis Any state or political subdivision that has issued a to any person or organization for which cov- permit in connection with premises owned or oc- erage as an additional insured specifically is cupied by, or rented or loaned to, you, but only added b another endorsement to this Cover- with respect to "bodily injury", "property damage", Y p Y � 1 ry"• 'p p Y 9 age Part. "personal injury" or "advertising injury" arising out 0. WHO IS AN INSURED — NEWLY ACQUIRED of the existence, ownership, use, maintenance, OR FORMED ORGANIZATIONS repair, construction, erection or removal of adver- tising signs, awnings, canopies, cellar entrances, 1. Paragraph 4.a. of WHO IS AN INSURED coal holes, driveways, manholes, marquees, hoist (Section II) is deleted and replaced by the away openings, sidewalk vaults, elevators, street following: banners or decorations for which that state or po- a. Coverage under this provision is afforded litical subdivision has issued such permit. only until the 180th day after you acquire M. ADDITIONAL INSURED — STATE OR POLITI- or form the organization or the end of the CAL SUBDIVISIONS—PERMITS RELATING TO policy period, whichever is earlier. Any OPERATIONS such newly acquired or formed organiza- The following is added to Paragraph 2. of WHO tion that you report in writing to us within IS AN INSURED (Section II) to include as an in- 180 days after you acquire or form the sured: organization will be covered under this provision until the end of the policy pe- Any state or political subdivision that has issued a riod, even if there are more than 180 days permit, but only with respect to "bodily injury", remaining until the end of the policy pe- "property damage", "personal injury" or "advertis- riod; ing injury" arising out of operations performed by you or on your behalf for which that state or politi- 2. This Provision O. does not apply to any or- cal subdivision has issued such permit. However, ganization for which coverage is excluded by no such state or political subdivision is an insured another endorsement to this Coverage Part. for: P. WHO IS AN INSURED— UNNAMED PARTNER- 1. 'Bodily injury", "property damage", "personal SHIP OR JOINT VENTURE—EXCESS injury" or"advertising injury" arising out of op- 1. The last paragraph of WHO IS AN INSURED erations performed for that state or political (Section II) is deleted and replaced by the subdivision; or following: 2. "Bodily injury" or "property damage" included No person or organization is an insured with within the "products — completed operations respect to the conduct of any current or past hazard". partnership, joint venture or limited liability N. ADDITIONAL INSURED — ARCHITECT, ENGI- company that is not shown as a Named In- NEER OR SURVEYOR sured in the Common Policy Declarations. However, this exclusion does not apply to your liability with respect to your conduct of CG D3 79 09 07 Copyright 2007 The Travelers Companies, Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY the business of any current or past partner- eral Aggregate Limit for that "project", but ship or joint venture: shall not reduce: a. That is not shown as a Named Insured in a. Any other Per Project General Aggregate the Common Policy Declarations, and Limit for any other"project"; b. In which you are a member or partner b. The General Aggregate Limit; or where each and every one of your co- c. The Products-Completed Operations Ag- ventures in that joint venture is an archi- gregate Limit. tectural, engineering, or surveying firm. The limits shown in the Declarations for this 2. This Provision P. does not apply to any per- Coverage Part for Each Occurrence, Damage son or organization for which coverage is ex- To Premises Rented To You and Medical Ex- cluded by another endorsement to this Cov- pense are also subject to the Per Project erage Part. General Aggregate Limit when the Per Pro- 3. The insurance provided by this Provision P. ject General Aggregate Limit applies. shall be excess over any valid and collectible 3. As used in the Provision Q.: other insurance, whether primary, excess, contingent or on any other basis, which is "Project" means an area away from premises available covering your liability with respect to owned by or rented to you at which you are your conduct of the business of any current or performing operations pursuant to a contract or agreement. For the purposes of determin- past partnership or joint venture that is not shown as a Named Insured in the Common ing the applicable aggregate limit of insur- Policy Declarations and which is issued to once, each "project" that includes premises such partnership or joint venture. involving the same or connecting lots, or Q. PER PROJECT GENERAL AGGREGATE LIMIT premises whose connection is interrupted only by a street, roadway, waterway or right- 1. Paragraph 2. of LIMITS OF INSURANCE of-way of a railroad shall be considered a sin- (Section III) is deleted and replaced by the gle"project". following: R. KNOWLEDGE AND NOTICE OF OCCUR- The General Aggregate Limit is the most we RENCE OR OFFENSE will pay for the sum of: The following is added to Paragraph 2. Duties In a. Damages under Coverage B; and The Event of Occurrence, Offense, Claim Or b. Damages from "occurrences" under Cov- Suit of COMMERCIAL GENERAL LIABILITY erage A and for all medical expenses CONDITIONS(Section IV): caused by accidents under Coverage C Notice of an "occurrence" or of an offense which which cannot be attributed only to opera- may result in a claim must be given as soon as tions at a single"project". practicable after knowledge of the"occurrence" or 2. The following is added to LIMITS OF IN- offense has been reported to you, one of your SURANCE (Section III): "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a A separate Per Project General Aggregate partnership), one of your managers (if you are a Limit applies to each "project for all sums limited liability company), one of your trustees which the insured becomes legally obligated who is an individual (if you are a trust), or an to pay as damages caused by "occurrences" "employee" (such as an insurance, loss control or under Coverage A and for all medical ex- risk manager or administrator) designated by you penses caused by accidents under Coverage to give such notice. C which can be attributed only to operations at a single "project", and that limit is equal to Knowledge by any other"employee" of an "occur- the amount of the General Aggregate Limit rence" or offense does not imply that you also shown in the Declarations for this Coverage have such knowledge. Part. Notice of an "occurrence" or of an offense which Any payments made under Coverage A for may result in a claim will be deemed to be given damages and under Coverage C for medical as soon as practicable to us if it is given in good expenses shall reduce the Per Project Gen- faith as soon as practicable to your workers' com- Page 6 of 8 Copyright 2007 The Travelers Companies, Inc. CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY pensation, accident, or health insurer. This ap- when, the"bodily injury" or"property damage" oc- plies only if you subsequently give notice of the curs, or the "personal injury" offense or"advertis- "occurrence" or offense to us as soon as practi- ing injury" offense is committed. cable after you, one of your"executive officers" (if U. AMENDED BODILY INJURY DEFINITION you are a corporation), one of your partners who is an individual (if you are a partnership), one of The definition of "bodily injury" in DEFINITIONS your managers (if you are a limited liability com- {Section V) is deleted and replaced by the follow- pany), one of your trustees who is an individual (if ing: you are a trust), or an "employee" (such as an in- "Bodily injury" means: surance, loss control or risk manager or adminis- a. Physical harm, including sickness or disease, trator) designated by you to give such notice dis- sustained by a person; covers that the "occurrence" or offense may in- volve this policy. b. Mental anguish, injury or illness, or emotional S. UNINTENTIONAL OMISSION distress, resulting at any time from such physical harm, sickness or disease; or 1. The following is added to Paragraph 6. Rep- c. Care, loss of services or death resulting at resentations of COMMERCIAL GENERAL any time from such physical harm, sickness LIABILITY CONDITIONS (Section IV): or disease. The unintentional omission of, or uninten- V. AMENDED INSURED CONTRACT DEFINITION tional error in, any information provided by —RAILROAD EASEMENT you which we relied upon in issuing this policy hall not prejudice your rights under this in- 1. Subparagraph c. of the definition of "insured shall . contract" in DEFINITIONS (Section V) is deleted and replaced by the following: 2. This Provision S. does not affect our right to collect additional premium or to exercise our c. Any easement or license agreement; right of cancellation or nonrenewal in accor- 2. Subparagraph f.(1) of the definition of dance with applicable insurance laws or regu- "insured contract" in DEFINITIONS (Section lations. V) is deleted. T. WAIVER OF TRANSFER OF RIGHTS OF RE- W. AMENDED PROPERTY DAMAGE DEFINITION COVERY AGAINST OTHERS TO US WHEN —TANGIBLE PROPERTY REQUIRED BY CONTRACT OR AGREEMENT The definition of "property damage" in DEFINI- The following is added to Paragraph 8. Transfer TIONS (Section V) is deleted and replaced by of Rights of Recovery Against Others to Us of the following: COMMERCIAL GENERAL LIABILITY CONDI- "Property damage" means: TIONS (Section IV): a. Physical injury to tangible property, including We waive any rights of recovery we may have all resulting loss of use of that property. All against any person or organization because of such loss of use shall be deemed to occur at payments we make for "bodily injury", "property the time of the physical injury that caused it; damage", "personal injury" or "advertising injury or arising out of: b. Loss of use of tangible property that is not 1. Premises owned by you, temporarily occu- physically injured. All such loss of use shall pied by you with permission of the owner, or be deemed to occur at the time of the "occur- leased or rented to you; rence"that caused it. 2. Ongoing operations performed by you, or on For the purposes of this insurance, tangible prop- your behalf, under a contract or agreement erty does not include data. with that person or organization; X. The following definition is added to SECTION V— 3. "Your work'; or DEFINITIONS: 4. "Your products". "Contract or agreement requiring insurance" We waive these rights only where you have means that part of any contract or agreement un- agreed to do so as part of a contract or agree- der which you are required to include a person or ment entered into by you before, and in effect organization as an additional insured on this Cov- CG D3 79 09 07 Copyright 2007 The Travelers Companies, Inc. Page 7 of 8 e COMMERCIAL GENERAL LIABILITY erage Part, provided that the "bodily injury" and b. While that part of the contract or agreement is "property damage" occurs, and the "personal in- in effect; and jury" is caused by an offense committed: c. Before the end of the policy period. a. After you have entered into that contract or agreement; Page 8 of 8 Copyright 2007 The Travelers Companies, Inc. CG D3 79 09 07