HomeMy WebLinkAboutPW15-389 - Amendment - #1 - A&M Consulting Company - S 228th Street UP Grade Separation Project - 07/21/2016 ® � sN T e e
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WA9XIN OTON t�K4� �L'_3
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: A & M Consulting
Vendor Number:
JD Edwards Number
Contract Number: OW 6S -- 00
This is assigned by City Clerk's Office
Project Name: S 228th St. UP Grade Separation
Description: ❑ Interlocal Agreement ❑ Change Order Amendment ❑ Contract
❑ Other:
-JI'Ll R r�
Contract Effective Date: Date of Mayor's Signature Termination Date: 12/31/16
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Mark Madfai Department: PW - Engineering
Contract Amount: $18,480.00
Approval Authority: ❑ Department Director Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
An amendment is needed to increase the contract amount to cover the additional hours
Necessary for the Consultant to complete this project.
As of: 08/27/14
i
KENT
W AS XINOTON
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: A & M Consulting
CONTRACT NAME & PROJECT NUMBER: S 228th St. UP Grade Separation
ORIGINAL AGREEMENT DATE: December 9, 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:
The scope of work remains the same, however an amendment is
needed to increase the contract amount to cover the additional hours
necessary for the Consultant to complete this project.
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, $9,240.00
including applicable WSST
Net Change by Previous Amendments $0
including applicable WSST
Current Contract Amount $9,240.00
including all previous amendments
Current Amendment Sum $9,240.00
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Applicable WSST Tax on this $0
Amendment
Revised Contract Sum $18,480.00
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AMENDMENT - 1 OF 2
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Original Time for Completion 12/31/16
(insert date)
Revised Time for Completion under N/A
prior Amendments
(insert date)
Add'I Days Required (f) for this o calendar days
Amendment
Revised Time for Completion 12/31/16
(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 al �K'/' By: "' s
(s �`natt�re�' (signature)
Print Name: r� to C/t� L Pri ame: uzette Cooke
Its ( W, a a Its Mayor
(title (title) p
DATE: :�Z DATE: O�t
APPROVED
II AS TOFORM:
(applicable if Mayor's signature re uired)
Kent Law Department
fin this field,you may enter the eledmnic filepath where the contract has been saved]
AMENDMENT - 2 OF 2
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POLICY NUMBER:72 SSM DR5025
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. j
ADDITIONAL INSDRED - MANAGER/LESSOR
THE CITY OF RENT
PDELIC WORKS ENGINEERING
222 FODRTH AVE. SO.
RENT WA 98032
Form IH 12 00 11 85 1 SEQ.NO.002 Printed in U.S.A. Page 001
Process Date: 09/15/15 Expiration Date: 11/01/16
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I
VERAGEFORM
BUSINESS LIABILITY CO �
QUICK REFERENCE
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A. COVERAGES 1
Business Liability 1
Medical Expenses 2
Coverage Extension-Supplementary Payments 2
B. EXCLUSIONS 3
C. WHO IS AN INSURED 10
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15
1. Bankruptcy 15
2. Duties In The Event Of Occurrence, Offense,Claim Or Suit 18
3. Financial Responsibility Laws 16
4. Legal Action Against Us 16
S. Separation Of Insureds 16
6. Representations 16
7. Other Insurance 16
8. Transfer Of Rights Of Recovery Against Others To Us 17
F. OPTIONAL ADDITIONAL INSURED COVERAGES 18
i
Additional Insureds 18
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20
Form SS 00 08 04 05
tuy
BUSINESS LIABILITY COVERAGE FORM
Various provisions In this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what
Is and Is not covered.
Throughout this policy the words"you" and"your" refer to the Named Insured shown in the Declarations. The words
"we","us"and"our"refer to the stock Insurance company member of The Hartford providing this Insurance.
The word"Insured"means any person or organization qualifying as such under Section C.-Who Is An Insured.
Other words and phrases that appear In quotation marks have special meaning. Refer to Section G. - Liability And
Medical Expenses Definitions.
A. COVERAGES (a) The "bodily injury" or "property
damage" is caused by an
1. BUSINESS LIABILITY COVERAGE (BODILY
INJURY, PROPERTY DAMAGE, PERSONAL "occurrence"that takes place In the
"coverage territory";
AND ADVERTISING INJURY)
Insuring Agreement (b) The "bodily injury" or "property
' damage" occurs during the poik"y i
a. We will pay those sums that the insured period;and
becomes legally obligated to pay as (c) Prior to the policy period, no insured
damages because of "bodily Injury", listed under Paragraph 1. of Section
"property damage" or "personal and C. — Who Is An Insured and no
advertising Injury" to which this insurance "employee"authorized by you to give
applies. We will have the right and duty to or receive notice of an "occurrence"
defend the insured against any "suit" or claim, knew that the"bodily injury"
seeking those damages. However, we will or "property damage" had occurred,
have no duty to defend the insured against in whole or in part. if such a listed
any "sulf' seeking damages for "bodily insured or authorized "employed"
injury", "property damage" or"personal and knew, prior to the policy period, that
advertising injury" to which this insurance the "bodily injury" or "property
does not apply. damage" occurred, then any
We may, at our discretion, investigate any continuation, change or resumption
"occurrence"or offense and settle any claim of such "bodily injury" or "property
or"suit'that may resuiL But: damage" during or after the policy
(1) The amount we will pay for damages is period will be deemed to have been
limited as described in Section D. - known prior to the Polley period.
Liability And Medical Expenses Limits (2) To "personal and advertising injury"
Of Insurance;and caused by an offense arising out of your
(2) Our right and duty to defend ends when business, but only if the offense was
we have used up the applicable limit of committed In the "coverage territory"
Insurance in the payment of judgments, during the policy period.
settlements or medical expenses to which c. "Bodily Injury" or "property damage"will be
this insurance applies. deemed to have been known to have
No other obligation or liability to pay sums or occurred at the earliest time when any
perform acts or services is covered unless insured listed under Paragraph 1,of Section
explicitly provided for under Coverage C. —Who Is An Insured or any "employee"
Extension-Supplementary Payments. authorized by you to give or receive notice
of an"occurrence"or claim:
b. This insurance applies: (1) Reports all, or any part, of the "bodily
(1) To "bodily injury" and "property Injury" or "property damage" to us or
damage"only If: any other insurer;
i
Form SS 00 08 04 05 Page 1 of 24
0 2005,The Hartford
BUSINESS LIABILITY COVERAGE FORM
(2) Receives a written or verbal demand or b. We will make these payments regardless of
claim for damages because of the"bodily fault. These payments will not exceed the
Injury"or"property damage";or applicable limit of Insurance. We will pay
(3) Becomes aware by any other means that reasonable expenses for:
"bodily Injury" or "property damage" has (1) First aid administered at the time of an
occurred or has begun to occur. accident;
d. Damages because of"bodily injury" include (2) Necessary medical, surgical, x-ray and
damages claimed by any person or dental services, Including prosthetic
organization for care, loss of services or devices; and
death resulting at any time from the "bodily (3) Necessary ambulance, hospital,
Injury". professional nursing and funeral
e. incidental Medical Malpractice services.
(1) "Bodily Injury" arising out of the 3. COVERAGE EXTENSION-
rendering of or failure to render SUPPLEMENTARY PAYMENTS
professional health care services as a a. We will pay, with respect to any claim or
physician, dentist, nurse, emergency "suit" we Investigate or settle, or any "suit"
medical technician or paramedic shall against an insured we defend:
be deemed to be caused by an
"occurrence", but only If: (1) All expenses we incur.
(a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds
emergency medical technician or required because of accidents or traffic
paramedic Is employed by you to law violations arising out of the use of
provide such services;and any vehicle to which Business Liability
b You are not engaged in the Coverage for"bodily injury"applies. We
O do not have to furnish these bonds.
business or occupation of providing
such services. (3) The cost of appeal bonds or bonds to
release attachments, but only for bond
(2) For the purpose of determining the amounts within the applicable limit of
limits of insurance for incidental medical insurance. We do not have to fumish
malpractice, any act or omission these bonds.
together with all related acts or
omissions in the furnishing of these (4) All reasonable expenses incurred by the
services to any one person will be Insured at our request to assist us In the
considered one"occurrence". "suit",
or defense of the claim or
"suit", including actual loss of earnings
2. MEDICAL EXPENSES up to $500 a day because of time off
insuring Agreement from work.
a. We will pay medical expenses as described (5) All costs taxed against the insured in
below for "bodily Injury" caused by an the"suit".
accident: (6) Prejudgment Interest awarded against
(1) On premises you own or rent; the insured on that part of the judgment
(2) On ways next to premises you own or we pay. If we make an offer to pay the
rent;or applicable limit of insurance,we will not
(3) Because of your operations; pay any prejudgment interest based on
that period of time after the offer.
provided that: (7) All interest on the full amount of any
(1) The accident takes piece in the judgment that accrues after entry of the
"coverage territory" and during the judgment and before we have paid,
policy period; offered to pay, or deposited In court the
(2) The expenses are Incurred and reported part of the judgment that is within the
to us within three years of the date of applicable limit of Insurance.
the accident;and Any amounts paid under (1) through (7)
(3) The injured person submits to above will not reduce the limits of Insurance.
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
Page 2 of 24 Form SS 00 08 04 05
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BUSINESS LIABILITY COVERAGE FORM
b. If we defend an Insured against a "suit" So long as the above conditions are met,
and an fndemnitee of the Insured Is also attorneys' fees Incurred by us In the
named as a party to the "suit", we will defense of that Indemnitee, necessary
defend that Indemnitee if all of the litigation expenses Incurred by us and
following conditions are met: necessary litigation expenses Incurred
(1) The "suit" against the Indemnitee by the Indemnitee at our request will be
seeks damages for which the Insured paid as Supplementary Payments.
has assumed the liability of the Notwithstanding the provisions of
indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. —
that Is an "Insured contract"; Exclusions, such payments will not be
(2) This Insurance applies to such liability deemed to be damages for "bodily
assumed by the insured; injury" and "property damage"and will
not reduce the Limits of Insurance.
(3) The obligation to defend,or the cost of Our obligation to defend an Insured's
the defense of, that Indemnitee, has
also been assumed by the insured In Indemnitee and to pay for attorneys' fees
the same"Insured contract"; and necessary Iitigaflon expenses as
Supplementary Payments ends when:
(4) The allegations In the 'suit" and the Information we know about the (i) We have used up the applicable limit
"occurrence" are such that no conflict of insurance in the payment of
appears to exist between the interests judgments or settlements;or
of the insured and the interest of the (2) The conditions set forth above, or the
Indemnitee; terms of the agreement described In
(5) The Indemnitee and the insured ask Paragraph(6)above,are no longer met
ug to conduct and control the defense B. EXCLUSIONS
of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage
and agree that we can assign the
some counsel to defend the Insured This insurance does not apply to:
and the Indemnitee;and a. Expected Or Intended Injury
(6) The Indemnitee: (1) "Bodily Injury" or "property damage"
(a) Agrees in writing to: expected or Intended from the
{i) Cooperate with us in the standpoint of the insured. This
exclusion does not apply to "bodily
Investigation, settlement or Injury" or "property damage" resulting
defense of the"suit"; from the use of reasonable force to
(11) Immediately send us copies of protect persons or property;or
any demands, notices, (2) "Personal and advertising injury" arising
summonses or legal papers out of an offense committed by, at the
received In connection with direction of or with the consent or
the"suit"; acquiescence of the insured with the
(ill) Notify any other insurer whose expectation of Inflicting "personal and
coverage is available to the advertising injury".
indemnitee;and b. Contractual Liability
Qv)Cooperate with us with (1) "Bodily injury"or"properly damage";or
respect to coordinating other
applicable insurance available (2) "Personal and advertising injury"
to the Indemnitee;and for which the Insured is obligated to pay
(b) Provides us with written damages by reason of the assumption of
authorization to: liability In a contract or agreement.
(1) Obtain records and other This exclusion does not apply to liability
information related to the for damages because of:
"suit";and (a) "Bodily Injury","property damage"or
(11) Conduct and control the "personal and advertising injury"that
defense of the indemnitee in the Insured would have in the
such"suli", absence of the contract or
agreement;or
Form SS 00 08 04 05 Page 3 of 24
BUSINESS LIABILITY COVERAGE FORM
(b) "Bodily Injury" or"property damage" (b) Performing duties related to the
assumed in a contract or agreement conduct of the Insureds business,or
that is an "insured oontrad", (2) The spouse, child, parent, brother or
provided the "bodily injury" or sister of that "employee" as a
"properly damage" occurs consequence of(1)above.
subsequent to the execution of the This exclusion applies:
contract or agreement. Solely for the purpose of liability assumed In (1) Whether the insured may be liable as
an "insured contract', reasonable an employer or in any other capacity;
attorneys' fees and necessary and
IlOgation expenses incurred by or for (2) To any obligation to share damages
a party other than an insured are with or repay someone else who must
deemed to be damages because of pay damages because of the Injury.
"bodily injury" or"property damage" This exclusion does not apply to liability
provided: assumed by the insured under an "insured
(1) Liability to such parry for, or for contract".
the cast of, that party's defense f. Pollution
has also been assumed in the (1) "Bodily injury", "property damage" or
same"Insured contract",and "personal and advertising injury"
(11) Such attorneys' fees and arising out of the actual, alleged or
litigation expenses are for threatened discharge, dispersal,
defense of that party against a seepage, migration, release or escape
civil or alternative dispute of"pollutants":
resolution proceeding in which (a) At or from any premises, site or
damages to which this location which is or was at any
insurance applies are alleged, time owned or occupied by, or
c. Liquor Liability rented or loaned to any insured.
"Bodily injury" or "property damage" for However, this subparagraph does
which any insured may be held liable by not apply to:
reason of:. (1) "Bodily injury"if sustained within
(1) Causing or contributing to the a building and caused by
Intoxication of any person; smoke, fumes, vapor or soot
(2) The furnishing of alcoholic beverages to produced by or originating from
a person under the legal drinking age or equipment that is used to heat,
under the Influence of alcohol;or cool or dehumidify the building,
or equipment that is used to
(3) Any statute, ordinance or regulation heat water for personal use, by
relating to the sale, giR, distribution or the bullding's occupants or their
use of alcoholic beverages, guests;
This exclusion applies only If you are in the (11) 'Bodily injury" or "properly
business of manufacturing, distributing, damage"for which you may be
selling, serving or furnishing alcoholic held liable, If you are a
beverages. contractor and the owner or
d. Workers' Compensation And Similar lessee of such premises,site or
Laws location has been added to your
Any obligation of the insured under a policy as an additional Insured
workers' compensation, disability benefits with respect to your ongoing
or unemployment compensation law or operations performed for that
any similar law. additional Insured at that
e. Employer's Liability
premises, site or location and
Bodily Injury' to: such premises, site or location
" is not and Haver was owned or
(1) An "employee" of the Insured arising occupied by, or rented or
out of and in the course of: loaned to, any insured, other
(a) Pmployment by the Insured;or than that additional Insured;or
Page 4 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(iii)"Bodily injury" or "property released as part of the
damage' arising out of heat, operations being performed
smoke or fumes from a by such insured, contractor or
"hostile fire"; subcontractor;
(b) At Or from any premises, site or (11) "Bodily Injury" or "property
location which is or was at any damage" sustained within a
time used by or for any insured or building and caused by the
others for the handling, storage, release of gases, fumes or
disposal, processing or treatment vapors from materials brought
of waste; Into that building in connection
(e) Which are or were at any time with operations being performed
transported, handled, stored, by you or on your behalf by a
treated, disposed of, or processed contractor orsubcontractor,or
as waste by or for: (III)"Bodily injury" or "property
(I) Any Insured;or damage" arising out of heat,
smoke or fumes from a
(li) Any person or organization for "hostile fire";or
whom you may be legally (e) At or from any premises, site or
responsible; location on which any Insured or any
(d) At or from any premises, site or contractors or subcontractors
location on which any Insured or working directly or indirectly on any
any contractors or subcontractors. Insured's behalf are performing
working directly or Indirectly on operations if the operations are to
any insured's behalf are test for, monitor, dean up, remove,
performing operations if the contain, treat, detoxify,or neutralize,
"pollutants" are brought on or to or in any way respond to,or assess
the premises, site or location In the effects of,"pollutants".
connection with such operations (2) Any loss, cost or expense alising out
by such Insured, contractor or of any:
subcontractor. However, this
subparagraph does not apply to: (a) Request,demand,order or statutory
(1) "Bodily Injury" or "property or regulatory requirement that any
damage" arising cut'property
the Insured or others test for, monitor,
escape of fuels, lubricants a dean up, remove, contain, treat,
other operating fluids which are datoxify or neutralize, or In any way
respond to, or assess the affects of,
needed to perform the normal
pollutants
electrical, hydraulic or ;or
mechanical functions (b) Claim or suit by or on behalf of a
necessary for the operation of governmental authority for
"mobile equipment"or Its parts, damages because of testing for,
if such fuels,lubricants or other monitoring, cleaning up,removing,
operating fluids escape from a containing, treating, detoxifying or
vehicle part designed to hold, neutralizing, or in any way
store or receive them. This responding to, or assessing the
exception does not apply if the effects of, "pollutants".
"bodily injury" or "property However, this paragraph does not
damage" arises Out of the apply to liability for damages because
Intentional discharge, dispersal of"property damage" that the insured
or release of the fuels, would have in the absence of such
lubricants or other operating request, demand, order or statutory or
fluids, or if such fuels, regulatory requirement, or such claim
lubricants or other operating or "suit" by or on behalf of a
fluids are brought on or to the governmental authority.
premises, site or location with
the Intent that they be
discharged, dispersed or
Form SS 00 08 04 05 Page 5 of 24
BUSINESS LIABILITY COVERAGE FORM
g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or
"Bodily injury" or "property damage" arising while In practice or preparation for, a
out of the ownership, maintenance, use or prearranged racing, speed or
entrustment to others of any aircraft, "auto, demolition contest or In any stunting
or watercraft owned or operated by or rented activity.
or loaned to any insured. Use includes I. War
operation and"loading or unloading". "Bodily injuy', "property damage" or
This exclusion applies even if the claims "personal and advertising Injury", however
against any insured allege negligence or caused,arising,directly or indirectly,out of:
other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war,
employment,training or monitoring of others (2) Warlike action by a military force,
by that insured, if the "occurrence" which including action in hindering or
caused the "bodily Injury" or "property defending against an actual or
damage" involved the ownership, expected attack, by any government,
maintenance, use or entrustment to others ofsbVereign or other authority using
any aircraft, "autc" or watercraft that Is military personnel or other agents;or
owned or operated by or rented or loaned to
any insured. (3) Insurrection, rebellion, revolution,
usurped power, or action taken by
This exclusion does not apply to:
governmental authority In hindering or
(1) A watercraft while ashore on premises defending against any of these.
you own.or rent; j
Professional Services i
(2) A watercraft you do not own that is: "Bodily injury", "property damage" or
(a) Less than 61 feet long;and "personal and advertising injury" arising
(b) Not being used to carry persons out of the rendering of or failure to render
for a charge; any professional service. This Includes
but is not limited to:
(3) Parking an "auto" on, or on the ways
next to, premises you own or rent, (1) Legal, accounting or advertising
provided the"auto"is not owned by or services;
rented or loaned to you or the Insured; (2) Preparing, approving, or falling to
(4) Liability assumed under any "insured prepare or approve maps, shop
contract" for the ownership, drawings, opinions, reports, surveys,
maintenance or use of aircraft or Held orders, change orders, designs or
watercraft; drawings and speciHcallons;
(5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural
arising out of the operation of any of or engineering activities;
the equipment listed In Paragraph f.(2) (4) Medical, surgical, dental, x-ray or
of f.(3) of the definition of "mobile nursing services treatment, advice or
equipment";or instruction;
(6) An aircraft that is not owned by any (5) Any. health or therapeutic service
insured and Is hired,chartered or loaned treatment,advice or Instruction;
with a paid crew. However, this (6) Any service, treatment, advice or
exception does not apply if the Insured instruction for the purpose of
has any other Insurance for such"bodily appearance or skin enhancement, hair
Injury" or "property damage", whether removal or replacement or personal
the other insurance is primary, excess, grooming;
contingent oron any other basis. (7) Optical or hearing aid services
h. Mobile Equipment including the prescribing, preparation,
"Bodily injury" or "property damage" fitting, demonstration or distribution of
arising out of: ophthalmic lenses and similar
(1) The transportation of"mobile equipmenP products or hearing aid devices;
by an "auto" owned or operated by or
rented or loaned to any Insured;or j
Page 6 of 24
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(8) optometry or optometric services Paragraphs (1), (3) and (4) . of this
Including but not limited to examination exclusion do not apply to "property
of the eyes and the prescribing, damage" (other than damage by Ore) to
preparation, fdting,demonstratlon or premises, Including the contents of such
distribution of ophthalmic lenses and premises, rented to you for a period of 7 or
similar products; fewer consecutive days, A separate Limit
(9) Any: of Insurance applies to Damage To
Premises Rented To You as described in
(a) Body piercing (not Including ear Section D.-Limits of Insurance.
piercing); Paragraph (2) of this exclusion does not
(b) Tattooing, including but not limited apply if the premises are "your work" and
to the insertion of pigments Into or were never occupied, rented or held for
under the skin;and rental by you.
(c) Similar services; Paragraphs(3)and(4)of this exclusion do
(10) Services in the practice of pharmacy; not apply to the use of elevators.
and Paragraphs (3), (4), (5) and (6) of this
(11) Computer consulting, design or exclusion do not apply to liability assumed
programming services, including web under a sidetrack agreement
site design. Paragraphs(3)and(4)of this exclusion do
Paragraphs(4)and (5)of this exclusion do not apply to "property damage" to.
not apply to the Incidental Medical borrowed equipment while not being used
Malpractice coverage afforded under to perform operations at a job site.
Paragraph 1.e.in Section A.-Coverages. Paragraph (6) of this exclusion does not
k. Damage To Property apply to"property damage"included in the
"Property damage"to: "products-completed operations hazard".
(1) Property you own, rent or occupy, I. Damage To Your Product
Including any costs or expenses "Property damage" to "your product"
Incurred by you, or any other person, arising out of It or any part of it.
organization or entity, for repair, m. Damage To Your Work
replacement, enhancement, 'Property damage" to "your work" arising
restoration or maintenance of such out of it or any part of It and included In the
properly for any reason, including prevention of Injury to a person or "products-completed operations hazard".
damage to another's property; This exclusion does not apply If the
(2) Premises you sell, give away or damaged work or the work out of which
the damage arises was performed on your
abandon,if the"properly damage"ar se
behalf by a subcontractor.
out of any part of those premises;
(3) Property loaned to you; n. Damage T Impaired Property Or
Property Not
Physically Injured
(4) Personal property in the care, custody "Property damage" to "impaired property"
or control of the insured; or property that has not been physically .
(5) That particular part of real property on injured,arising out of:
which you or any contractors or (1) A defect, deficiency, inadequacy or
subcontractors working directly or dangerous condition in "your product"
indirectly on your behalf are performing
operations, if the "properly damage" or"yourwork"; or
arises out of those operations;or (2) A delay or failure by you or anyone
(6) That particular part of any property acting on your behalf to perform a
that must be restored, repaired or contract or agreement In accordance
with Its terms,
replaced because "your work" was
Incorrectly performed on It. This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical Injury to
"Your product" or "your work" after It has
been put to its Intended use.
Form SS 00 08 04 05 Page 7 of 24
BUSINESS LIABILITY COVERAGE FORM
o. Recall Of Products, Work Or Impaired (a) Title of any literary or artistic work;
Property (8) Arising out of an offense committed by
Damages claimed for any loss, cost or an insured whose business Is:
expense Incurred by you or others for the (a) Advertising, broadcasting,
loss of use, withdrawal, recall, inspection, publishing or telecasting;
repair, replacement, adjustment, removal (b) Designing or determining content
or disposal of: of web sites for others;or
(1) "Your product"; (c) An Internet search, access,
(2) "Your work";or content or service provider,
(3) "Impaired property"; However, this exclusion does not
If such product, work or property Is apply to Paragraphs a., b. and c.
withdrawn or recalled from the market or under the definition of "personal and
from use by any person or organization advertising Injury" In Section G. —
because of a known or suspected defect, Liability And Medical Expenses
deficiency, Inadequacy or dangerous Definitions.
condition In it. For the purposes of this exclusion,
p. Personal And Advertising Injury placing an "advertisement" for or
"Personal and advertising injury": linking to others on your web site, by
itself, Is not considered the business
(1) Arising out of oral,written or electronic of advertising, broadcasting,
publication of material, if done by or at publishing or telecasting;
the direction of the insured with (9) Arising out of an electronic chat room
knowledge of Its falsity; or bulletin board the insured hosts,
(2) Arising out of oral,written or electronic owns, or over which the insured
publication of material whose first exercises control;
publication took place before the (10) Arising out of the unauthorized use of
beginning of the policy period; anther's name or product in your e-mail
(3) Arising out of a criminal act committed address, domain name or metatags, or
by or at the direction of the insured; any other similar tactics to mislead
(4) Arising out of any breach of contract, anther's potential customers;
except an Implied contract to use (11) Arising out of the violation of a
another's "advertising idea" in your person's right of privacy created by
"advertisement"; any state or federal act.
(5) Arising out of the failure of goods, However, this exclusion does not
products or services to conform with apply to liability for damages that the
any statement of quality or Insured would have In the absence of
performance made in your such state or federal act;
"advertisement"; (12) Arising out of:
(5) Arising out of the wrong description of the price of goods,products or services; (a) An "advertisement"
for others on
yourweb site;
(7) Arising out of any violation of any
intellectual property rights such as (b) Placing a link a web site of
copyright, patent, trademark, trade others on your web site;
name, trade secret, service mark or (c) Content from a web site of others
other designation of origin or displayed within a frame or bonier
authenticity. on your web site, Content includes
However, this exclusion does not Information, code, sounds, text,
graphics or images;or
apply to infringement, in your
"advertisement",of (d) Computer code, software or
(a) Copyright; programming used to enable;
(b) Slogan, unless the slogan is also (1) Your web site;or
a trademark, trade name, service (11) The presentation or functionality
mark or other designation of origin of an "advertisement" or other
or authenticity;or content on your web site;
Page 8 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(13) Arising out of a violation of any anti- (a) May be awarded or Incurred by
trust law; reason of any claim or suit
(14) Arising out of the fluctuation in price or alleging actual or threatened Injury
value of any stocks, bonds or other or damage of any nature or kind to
securities;or persons or property which would
not have occurred in whole or In
(15)Arising out of discrimination or part but for the"asbestos hazard';
humiliation committed by or at the (b) Arise out of any request, demand,
direction of any "executive officer", order or statutory or regulatory
director, stockholder, partner or requirement that any insured or
member of the insured. others test for, monitor, clean up,
q. Electronic Data remove, encapsulate, contain,
Damages arising out of the loss of, loss of treat, detoxify or neutralize or in
use of, damage to, corruption of, Inability any way respond to or assess the
to access, or Inability to manipulate effects of an"asbestos hazard";or,
"electronic data". (c) Arise out of any claim or suit for
r. Employment-Related Practices damages because of testing for,
"Bodily Injury"or"personal and advertising monitoring, cleaning up, removing,
Injury"to: thaptulating, containing, treating,
detoxifying or neutralizing or In any
(1) A person arising out of any: way responding to or assessing the
(a) Refusal to employ that person; effects of an"asbestos hazard".
(b) Termination of that person's t. Violation Of Statutes That Govern E-
employment;or Malls, Fax, Phone Calls Or Other
(c) Employment-related practices, Methods Of Sending Material Or
policies, acts or omisslons,such as information
coercion, demotion, evaluation, "Bodily Injury", "property damage", or
reassignment, discipline, "personal and advertising Injury" arising
defamation, harassment,humiliation directly or indirectly out of any action or
or discrimination directed at that omission that violates or is alleged to
person;or violate:
(2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection
sister of that person as a Act(TCPA), Including any amendment
consequence of "bodily injury" or of or addition to such law,
"personal and advertising Injury"to the (2) The CAN-SPAM Act of 2003,including
person at whom any of the any amendment of or addition to such
employment-related practices law;or
described in Paragraphs(a), (b),or(c) (3) Any statute, ordinance or regulation,
above is directed, other than the TCPA or CAN-SPAM Act
This exclusion applies: of 2003, that prohibits or limits the
(1) Whether the Insured may be liable as sending, transmitting, communicating or
an employer or in any other capacity; distribution of material or information.
and Damage To Premises Rented To You —
(2) To any obligation to share damages Exception For Damage By Fire, Lightning
with or repay someone else who must or Explosion
pay damages because of the Injury. Exclusions C. through Jr.and k.through o, do
s. Asbestos not apply to damage by Ore, lightning or
(1) "Bodily Injury', "property damage" or explosion to premises rented to you or
"personal and advartlsing Injury" temporarily occupied by you with permission of
arising out of the"asbestos hazard". the owner. A separate Limit of Insurance
(2) Any damages, judgments, settlements, applies to this coverage as described in
loss,costs or expenses that: Section D. - Liability And Medical Expenses
Limits Of insurance.
Form SS 00 08 04 05 Page 9 of 24
i
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage e. A trust, you are an Insured. Your trustees
We will not pay expenses for"bodily injury": are also their duties as urecis, but only with respect to
a. Any Insured 2. Each of the following is also an Insured:
To any Insured,except"volunteer workers".
a. Employees And Volunteer Workers
b. Hired Person
To a person hired to do work for or on behalf Your "volunteer workers" only while
of any insured or a tenant of any insured. performing duties related to the conduct of
your business, or your"employees", other
c. injury On Normally Occupied Premises than either your"executive officers"(if you
To a person Injured on that part of are an organization other than a
premises you own or rent that the person partnership,joint venture or limited liability
normally occupies, company) or your managers (if you are a
d. Workers' Compensation And Similar limited liability company), but only for acts
Laws within the scope of their employment by
To a person, whether or not an you or while performing duties related to
"employee" of any Insured, if benefits for the conduct of your business.
the "bodily Injury" are payable or must be However, none of these "employees" or
provided under a workers' compensation "volunteer workers"are insureds for:
or disability benefits law or a similar law. (1) "Bodily injury" or "personal and
e. Athletics Activities advertising Injury":
To a person injured while practicing, (a) To you, to your partners or
instructing or participating in any physical members (If you are a partnership
exercises or games, sports or athletic or joint venture), to your members
contests.
(if you are a limited liability
f. Products-Completed Operations Hazard while i i In the
or o a co•"employee"
whithe course of his or her II
Included with the "products-completed employment or performing duties
operations hazard". related to the conduct of your
g. Business Liability Exclusions business, or to your other
Excluded under Business Usbillty Coverage. "volunteer workers" while
performing duties related to the
C. WHO IS AN INSURED conduct of your business;
1. If you are designated In the Declarations as: (b) To the spouse, child, parent,
a. An individual, you and your spouse are brother or sister of that co-
insureds, but only with respect to the "employee" or that "volunteer
conduct of a business of which you are the worker" as a consequence of
sole owner. Paragraph(1)(9)above;
b. A partnership or joint venture, you are an (c) For which there is any obligation
Insured. Your members, your partners,and to share damages with or repay
a who must else pay
their spouses are also insureds,but only with someone e �
respect to the conduct of your business, damages because of the Injury
described In Paragraphs (1)(a) or
c. A limited liability company, you are an (b)above;or
insured. Your members are also Insureds,
but only with respect to the conduct of your (d) Arising out of his or her providing
business. Your managers are insureds, but or failing to provide professional
only with respect to their duties as your health care services.
managers. if you are not in the business of
d. An organization other than a partnership, providing professional health care
joint venture or limited liability company,you services, Paragraph (d) does not apply
are an insured. Your"executive officers"and to any nurse, emergency medical
directors are insureds, but only with.respect technician or paramedic employed by
to their duties as your officers or directors. you to provide such services.
Your stockholders are also Insureds,but only (2) "Property damage"to property:
with respect to their liability as stockholders. (a) Owned,occupied or used by,
Page 10 of 24 Form$S 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, In the care, custody or b. Coverage under this provision does not
control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage"
purpose by you, any of your that occurred;or
"employees", "volunteer workers", (2) "personal and advertising Injury"
a partnership or joint venture), or
any partner or member you are arising out of an offense committed
any member (if you are a limited before you acquired or formed the
liability Company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person(other than your"employee"or With respect to "mobile equipment" registered in
"volunteer worker"), or any organization your name under any motor vehicle registration
while acting as your real estate manager. law,any person is an insured white driving such
c. Temporary Custodians Of Your equipment along a public highway with your
`Property permission. Any other person or organization
responsible for the conduct of such person is
Any person or organization having proper also an Insured, but only with respect to liability
temporary custody of your property if you arising out of the operation of the equipment,and
die,but only: only if no other insurance of any kind Is available
(1) With respect to liability arising out of the to that person or organization for this liability.
maintenance or use of that property;and However,no person or organization is an Insured
(2) Until your legal representative has with respect to:
been appointed, a. "Bodily injury" to a co-"empteyee" of the
d. Legal Representative If You Die person driving the equipment;or
Ybur legal representative if you die, but b. "Property damage" to property owned by,
only with respect to duties as such. That rented to, in the charge of or occupied by
representative will have all your rights and you or the employer of any person who is
duties under this insurance. an insured under this provision.
e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft
Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that
yours which is a legally incorporated entity Is less than 51 feet long and is not being used
of which you own a financial interest of to carry persons for a charge,any person is an
more than 60% of the voting stock on the Insured while operating such watercraft with
effective date of this Coverage Part, your permission. Any other person or
The Insurance afforded herein for any organization responsible for the conduct of
subsidiary not shown In the herein
for
such person is also an Insured, but only with
as s named insured does not apply to respect to liability arising out of the operation
injury or damage with respect to which an In the watt any and only if no other
insured under this Insurance is also an person
rg any kind is available to that
insured under another policy or would be person or organization for this liability.
an insured under such policy but for Its However, no person or organization is an
termination or upon the exhaustion of its Insured with respect to:
limits of Insurance. a. "Bodily injury" to a co-"employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft;or
Any organization you newly acquire or form, b. "Property damage" to property owned by,
other than a partnership, joint venture or rented to, in the charge of or occupied by
limited liability company, and over which you you or the employer of any person who is
maintain financial Interest of more than 60% of an insured under this provision.
the voting stock, will qualify as a Named 5. Additional Insureds When Required By
Insured If there is no other similar Insurance Written Contract, Written Agreement Or
available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) Identified in
only unfit the 180th day after you acquire Paragraphs a, through f. below are additional
or form the organization or the end of the insureds when you have agreed, in a written
policy period,whichever is earlier,and
Form SS 00 08 04 05 Page 11 of 24
'dUSINESS LIABILITY COVERAGE FORM "
contract, written agreement or because of a (e) Any failure to make such
permit Issued b a state or political inspections, adjustments, tests or
subdivision, that such person or organization servicing as the vendor has
be added as an additional Insured on your agreed to make or normally
potcy, provided the injury or damage occurs undertakes to make in the usual
subsequent to the execution of the contract or course of business, in connection
agreement,or the issuance of the permit. with the distribution or sale of the
A person or organization Is an additional products;
Insured under this provision only for that (f) Demonstration, Installation,
period of time required by the contract, servicing or repair operations,
agreement or permit. except such operations performed
at the vendor's premises in
However, no such person or organization Is an connection with the sale of the
additional Insured under this provision if such product;
person or organization is Included as an Products which, after distribution
additional Insured by an endorsement Issued (g)_
by us and made a part of this Coverage Part, or sale you, have been labeled
Including all persons or organizations added or relabeled used a
as additional insureds under the specific container, part orr ingredient o of f any
additional Insured coverage grants in Section other thing or substance by or for
F.—Optional Additional Insured Coverages. the vendor;or
a. Vendors (h) "Bodily injury" or "property
damage arising out of the sole
Any person(s)or organization(s) (referred to negligence of the vendor for Its
below as vendor), but only with respect to own acts or omissions or those of
"bodily injury" or "property, damage" arising Its employees or anyone else
out of 'your products' which are distributed acting on its behalf. However,this
or sold in the regular course of the vendor's exclusion does not apply to:
business and only if this Coverage Part (1) The exceptions contained in
provides coverage for "bodily injury" or Subparagraphs(d)or(f);or
"property damage" included within the
"productscompleted operations hazard". (11) Such inspections, adjustments,
(1) The Insurance afforded to the vendor tests or servicing as the vendor
Is subject to the following additional has agreed to make or normally
exclusions: course
to make In the usual
course of business, in
This insurance does not apply to: connection with the distribution
(a) "Bodily injury" or "property or sale of the products.
damage" for which the vendor is (2) This Insurance does not apply to any
obligated to pay damages by Insured person or organization from
reason of the assumption of whom you have acquired such products,
liability in a contract or agreement. or any ingredient, part or container,
This exclusion does not apply to entering into, accompanying or
liability for damages that the containing such products.
vendor would have in the absence b. Lessors Of Equipment
of the contract or agreement;
(b) Any express warranty (1) Any person or organization from
unauthorized by you; whom you lease equipment; but only
with respect to their liability for"bodily
(c) Any physical or chemical change injury", "property damage" or
In the product made Intentionally "personal and advertising injury"
by the vendor; caused, In whole or in part, by your
(d) Repackaging, except when maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such
Inspection, demonstration, testing, person or organization.
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24 Form SS 00 08 04 05
REQUEST FOR MAYOR'S SIGNATURE
iiC l�N T
v,.,.,.�. .
Routing Informakion:
jj
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) / 't, n
( r
Approved By Dif?�ctor N -
Originator: Mark Madfal Phone (Originator): 253-85&-5521
Date Sent: 7/18/16 Date Required: 7/25/16
Return Signed Document to: Jemilll Davis Contract Termination Date: 12/31/16
VENDOR NAME: Date Finance Notified:A & M Constaltin (Only required on contracts 6/21/ 1 6
g 20 000 and over or on an Grant
DATE OF COUNCIL APPROVAL: N/A Date Risk Manager Notified:6/21/16
Re uired on Non-Ci Standard Contracts A reements
Has this Document been Specifically Account Number: R9OO67
Authorized in the Budget? ® YES NO
Brief Explanation of Document:
An Amendment is needed to increase the contract amount to cover the additional hours
necessary for the Consultant to complete this project.
e
J
All C eCJIBIthrough The Law Department
(This area to *e,�ompleted by the Law Department)
Received: ! `
Approval of Law Dept.:
Law Dept. Comments:
Date Forwarded to Mayo . �°
Shaded Areas To Be Completed By Administration Staff,
Received`:
Recommendations and Comments:
Disposition*
Date Returned:
c.�cmnFo ms�ooiimeoi vos.meweaua.uoi ,woes .qim.mox