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HomeMy WebLinkAboutPK18-120 - Original - Broderick Architects - Riverbend Golf Course Pro-Shop Expansion - 03/23/2018 KE0 ofth 1117�K r:N.TKecords Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have ciLlestions, please contact the City Clerk's Office at 253-856-5725. F-1 Blue/Motion Sheet Attached F-1 Pink Sheet Attached Vendor Name: Broderick Architects Vendor Number (JDE): 35125 --------_----- ------.............. Contract Number (City Clerk): -Q.0 Category: Contract Aqreement ------......­...-............ ---------- Sub-Category (if applicable): an, ih,rn. Project Name: Riverbend Golf Course Pro Shop Expansion Contract Execution Date: 03/23/18 Termination Date: 12/31/18 Contract Manager: Nancy Clary Department: Parks Contract Amount: 6 7'00 00 Approval Authority. Ej Director E] Mayor F-1 City Council X Facilities Superintendent Other Details: ............ ...... ...... • KENT W 3 n I N O T O n PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Broderick Architects THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Broderick Architects organized under the laws of the State of Washington, located and doing business at 55 S. Atlantic St., #301, Seattle 98134, Kevin J. Broderick, 206 682-7525, info@broderickarchitects.com (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City; Riverbend Golf Course Pro-Shop Expansion Project, as described in the Scope of Services attached and Incorporated as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement, and Contractor shall complete the work by December 31, 2018. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Six thousand, seven hundred dollars and no cents, ($6,700) for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PROFESSIONAL SERVICES AGREEMENT - 1 ($20,000 or Less) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, Injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. In the event Contractor refuses tender of defense In any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. X. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. PROFESSIONAL SERVICES AGREEMENT - 2 ($20,000 or Less) C. Resolution of Disl2utes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; l2rovided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering Into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor In Its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PROFESSIONAL SERVICES AGREEMENT - 3 ($20,000 or Less) 3. Counters .��ts and .13j_g—natures by Fax oL_E-qic_2fll. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF KENT: /Rvzl�� (signature) (signature),-,, '1-- Print Name:- Print Name: Alex Ackley��dtlities Superintendent Its: Its; Parks, Recreation and Community (title) Services DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Kevin 3. Broderick, AIA Nancy Clary Broderick Architects City of Kent 55 S. Atlantic St., #301 220 Fourth Avenue South Seattle, WA 98134 Kent, WA 98032 206 682-7525 (telephone) (253) 856-5084 (telephone) (facsimile) (253) 856-6080 (facsimile) PROFESSIONAL SERVICES AGREEMENT - 4 ($20,000 or Less) � � ... � '. .. � � .. .ram. . .. � '., �?.. 1 t... _....... tl .,. ��.�.;i�.-��`�.,,tea.. ..fit;. ..f .. .. DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mentai or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this d day of MA41V -L. , 201z By: For: �- ��•�+++Lt,kCti�f` Title; _ 14Da" c S Date: to EEO COMPLIANCE DOCUMENTS - 1 15r C�--�x�~�. � ��•r� Q�Y�-alp CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A F_ BRODERICK ARCHITECTS February 19, 2018 Alex Ackley Pete Peterson Facilities / Parks Recreation & Community Services Riverbend Golf Complex 220 Fourth Avenue South, Kent WA 98032 2019 W Meeker Street, Kent WA 98032 RE: Riverbend Golf Complex, Kent, Washington Dear Pete and Alex, Broderick Architects is pleased to submit this proposal for Architectural Design Services associated with the Riverbend Golf Course Pro-Shop Expansion. Enclosed you will find: 1) Project Description 2) Proposed Scope of Services 3) Fee Schedule PROJECT DESCRIPTION The proposed project location is at the Riverbend Golf Complex, 2019 W Meeker Street, Kent WA. Pursuant to my meeting with Pete last week we are moving forward with the permitting and construction of the expansion and refurbishment of the Golf Course Pro-Shop. The goal is to expand and refurbish the pro-shop POS counter, provide additional retail space for soft goods, a rental club storage room and space for golf league information displays. This will involve an expansion into the vacant restaurant space to the east. With the HVAC equipment all being new the pro-shop unit may be able to accommodate the expansion, or we can tap into the restaurant system. As part of the project we will also be upgrading the lighting throughout the enlarged space. SCOPE OF SERVICES We recommend that the overall architectural design services be broken into the following phases: Phase One— Pre-Design / Schematic Design 1 . Perform a site analysis, including review of the zoning and building codes as they pertain to your facility. 2. Detailed building analysis and documentation of the existing space, structural elements, and wall construction. 3. Coordinate with a General Contractor for preliminary pricing. Phase Two— Permit & Construction Documents 1 . Refine and develop approved floor plans, interior elevations and building sections. 2. Prepare construction documents necessary for permitting and the construction of the project, including but not limited to the following: a. site plan b. detailed floor plans c. detailed casework plans & elevations d. miscellaneous interior elevations e. finish plans f. reflected ceiling plans and bracing details g. power & data plans h. wall sections 3. Coordinate with electrical and mechanical design / build contractors. 4. Prepare documents for application for a building permit. 5. Submit the Construction Documents to City of Kent Permit Center. 6. Coordinate with the City to keep the project moving and on track once submitted. Phase Three —Construction Administration 1 . Assist in the bidding process including: attend walk-throughs with the general contractors and sub-contractors bidding the project, respond to clarifications inquiries, and issue addenda. 2. Once construction begins, attend weekly on-site coordination meetings to review the progress and quality of construction. 3. Provide timely responses to questions as they develop in the field. 4. Review contractor submittals for accuracy and continuity among various trades. 5. Prepare construction memos and a final punchlist. FEE A. We are very flexible in structuring the fee arrangement to meet your preference and comfort level. I propose a scenario that establishes a fee based on hourly rates with a cap. Given our understanding of the Scope of the Project, I am attempting to keep the fee as reasonable as possible while still providing the services I feel the project deserves and will require. Phase One — Pre-Design / Schematic Design: Fee Based on Hourly Rates Not to Exceed $1,100 (approximately 10 hours) Phase Two — Permit & Construction Documents: Fee Based on Hourly Rates Not to Exceed $5,600 (approximately 45 hours) SUBTOTAL: $6,700 Phase Three—Construction Administration: Fee Based on Hourly Rates as Required or Requested Our hourly rates are as follows: Principal - at a rate of $130.00 per hour. Staff Architect - at a rate of $110.00 per hour. BIM Manager - at a rate of $100.00 per hour. Technical Level Il - at a rate of$95.00 per hour. Technical Level III - at a rate of $85.00 per hour. In the event we do not need to spend the anticipated time to complete the scope of services you will only be invoiced for the hours actually spent on your project. B. To control our cost and keep our fees as competitive as possible we have made the following assumptions: 1 . Broderick Architects will work directly with Alex Ackley and Pete Peterson, or another authorized project representative. 2. Broderick Architects is relying solely on the information provided by the Owner and a visual inspection of the site as a basis for performing the requested design services. Any unforeseen conditions encountered within the existing site conditions along with any owner-initiated revisions to the accepted design will be tracked and billed on an hourly basis. 3. All fees noted are exclusive of standard reimbursable expenses. These include all printing, plots, reproduction, special mailing expenses, etc. C. Consulting Services: 1 . Given the conceptual nature of this exercise we do not anticipate involving any engineers or consultants. D. Additional Architectural Services: Other services detailed below will be tracked and invoiced by hourly rates in addition to the fees outlined above. These activities are project specific and it is virtually impossible to accurately estimate the amount of time required. These include meetings, coordination and preparation for meetings with the local jurisdiction, required public meetings. E. Services not included in this proposal: 1 . Soils test, Phase I and Phase II Environmental Reports, ALTA Survey, wetland delineations, traffic studies, permit fees, or special inspections. 2. Work resulting from owner-initiated revisions following acceptance of the design. 3. Detailed estimates of construction cost. Please keep in mind that the staff at Broderick Architects is very flexible and service oriented. You may decide you do not wish us to perform all of the recommended services listed above. We will gladly work with you to revise the fee based on your specific requirements. Alex and Pete, we are prepared to proceed immediately with this project and are excited about the opportunity to continue to work with you. If the above meets with your approval, please execute and return a copy of this agreement to my office. This will serve as our formal notice to proceed. Please call if you have any questions or require any additional information. Sincerely, K__)S1`'�--�—J--- Kevin J. Broderick, AIA ACCEPTED: City of Kent/ Riverbend Golf Complex date BRODARC-01 NCHRISTIANSEN DATE V CERTIFICATE OF LIABILITY INSURANCE 08/091201710912017 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 pollcy(les)must have ADDITIONAL INSURED provisions or 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 ACT Madras Office PA�cNo1Ext):(641)476-2249 — FAX N.I(54fl 475-8842 PryoWest Insurance,Inc. — P.O Box 680 Madras,OR97741 INSURER(s)AFFORDING COVERAGE _ NAIC0 INSURER A.National Fire his of Hartford 20478 -_ INSURED INSURER B: -- Broderick Architects,PLLC INSURER C: — - 66 South Atlantic Street,Suite 301 INSURER 0: - -- Seattle,WA 98134 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE OF INSUNCETHE INSURED NAMED ABOVE FOR THE INDICATED. NOTWITHSTANDING ANYCIES REQU REM NTa TERMI STED OR CONDITION OF ANY CONTRACBELOW HAVE BEEN ISSUED TT OR OTHER DOCUMENT WITH RESPECT TOLICY WHICH TIHIS 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 F SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. —— AOOL U8R POLICY EFF POLICY EXP LIMITS INSR TYPE OF INSURANCE POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 � DAMAGE TO RENTED 300 000 CLAIMS-MADE L^J OCCUR 94086724 06l08I2017 OBl0812016 DAgEMISEs - 5 ___ ' 10,000 MEO EXP(Any one person S _ --- - -- PERSONAL&ADV INJURY S 2,000,000 GENERAL AGGREGATE S 4,000,000 GEML AGGREGATE LIMIT APPLIES PER' 4,000,000 POLICY t --I PHCT L_I LOC PRODUCTS•COMP/OP AGG S OTHER CCOOMBBIIN eD SINGLE LIMIT S 1,000,000 A AUTOMOBILE LIABILITY -ANY AUTO 6094066724 06108/2017 06108/2018 BODILY INJURY Perperson) S OWNED SCHEDULED BODILY INJURY PereC=dent 5 HIURTEOQS ONLY X NUpTNOpSyy���p �fOa=AMAGE S X AUTOS ONLY __ AUTOS ONLY - - S UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LiAB CLAIMS-MADE AGGREGATE DED RETENTIONS $ PER O WORKERS COMPENSATION TM - AND EMPLOYERS'LIABI y f N ANY PRRO/P�RIIETBOERRIPARTNERIExECUTIVE (—"J NIA EL EACHACGIDENT S lance of ryln tF H)EXCLUDED? U M ---- �- E L DSEASE•EA EMPLOYEE If yes,tlescnbe under E.L DISEASE•POLICY LIMIT S DESCRIPTION OF OPERATIONS below .—T DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may bo attached If more space Is required) RE:Riverbend Golf Complex City of Kent is an additional Insured per endorsement SB-146932-E. Insurance is primary and non-contributory and a waiver of subrogation applies per endrosement SB-146932-E. Seperation of Insureds perform SB-300000-D. 30 Day Notice of Cancellation per endorsement SB-147052-B. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 2019 W Meeker Street Kent,WA 98032 AUTHORIZED REPRESENTATIVE I in uu%�— ACORD 26(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ��44GB3�E CNA (Ed. O8/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 0[ CAREFULLY. BLANKET ADDITIONAL INSURED _ LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BQS|NEGSOVVNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverageendorsement does not apply oo any person or organization covered as an additionalinauredonanyotherendocmementmmworhereofterattanhmdtothisPu|iny. i. ADDITIONAL INSURED— BLANKET VENDORS h. "Bodily injury" or or '�property damage" arising out of the sole negligence of the vendor for its own acts or omission or those of its employees or anyone a|me acting on its beha,|f. However, this exclusion does not with respect to "bodily apply to: injury" or "property damage" arising out of "your (1) The s contained in products"which are distributed or sold in the regular GubpareQraphmd. orf,; or course of the vendor's businesa, subject to the (2) --- inspections,' adjustments. bv u ba or, foNom>mgadditional mxc|ueiono� |. ingas-he vendor has agreed to 1. The insurance afforded the vendor does not make or normally undertakes to make app�ho� in the usual course of business, in ' connection with the distribution or sale a. "BodU\y injury" or "pro damage" for of the products. which the vendor is obligated to pay damages by reason of the assumption of 2. This insurance does not apply to any insured liability in m oomtnaui or agreement, This person or organization, from whom you have exclusion does not apply to liability for acquired such pnodu/±a, or any ingnadientpartp� damages that the vendor would have �n the or conte|mer, entering into, accompanying or absence of the contract mragreement; containing such products, b. Any express warranty unauthorized byyou; 3. This provision 2. does not apply to any vendor c. Any physical or chemical change in the included as an insured by an *ndonaamentimmu�� byusandmede � p��ofthiopo|ioy� pmductmade intentimnaUyby the vendor; 4. This provision 2. does not apply if"bodily injury" d. Repackaging, o, "property damage" included within the for the purpose or inspection, "prod ucts-comp|eded operations hazard" is demonstration, testing, or the substitution of excluded either,by the provisions ofthe Policy or parts under instructions from the by endorsement, manufacturer, and then repackaged in the original container; 2. MISCELLANEOUS ADDITIONAL INSUREDS e. Any failure to make such inspections, WHO IS AN INSURED is amended toinclude as an adjumtmmnte, tests or servicing as the im%ured any person or organization (called additional vendor has agreed to make or normally insured) described in re h 2.a. through 2.h. undertakes to make inthe usual course of below whom you are required to add as an business, in connection with the distribution additional insured on this policy under a written or sale of the products; contract nr agreement but the written contract or f. Demonstration, installation, servicing or agreement must be: repair operatiuno, except such operations 1. Currently in effect nrbecoming effective during performed at the vendor's premises in the term nf this policy; and connection vvO the sale of the product; 3. Executed prior to the "bodily injury," "property B. Products which, after distribution or sale by damage" or "personal and advertising injury," you. have been labeled or relabeled orused but as e oontaimmr, part or ingredient of any Only the following persons or organizations are other thing or substance by or for the additional insureds under this endorsement and vendor; or coverage ,provided to such addifiuna\ insureds is limited ao provided herein" SB-146832-E Page 1pf5 CNA SB-1 . 06/1 E (Ed. 06/11) a. Additional Insured—Your Work (b) The construction, erection, or removal of elevators; or That person or organization for whom you do work is an additional insured solely for (2) This insurance applies only with respect liability due to your negligence specifically to operations performed by you or on resulting from your work for the additional your behalf for which the state or insured which is the subject of the written political subdivision has issued a permit. contract or written agreement. No coverage This insurance does not apply to "bodily applies to liability resulting from the sole injury," "property damage" or "personal and negligence of the additional insured. advertising injury" arising out of operations The insurance provided to the additional performed for the state or municipality. insured is limited as follows: c. Controlling Interest (1) The Limits of Insurance applicable to Any persons or organizations with a the additional insured are those controlling interest in you but only with specified in the written contract or respect to their liability arising out of: written agreement or in the Declarations of this policy, whichever is less. These (1) Their financial control of you; or Limits of Insurance are inclusive of, and (2) Premises they own, maintain or control not in addition to, the Limits of while you lease or occupy these Insurance shown in the Declarations. promises. (2) The coverage provided to the additional This insurance does not apply to structural insured by this endorsement and alterations, new construction and demolition paragraph F.9. of the definition of ,,. operations performed by or for such insured contract under Liability and additional insured. Medical Expenses Definitions do not apply to "bodily injury" or "property d. Managers or Lessors of Premises damage" arising out of the "products- completed operations hazard" unless A manager or lessor of premises but only required by the written contract or with respect to liability arising out of the written agreement. ownership, maintenance or use of that specific part of the premises leased to you (3) The insurance provided to the additional and subject to the following additional insured does not apply to"bodily injury," exclusions: "property damage," or "personal and advertising injury' arising out of the This insurance does not apply to: rendering or failure to render any (1) Any "occurrence" which takes place professional services. after you cease to be a tenant in that b. State or Political Subdivisions premises; or A state or political subdivision subject to the (2) Structural alterations, new construction following provisions: or demolition operations performed by or on behalf of such additional insured. (1) This insurance applies only with respect to the following hazards for which the e. Mortgagee,Assignee or Receiver state or political subdivision has issued A mortgagee, assignee or receiver but only a permit in connection with premises with respect to their liability as mortgagee, you own, rent, or control and to which assignee, or receiver and arising out of the this insurance applies: ownership, maintenance, or use of a (a) The existence, maintenance, repair, premises by you. construction, erection, or removal of This insurance does not apply to structural advertising signs, awnings, alterations, new construction or demolition canopies, cellar entrances, coal operations performed by or for such holes, driveways, manholes, additional insured. marquees, hoistaway openings, sidewalk vaults, street banners, or f. Owners/Other Interests—Land is Leased decorations and similar exposures; An owner or other interest from whom land or has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that SB-146932-E Page 2 of 5 (Ed. 06/11) CNASS-146932-E (Ed. 06111) specific part of the land leased to you and a,hrpNtI�� 'tief �rCfl(ettrafefrNent subject to the following additional exclusions: �� This insurance does not apply to: (1) Any "occurrence" which takes place 4. LEGAL LIABILITY—DAMAGE TO PREMISES after you cease to lease that Land; A. Under B. Exclusions, 1. Applicable to or Business Liability Coverage, Exclusion k. (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition following: operations performed by or on k. Damage To Property behalf of such additional insured. "Property damage"to:: g. Co-owner of Insured Premises 1. Property you own, rent or occupy, A co-owner of a premises co-owned by you including any costs or expenses and covered under this insurance but only incurred by you, or any other with respect to the co-owners liability as co- person, organization or entity, for owner of such premises, repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such property for any reason, including Any person or organization from whom you prevention of injury to a person or lease equipment. Such person or damage to another"s property; organization are insureds only with respect 2. Premises you sell, give away or to their liability arising out of the abandon, if the "property damage" maintenance,, operation or use by you of arises out of any part of those equipment leased to you by such person or organization. A person"s or organization"s premises; status as an insured under this 3. Property loaned to you; endorsement ends when their written contract or agreement with you for such 4. Personal property in the care, leased equipment ends. custody or control of the insured; With respect to the insurance afforded 6. That particular part of any real these additional insureds, the following property on which you or any additional exclusions apply. contractors or subcontractors working directly or indirectly in your This insurance does not apply: behalf are performing operations, if (1) To any "occurrence" which takes place the "property damage" arises out of after the equipment lease expires; or those operations; or (2) To "bodily injury," "property damage" or 6. That particular part of any property "personal and advertising injury" arising that must be restored, repaired or out of the sole negligence of such replaced because your work" was additional insured. incorrectly performed on it, Any insurance provided to an additional insured Paragraph 2 of this exclusion does not designated under paragraphs b. through h. apply if the premises are "your work" above does not apply to "bodily injury" or and were never occupied, rented or '"property damage" included within the held for rental by you. I'products-completed operations hazard." , Paragraphs 1, 3, and 4, of this 3. The following is added to Paragraph H. of the exclusion do not apply to "property BUSINESSOWNERS COMMON POLICY damage„ (other than damage by fire or CONDITIONS: explosion)to premises: H. Other Insurance (1) rented to you: (2) temporarily occupied by you with 4L % � j � � " d ` p � r " , r the permission of the owner, or 1 /rcrr �i1 ra�(1ri�i i ni ¢ //n� dl, G r / �� bu ii1 G/ll� � ,�� � , a (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. SB-146932-E Page 3 of 5 (Ed. 06111) SB-146932-E CNA (Ed, 06/11) A separate limit of insurance applies to "occurrence," offense, claim or "suit" is Damage To Premises Rented To You known to: as described in Section D—Liability and (1) You or any additional insured that is an Medical Expenses Limits of Insurance. individual; Paragraphs 3, 4, 5, and 6 of this (2) Any partner, if you or an additional exclusion do not apply to liability Insured is a partnership; assumed under a sidetrack agreement. (3) Any manager, if you or an additional Paragraph 6 of this exclusion does not insured is a limited liability company; apply to "property darnage" included in the "products completed operations (4) Any "executive officer" or insurance hazard." manager, if you or an additional insured B. Under B. Exclusions, 1. Applicable to is a corporation; Business Liability Coverage, the last (5) Any trustee, if you or an additional paragraph of 2. Exclusions is deleted and insured is a trust; or replaced by the following: (6) Any elected or appointed official, if you Exclusions c, d, e, f, g, h, 1, k, 1, m, n, and or an additional insured is a political o, do not apply to damage by fire to subdivision or public entity. premises while rented to you or temporarily This paragraph e, applies separately to you Occupied by YOU With permission of the and any additional insured. owner or to the contents of premises rented to You for a period of 7 or fewer consecutive 7, Bodily Injury days. A separate lirnit of insurance applies Section F. Liability and Medical Expenses to this coverage as described in Section D. Definitions, item 3. "Bodily Injury" is deleted Liability And Medical Expenses Limits Of and replaced with the following: Insurance. C. The first Paragraph under item 5. Damage "Bodily injury" means bodily injury, sickness or To Premises Rented To You Limit of disease sustained by a person, including death, humiliation, sl"iock, mental anguish or mental Section D. Liability And Medical injury by that person at any time which results Expenses Limits Of Insurance is replaced as a consequence of the bodily injury, sickness by the following: or disease. The most we will pay under Business 8. Expanded Personal and Advertising Injury Liability for damages because of "property Definition damage" to any one premises, while rented to you, or temporarily occupied by a. The following is added to Section F. you, with the permission of the owner, Liability and Medical Expenses including contents of such premises rented Definitions, item 14. Personal and to you for a period of 7 or fewer consecutive Advertising Injury, in the days, is the Damage to Premises Rented to Businessowners General Liability You limit shown in the Declaration. Coverage Form: 5. "JOt_4 qb 94000 h. Discrimination or humiliation that results in injury to the feelings or reputation of a f such natural person, but only i 4*04"i discrimination or humiliation is: 1. Not done intentionally by or at the or direction of: W00 6. Broad Knowledge of Occurrence a. The insured; or The following items are added to E. b. Any "executive officer." director, Businessowners General Liability stockholder, partner, member or Conditions in the Businessowners Liability manager(if you are a limited liability Coverage Form: company) of the insured; and e. Paragraphs a. and b. apply to you or to any 2. Not directly or indirectly related to the additional insured only when such employment, prospective employment, past employment or termination of SB-146932-E Page 4 of 5 (Ed. 06/11) CNA SB-146932-E (Ed. 06111) employment of any person or person by c. This provision (Expanded Personal and any insured. Advertising Injury) does not apply if b. The following is added to Exclusions, Personal and Advertising Injury Liability Section B.: is excluded either by the provisions of the Policy or by endorsement. (IS)Discrimination Relating to Room, 9. Personal and Advertising Injury Re-defined Dwelling or Premises Caused by discrimination directly or Section F. Liability and Medical Expenses indirectly related the sale, rental, Definitions, item 14, Personal Advertising Injury, lease or sub-lease or prospective sale, Paragraph c, is replaced by the following: rental, lease or sub-lease of any room, c. The wrongful eviction from, wrongful entry dwelling or premises by or at the into, or invasion of the right of private direction of any insured. occupancy of a room dwelling or premises (16)Fines or Penalties that a person or organization occupies committed by or on behalf of its owner, Fines or penalties levied or imposed by landlord or lessor. a governmental entity because of discrimination. SB-146932-E Page 5 of 5 (Ed.06/11) SB-147052-B CAA (Ed.06111) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION OR MATERIAL COVERAGE CHANGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part(other than the reduction of aggregate limits through payment of claims), we agree to mail prior written notice of cancellation or material change to: SCHEDULE Name of Designated Entity: Address/Contact Information of Designated Entity: *Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The following conditions are added: 3. If we cancel or elect not to renew this policy for 1. If the poll Is cancelled or not renewed, we will nonpayment of premium, we will give written policy notice to the Designated Entity shown in the give written notice of such cancellation or Schedule above, or in the Declarations_ Such nonrenewal to the Designated Entity shown in the notice may be provided before or after the Schedule above, or in the Declarations. Such effective date of cancellation or nonrenewal. notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity 4. Failure to give notice in accordance with the terms will state the effective date of cancellation or of this endorsement does not: nonrenewal. However,such notice of cancellation a. Alter the effective date of policy cancellation, or nonrenewal is solely for the purpose of nonrenewal or expiration; informing the Designated Entity of the effective date of cancellation or nonrenewal and does not b. Render such cancellation or nonrenewal g grant, alter, or extend any rights or obligations ineffective; under this policy. c. Grant, alter, or extend any rights or 2. If we cancel or elect not to renew the policy for obligations under this policy;or x any reason other than nonpayment of premium, d. Extend the insurance beyond the effective we will give written notice to the Designated Entity date of cancellation or policy expiration, shown in the Schedule above, or in the Declarations at the same time notice is given to whichever comes first. the first Named Insured. 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