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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Washington Patrol Division
Vendor Number:
JD Edwards Number
Contract Number: U- .-1
This is assigned by City Clerk's Office
Project Name: Green River Natural Resources Area Security Patrol
Description: ❑ Interlocal Agreement ❑ Change Order 0 Amendment ❑ Contract
❑ Other:
Contract Effective Date: 5/11/17 Termination Date: 6/30/17
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Greg Reed Department: PW Operations
Contract Amount: $0.00
Approval Authority: (CIRCLE ONE) Department Director l Mayor City Council
y
Detail: (i.e. address, location, parcel number, tax id, etc.):
Extend the time of completion to .dune 30 2017
AS of: 08/27/1.4
,
•
KENT
WASHINGTON
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: Washington Patrol Division
CONTRACT NAME & PROJECT NUMBER: Green River Natural Resources Area Security Patrol
ORIGINAL AGREEMENT DATE: August 10, 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:
Provide security patrol visits to the Green River Natural
Resources Area for an additional month under the terms and
conditions of the original agreement.
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, $30,300.00
including applicable WSST
Net Change by Previous Amendments $0
including applicable WSST
Current Contract Amount $30,300.00
including all previous amendments
Current Amendment Sum $2,400.00
Applicable WSST Tax on this $0
Amendment
Revised Contract Sum $32,700.00
AMENDMENT - 1 OF 2
Original Time for Completion 5/31/17
(insert date)
Revised Time for Completion under n/a
prior Amendments
(insert date)
Add'l Days Required for this 30 calendar days
Amendment
Revised Time for Completion 6/30/17
(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 0 -TT:
By: By:
(signature) I/ (srignature)
Print Name: J/1S61v Print Name; Timothy J. LaPorte, P.E.
Its 414" f/"� --" Its Public Works Director
I(title) (ti e)
DATE. 0 DATE: 5-11 7-2,,�2 ee 7
APPROVED AS TO FORM,
(applicable if Mayor's signature required)
Kent Law Department
Washington PatrO Uiv&on-GRNRA Amid I/G Reed
AMENDMENT - 2 OF 2
ACORO' CERTIFICATE OF LIABILITY INSURANCE DAT
9/14/2o1614rz
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:
Hub International Northwest LLC PHONE 425 489-4500 FAX 425 485-8489
12100 NE 195th St. (A/C,No,Ext): ) (A/C,No): )
Suite 200 E-MAIL pD SS:now.info@hubinternational.com
Bothell,WA 98011
INSURER(S)AFFORDING COVERAGE NAIC C
INSURERA:Philadelphia Indemnity Insurance Company 18058
INSURED
INSURER B
Washington Patrol Division INSURER C:
Natalia LaZarte
3900 E.Valley Road H101 INSURER D:
Renton,WA 98057 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
tNSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR I O WVD POLICY NUMBER MM/DD/YYYY MM/DOIYYYY
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,00
CLAIMS-MADE X OCCUR X X PHPK1551271 09/21/2016 09/21/2017 DAMAGE TO RENTED 100 00
PREMISES(Ea occurrence) S
MED EXP(Any one person) $ 5,000
PERSONAL R ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000
j POLICY PRO-
JECT LOC PRODUCTS-COMP/OP AGG S 2,000,000
OTHER: WA STOP GAP $ 1,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,00(i
(Ea accident)
A X
ANY AUTO X X PHPK1551271 09/21/2016 09/21/2017 BODILY INJURY(Per person) S
ALL OWNED SCHEDULED BODILY INJURY(Per accident) S
AUTOS AUTOS PROPERTY DAMAGE
NON-OWNED (Per accident) $
HIRED AUTOS AUTOS
S
X UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 2,000,00
A EXCESS LIAR CLAIMS-MADE X X PHUB556364 09/21/2016 09/21/2017 AGGREGATE S 2,000,000
DED X RETENTIONS 10,000 S
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY STATUTE X ER
A ANY PROPRIETOR/PARTNER/EXECUTIVE YEN, N/A PHPK1551271 09/21/2016 09/21/2017 EL EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED
(Mandatory in NH) E L DISEASE-EA EMPLOYEE S 1,o00,0O
if
yes,describe under
DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT S 1,000,00
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is squired)
Certificate holder is additional Insured per endorsement but only as required by written contract.Umbrella policy follows form.
I
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Kent Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS.
Kent,WA 98032
AUTHORIZED REPRESENTATIVE
O 1988-2014 ACORD CORPORATION. All rights reserved.
f
PI-MANU-1 (01/00)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
PRIMARY INSURANCE ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Client(s) : Blanket where required by written contract
Type of Service: Any\All Services
Information required to complete this Schedule, if not shown above, will be
shown in the Declarations.
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Item 4. Other
Insurance
b. Excess Insurance is deleted as respects:
1. Any contract for security or investigative operations; or
2. Operations from the type of service listed for the client shown in the
endorsement SCHEDULE.
All other terms and conditions of this Policy remain unchanged.
Page 1ofI
POLICY NO.PHPK 15i 1271
PI-GLD-SG(02/09)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT:
SECURITY SERVICES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed that the following extensions only apply in the event that no other specific
coverage for these extensions are provided under this policy. If such specific coverage applies, the
terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this
policy,unless otherwise noted on this endorsement. The following is a summary of the Limits of
Insurance and additional coverages provided by this endorsement. For complete details on specific
coverages, consult the policy contract wording.
Coverage Applicable Limit of Insurance Page#
Damage to Premises Rented to You $1,000,000 2
Watercraft Used in Security 2
Services only
Medical Payments $20,000 2
Medical Payments-Extended Reporting Period 3 years 2
Supplementary Payments-Bail Bonds $2,500 3
Supplementary Payments-Loss of Earnings $500 per day 3
Employee Indemnification Defense Coverage for Employees $15,000 3
Additional Insured-Broadened Named Insured Included 3
Additional Insured -Managers and Supervisors Included 3
Additional Insured-Managers, Landlords,or Lessors of Included 3
Premises
Additional Insured-Lessors of Leased Equipment-Automatic Included 4
Status When Re uired in Lease Agreement With You _
Additional Insured-Grantors of Permits Included 4
Additional Insured-Blanket Additional Insureds by Contract Included 4
Limited Rental Lease Agreement Contractual Liability $50.000 5
Transfer of Rights of Recovery Against Others To Us Clarification 5
Duties in the Event of Occurrence, Offense. Claim or Suit Included 5
Unintentional Failure to Disclose Hazards Included 6
Liberalization Included 6
Bodily Injury- Mental Anguish Included 6
-- --------____---.` - --------- —
Assaultand BaEtery Coverage--with Property Damage Included � 6 —'
t
L Errors and Omissions Coverage Included i 7
j Incidental Medical Malpractice Included 9 J
Page 1 of 9
Q 2009 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office. Inc.. with its permission.
PI-GLD-SG(02/09)
A. Damage to Premises Rented to You
1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part,
the word fire is changed to fire. lightning,explosion, smoke, or leakage from automatic fire
protective systems where it appears in:
a. The last paragraph of SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions;
b. SECTION III—LIMITS OF INSURANCE, Paragraph 6.:and
c. SECTION V—DEFINITIONS, Paragraph 9.a.
2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part,
the words fire insurance are changed to insurance for fire, lightning,explosion, smoke, or leakage
from automatic fire protective systems where it appears in SECTION IV—COMMERCIAL
GENERAL LIABILITY CONDITIONS, Subsection 4.Other Insurance, Paragraph b. Excess
Insurance.
3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the
greater of:
a. S1,000,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.
This is the most we will pay for all damage proximately caused by the same event, whether such
damage results from fire, lightning, explosion, smoke,or leaks from automatic fire protective
systems or any combination thereof.
B. Watercraft
SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Subsection 2. Exclusions, Paragraph g.Aircraft,Auto Or Watercraft does not apply to
security services performed on or about watercraft.
C. Medical Payments—Limit Increased,Extended Reporting Period
If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:
1. The Medical Expense Limit is changed subject to all of the terms of SECTION Ill—LIMITS OF
INSURANCE to the greater of:
a. $20.000: or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.
2. Under SECTION I—COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 1.
Insuring Agreement. Paragraph a.. Item (b)is amended to read:
provided that.-
(b) The expenses are incurred and reported to us within three years of the date of the
accident: and
Page 2 of 9
2009 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office. Inc.. with its permission.
PI-GLD-SG (02/09)
D. Supplementary Payments
In the SUPPLEMENTARY PAYMENTS—COVERAGES A AND B provision, Items 1.b.and 1.d.are
amended as follows:
1. The limit for the cost of bail bonds is changed from$250 to$2,500; and
2. The limit for loss of earnings is changed from$250 a day to$500 a day.
E. Employee Indemnification Defense Coverage
In the SUPPLEMENTARY PAYMENTS—COVERAGES A AND B provision, the following is added:
We will pay,on your behalf,defense costs incurred by an"employee"in a criminal proceeding.
The most we will pay for any"employee"who is alleged to be directly involved in a criminal
proceeding is$15,000 regardless of the numbers of"employees,"claims or"suits"brought or persons
or organizations making claims or bringing"suits."
F. Who is an Insured
SECTION 11—WHO IS AN INSURED is amended as follows:
1. If coverage for newly acquired or formed organizations is not otherwise excluded from this
Coverage Part, Paragraph 3.a. is changed to read:
a. Coverage under this provision is afforded until the end of the policy period;
2. Each of the following is also an insured:
a. Broadened Named Insured—Any organization and subsidiary thereof which you control and
actively manage on the effective date of this Coverage Part. However, coverage does not
apply to any organization or subsidiary not named in the Declarations as Named Insured, if
they are also insured under another similar policy, but for its termination or the exhaustion of
its limits of insurance.
b. Managers and Supervisors—If you are an organization other than a partnership or joint
venture. your managers and supervisors are also insureds, but only with respect to their
duties as your managers and supervisors.
c. Managers, Landlords, or Lessors of Premises—Any person or organization with respect
to their liability arising out of the ownership, maintenance or use of that part of the premises
leased or rented to you subject to the following additional exclusions:
This insurance does not apply to:
(1) Any"occurrence"which takes place after you cease to be a tenant in that
premises;or
(2) Structural alterations, new construction or demolition operations performed by or on
behalf of that person or organization.
Page 3 of 9
2009 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office. Inc., with its permission.
PI-GLD-SG(02/09)
d. Lessors of Leased Equipment—Automatic Status When Required in Lease Agreement
With You—Any person or organization from whom you lease equipment when you and such
person or organization have agreed in writing in a contract or agreement that such person or
organization is to be added as an additional insured on your policy. Such person or
organization is an insured only with respect to liability for"bodily injury," "property damage"
or"personal and advertising injury"caused, in whole or in part, by your maintenance,
operation or use of equipment leased to you by such person or organization.
A person's or organization's status as an additional insured under this endorsement ends
when their contract or agreement with you for such leased equipment ends.
With respect to the insurance afforded to these additional insureds, this insurance does not
apply to any"occurrence"which takes place after the equipment lease expires.
e. Grantors of Permits—Any state or political subdivision granting you a permit in connection
with your premises subject to the following additional provision:
(1) This insurance applies only with respect to the following hazards for which the state or
political subdivision has issued a permit in connection with the premises you own, rent or
control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection,or removal of advertising
signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes,
marquees, hoist away openings, sidewalk vaults, street banners or decorations and
similar exposures;
(b) The construction, erection, or removal of elevators; or
(c) The ownership, maintenance, or use of any elevators covered by this insurance.
f. Blanket Additional Insureds by Contract—Any person or organization for whom you are
performing operations when you and such person or organization have agreed in writing in a
contract or agreement that such person or organization be added as an additional insured on
your policy. Such person or organization is an additional insured only with respect to liability
for"bodily injury,""property damage"or"personal and advertising injury"caused, in whole or
in part, by:
(1) Your acts or omissions:or
(2) The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured.
A person's or organization's status as an additional insured under this endorsement ends
when your operations for that additional insured are completed.
With respect to the insurance afforded to these additional insureds, the following additional
exclusions apply:
This insurance does not apply to:
(1) "Bodily injury,""property damage"or"personal and advertising injury" arising out of the
rendering of, or the failure to render, any professional architectural, engineering or
surveying services. including:
Page 4 of 9
?2009 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office, Inc.,with its permission.
PI-GLD-SG(02I09)
(a) The preparing, approving.or failing to prepare or approve, maps. shop drawings,
opinions, reports. surveys. field orders, change orders or drawings and specifications:
or
(b) Supervisory, inspection, architectural or engineering activities.
(2) "Bodily injury"or"property damage"occurring after:
(a) All work, including materials, parts or equipment furnished in connection with such
work,on the project(other than service,maintenance or repairs)to be performed by
or on behalf of the additional insured(s)at the location of the covered operations has
been completed: or
(b) That portion of"your work"out of which the injury or damage arises has been put to
its intended use by any person or organization other than another contractor or
subcontractor engaged in performing operations for a principal as a part of the same
project.
G. Limited Rental Lease Agreement Contractual Liability
The following is added to SECTION I—COVERAGES.COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions. Paragraph b.Contractual Liability:
(3) Based on the named insured's request at the time of claim.we agree to indemnify the
named insured for their liability assumed in a contract or agreement regarding the rental
or lease of a premises on behalf of their client, up to$50,000.
This coverage extension only applies to rental lease agreements. This coverage is
excess over any renter's liability insurance of the client.
H. Transfer of Rights of Recovery Against Others To Us
As a clarification, the following is added to SECTION IV—COMMERCIAL GENERAL LIABLITY
CONDITIONS, Paragraph 8.Transfer of Rights of Recovery Against Others To Us:
Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a
loss, provided the waiver is made in a written contract.
1. Duties in the Event of Occurrence,Offense,Claim or Suit
1. When you report an"occurrence"(coverage for which is provided by this policy)to your
compensation insurance carrier.and this"occurrence"later develops into a liability claim.
failure to report such"occurrence"to us at the time of such"occurrence"shall not be deemed in
violation of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS. Paragraph 2.
Duties in the Event of Occurrence,Offense, Claim or Suit.
This is upon the distinct understanding and agreement however, that you, the insured, as soon as
rnade aware that this particular"occurrence" is a liability case. rather than a compensation case
shall give us notification immediately.
2. The requirement in Condition 2.a.of SECTION IV—COMMERCIAL GENERAL LIABILITY
CONDITIONS that you must see to it that we are notified as soon as practicable of an
"occurrence'or an offense, applies only when the"occurrence"or offense is known to:
Page 5 of 9
`?2009 Philadelphia Indemnity Insurance Company
Includes copyrighted Material of Insurance Services Office. Inc..with its permission.
PI-GLD-SG(02/09)
a. You, if you are an individual;
b. A partner. if you are a partnership: or
c. An"executive officer"or insurance manager.if you are a corporation.
3. The requirement in Condition 2.b.of SECTION IV—COMMERCIAL GENERAL LIABILITY
CONDITIONS that you must see to it that we receive notice of a claim or"suit"as soon as
practicable will not be considered breached unless the breach occurs after such claim or"suit"is
known to:
a. You, if you are an individual;
b. A partner, if you are a partnership: or
c. An"executive officer"or insurance manager,if you are a corporation.
J. Unintentional Failure To Disclose Hazards
It is agreed that,based on our reliance upon your representations as to existing hazards, if you
should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this
Coverage Part,we shall not deny coverage under this Coverage Part because of such failure.
K. Liberalization
If we revise this endorsement to provide more coverage without additional premium charge,we will
automatically provide the additional coverage to all endorsement holders as of the day the revision is
effective in your state.
L. Bodily Injury—Mental Anguish
SECTION V—DEFINITIONS, Paragraph 3. is changed to read:
"Bodily injury":
a. Means bodily injury, sickness or disease sustained by a person,and includes mental anguish
resulting from any of these;and
b. Except for mental anguish, includes death resulting from the foregoing(Item a. above)at any
time.
M. Assault and Battery with Extended Property Damage
SECTION I—COVERAGES. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
LIABILITY. Subsection 2. Exclusions. Paragraph a.is deleted in its entirety and replaced by the
following:
a. Expected or Intended Injury
Bodily injury'or'property damage"expected or intended from the standpoint of the insured.
This exclusion does not apply to:
Page 6 of 9
2009 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office. Inc.. with its permission.
PI-GLD-SG(02109)
(1) "Bodily injury"or"property damage"resulting from the use of physical force to protect
persons or property:or
(2) Allegations of vicarious liability on the part of a Named Insured arising solely from the
acts of your"employees." However, acts of your"employees"shall not include theft.
N. Errors and Omissions Coverage
1. SECTION I—COVERAGES. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
LIABILITY is amended by adding the following:
ERRORS AND OMISSIONS
This insurance applies to negligent acts, errors or omissions committed by you relating to your
services described in the Declarations.
2. SECTION I—COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY
LIABILITY is amended by adding the following:
ERRORS AND OMISSIONS
The insurance that applies to"personal injury" includes negligent acts,errors or omissions
committed by you relating to your services described in the Declarations.
3. SECTION I—COVERAGES is amended by adding the following:
COVERAGE D—ERRORS AND OMISSIONS LIABILITY
a. Insuring Agreement
(1) We will pay those sums that the insured becomes legally obligated to pay as damages
because of errors or omissions committed by you relating to your services described in
the Declarations. However,we will have no duty to defend the insured against any"suit"
seeking damages for errors or omissions committed by the insured to which the
insurance does not apply. We will have the right and duty to defend any"suit"seeking
those damages. We may,at our discretion, investigate any claim or"suit"that may
result. But:
(a) The amount we will pay for damages is limited as described in SECTION III—LIMITS
OF INSURANCE: and
(b) Our right and duty to defend ends when we have used up the applicable limit of
insurance in the payment of judgments or settlements under Coverages A. B, or D,
or medical expenses under Coverage C.
No other obligation or liability to pay sums or perform acts or services is covered unless
explicitly provided for under SUPPLEMENTARY PAYMENTS—COVERAGES A, B,
AND D.
(2) This insurance applies only if the error or omission occurs during the policy period.
b. Exclusions
This insurance does not apply to:
Page 7 of 9
Q 2009 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office. Inc., with its permission.
PI-GLD-SG(02!09)
(1) -Bodily injury"or"property damage
(2) "Personal and advertising injury";
(3) Intentional injury, nor injury arising out of willful violation of a penal statute or ordinance.
committed by or with the knowledge or consent of the insured;
(4) Any claim seeking relief or redress in any form other than monetary damages;
(5) Any claim arising out of any insured's activities,or as a fiduciary, under the Employment
Retirement Income Security Act of 1974, any amendments or any regulation or order
issued thereto;
(6) Any claim arising from warranties or guarantees made by any insured;
(7) Liability assumed by the insured under any contract or agreement. This exclusion does
not apply to liability for damages:
(a) That the insured would have in the absence of the contract or agreement; or
(b) Assumed in a contract or agreement that is an insured contract;
(8) Liability arising from any fraudulent, dishonest, or criminal act of any insured;
(9) Liability arising from a claim made by a parent or subsidiary organization of the insured or
another subsidiary organization of such parent or other subsidiary, nor any officer,
director or"employee"of any of the above; and
(10) Any claim alleging, arising out of, resulting from, based upon or in consequence of,
directly or indirectly, any employment practices or any discrimination against any person
or entity on any basis; additionally, any actual or alleged violation of the Fair Labor
Standards Act or any similar law or regulation applicable to the payment of wages or
overtime.
c. SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended to read
SUPPLEMENTARY PAYMENTS—COVERAGES A, B,AND D
d. SECTION III—LIMITS OF INSURANCE is amended as follows:
(1) Item 2. is replaced by the following:
2. The General Aggregate Limit is the most we wilt pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages because of"bodily injury"or
'property damage" included in the"products-completed operations hazard";
c. Damages under Coverage B:and
d. Damages under Coverage D.
(2) Item 5. is replaced by the following:
Page 8 of 9
,D 2009 Philadelphia Indemnity Insurance Company
Includes copyrighted material of Insurance Services Office. Inc., with its permission.
PI-GLD-SG(02/09)
5. Subject to 2. or 3.above, whichever applies, the Each Occurrence Limit is the most
we will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C,
because of all"bodily injury"and "property damage"arising out of any one
"occurrence"; and
c. Damages under Coverage D.
e. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.
Other Insurance is amended as follows:
(1) The first paragraph is replaced by the following:
If other valid and collectible insurance is available to the insured for a loss we cover
under Coverages A, B,or D of this Coverage Part, our obligations are limited as follows:
(2) Paragraph b. Excess Insurance. Item(2)is replaced by the following:
When this insurance is excess, we will have no duty under Coverages A. B.or D to
defend the insured against any claim or"suit" if any other insurer has a duty to defend the
insured against that claim or"suit." If no other insurer defends,we will undertake to do
so, but we will be entitled to the insured's rights against all those other insurers.
O. Incidental Medical Malpractice
We will pay for injury arising out of the rendering of or failure to render the following treatment or
services by an "employee"for an accident occurring during the policy period:
1. First aid treatment including cardiopulmonary resuscitation(CPR);and
2. Medical, surgical, dental, x-ray, or nursing service or treatment,or the furnishing of food or
beverages in connection therewith: and the furnishing or dispensing of drugs,or medical, dental,
or surgical supplies or appliances.
However, this coverage does not apply to any insured or to any entity engaged in the business or
occupation of providing the services or treatments described in 1. and 2. above.
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,D 2009 Philadelphia Indemnity Insurance Company
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