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HomeMy WebLinkAboutPW16-225 - Amendment - #1 - Ott-Sakai and Associates, LLC - S 228th St UPRR Grade Separation - 05/27/2016 q My pp�� KEN T , !}.�+ Thu' Document 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: ID Edwards Number Contract Number: YEN d lr _ 2 zC5 - C?C 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: 12/2/16 Termination Date: 12/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Susanne Smith Department: Engineering Contract Amount: $0.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2017 due to additional construction _ consulting is needed. As of: 08/27/14 KENO" AMENDMENT NO. NAME OF CONSULTANT OR VENDOR: Ott-Sakai and Associates, LLC CONTRACT NAME & PROJECT NUMBER: S. 228`h St. UPRR Grade Separation ORIGINAL AGREEMENT DATE: May 27, 2016 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 necessary to extend the time of completion to December 31, 2017 due to additional construction consulting is needed. 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, $9,948.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $9,948.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $9,948.00 I AMENDMENT - 1 OF 2 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 365 calendar days Amendment Revised Time for Completion 12/31/17 (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: ✓� / B , (signature) ignature) Print Name: der//der",� Print Name: Timothy J. LaPorte, P.E. Its e '42a-1 Its Public Works Director (title) . title) DATE: DATE: e APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Ott-Sakal-22W UP Grade Sep VE Amd 1/Smith AMENDMENT - 2 OF 2 ®ps �9 Client#: 1045900 WILLIOTT2 sCORDTu, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDO/YYYY) 5/1 012 01 6 L. 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($),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME:Kibble & Prentice, a USI Co PR AICNN Ex$:206441-6300_ Fvc,No, 610-362.8530 601 Union Street, Suite 1000 E-MAIL PL.CertRe vest usi.biz Seattle,WA 98101 M.AU s: q @ INSURER(S)AFr-ORDING COVERAGE NAG 9 INSURERA:Travelers Indemnity Co.of Amer 25666 INSURED Ott-Sakai&Associates INSURER a:Navigators Insurance Company 42307 — I 14915 88th Place NE INSURER C: - I, Kenmore,WA 98028 INSURER D: INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMEDABOVE FDRTHE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONCH ION 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. INSUTR TYPE OF INSURANCE ADDL SUBR -_ POLICYEEF POLIDYEXP LTR i SR MD POLICY NUMBER MMIDDIYYYY MMIDDM^/Y LIMITS A X ODMMERCIAL GENERAL LIABILITY 6BOOD943278 04105/2D16 04/051201 EACHOCCURRENCE $11000000 GI-AIMS-MADE MX OCCUR DAtdAGE O oNcTED PREMISEsT ERa nr enee 11,000,000 MED EXP(Any one person)_ _$1 D 000 _- PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENER_AL_AGGREGATE $2,000,000 (�� POLICY LJ JECT M LOG PRODUCTS_-COMP/OP AEG s2,000 000 OTHER I $ A AUTOMOBILE LIABILITY 6800D943276 4/05/2016 04/05/201 COMBINED SINGLE LIMIT _Ea accident $1,000,_0_0_0_ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY P raccident) $ AUTOS AUTOS ( B NON-OWNED PROPERTY DAMAGE - X HIRED ALTOB X AUTOS Peraccidenit $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ _ _ $ A WORKERS COMPENSATION 680OD943278 4/05/2016 04/05/201 X PER oTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORPARTNEREXECUTIVE YIN OFFICERMEMBER EXCLUDED? l NIA (WA Stop Gap) E.L.EACH AccID ENT___ $1,000,000 [-NJ (Mandatory In NH) - E .DISEA_SE-EA EMPLOYEE $1 OOO DDD If yes,describB under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $1,000,000 B Professional CM16DPL0478431V 4/05/2016 0410512017 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 West Gowe ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2D14/01) i 1 of 1 The ACORD name and logo are registered marks of ACORD #S17835890/Ml7648012 VPSBC POLICY NUMBER: 680-OD943278-COF-16 EFFECTIVE DATE: 04-05-16 ISSUE DATE: 02-10-16 j 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 05 BUSINESSOWNERS COVERAGE PART DECO IL TO 01 01 01 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS IL T3 16 05 12 COMMON POLICY CONDITIONS - WASHINGTON IL T3 20 09 91 EARLIER NOT CANCEL/NONRENEWAL PROV BY US BUSINESSOWNER9 HP T1 30 02 05 TBL OF CONT-BUSINESSOWNERS COV-DELUXE MP Tl 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 5O 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 COMMERCLAL 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 COVERAGS - 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 - PEAS & ADV INJURY ON O1 13 11 03 EMPLOYERS DVERHEAD LIABILITY CG DO 37 04 05 OTHER INSURANCE-AD➢ITIONAL INSUREDS CG D2 03 12 97 AMEND-NON CUMULATION OF EACH OCC CG D3 79 09 07 ARCHITECT,ENGINEER,SURVEYOR XTEND MORS CG D4 13 04 08 AMENDMENT OF COVERAGE-COOLING-POLLUTIOM MP TI 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 8O 10 11 EXCL-ENGIN ARCHITECT OR SURVEY PROF LIAB CG D4 21 07 OS AMEND CONTRAC LIAR 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 CO T4 78 02 90 EXCLUSION-ASBESTOS '.. CG F2 66 11 03 WA CHANGES EMPLOY RELATED PRACTICES EXCL IL T8 01 01 01 PAGE. 1 OF 2 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-OD943278-COF-16 ISSUE DATE: 02-10-16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRE® 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 Il — 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 , 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 rasped 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 tr. Your 'employee" if the covered "auto" is Liability, other than exclusions a., b., d.,e.,f, and 1. 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 "emplayee"if the covered "auto" is a. "Bodily injury"to: leased, hired or rented by him or her or a (1) Any tallow"employee" of the insured member of his or her household under a 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 spect 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 trot or the insured. more; MP T1 25 11 63 Copyright,The Travelers Indemnity Company,2003 Pago 1 of 2 Includes copyrighted material of Insurance Services Office, Inc„with its permission. I 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: I 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 O. 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 O. 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 chided 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 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- q. 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 5. 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 (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 11) 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 respect to "bodily injury", added by another endorsement to this Cover- with Y 1 ry" "property damage", age Part. "personal injury" or "advertising injury" arising out 0. WHO IS AN INSURED - NEWLY ACQUIRED of the existence, ownership, use, maintenance, repair, construction, erection or removal of adver- OR FORMED ORGANIZATIONS 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 0. 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 11) 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 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 distress, resulting at any time from such S. UNINTENTIONAL OMISSION 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 shall not prejudice your rights under this in- 1- Subparagraph c. of the definition of "insured surance. contract" in DEFINITIONS (Section V) is 2. This Provision S. does not affect our right to deleted and replaced by the following: collect additional premium or to exercise our c. Any easement or license agreement; right of cancellation or ncnrenewal 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 e", "personal injury" the time of the physical injury that caused it; damag e", p � ry" 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