Loading...
HomeMy WebLinkAboutCAG2019-149 - Original - Broderick Architects - Riverbend Golf Complex Driving Range Renovation - 03/14/2019 KENT Records 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 questions, please contact the City Clerk's Office at 253-856-5725. Broderick Architects Vendor Name: Vendor Number (JDE): Contract Number (City Clerk): LQ(-1 1H Category: -Contract Agreement Sub-Category (if applicable): None Project Name: Riverbend GC Driving Range Renovation and Expansion Contract Execution Date: 3/6/2019 Termination Date: 3/31 /2020 Lynn Osborn/TJ/PP Parks Contract Manager: Department: Contract Amount: $200,200.00 Budgeted: 1__/1 Grant? Part of NEW Budget: Local: F State: Federal: Related to a New Position: 1-1 Basis for Selection of Contractor? Direct Negotiation Approval Authority: Director Mayor 0 City Council Other Details: Consultant Svcs Agmt, to be managed by Parks Planning/Dev for Riverbend 8.Q KENT DATE: March 5, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with Broderick Architects for the Riverbend Driving Range Renovation and Expansion Project - Recommend MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Broderick Architects, in an amount not to exceed $200,200, for design services on the Riverbend Golf Course Driving Range Renovation and Expansion Project, subject to final contract terms acceptable to the Parks Director and City Attorney. SUMMARY: Broderick Architects is selected as the consultant for design development, permitting and construction documents for the renovation and expansion of the Riverbend Driving Range. The planned renovation will include parking lot improvements, demolition of the mini-golf course, eastward expansion of the driving range with additional stalls, re-grading and replacement of the range surface with natural grass and necessary adjustments to poles and netting. Also included are building enhancements and coordination with the Meet Me on Meeker and Signature Pointe Levee projects. BUDGET IMPACT: Expense impact to the Riverbend Golf Complex budget SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. Consultant Services Agreement with Broderick Architects (PDF) 02/21/19 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/5/2019 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer Packet Pg. 330 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Broderick Architects, PLLC 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 South Atlantic Street, #301, Seattle, WA 98134 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in attached Exhibit A, incorporated herein, consultant shall provide design development, permitting assistance, construction documents and construction administration to renovate and expand the driving range at Riverbend Golf Complex. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by March 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $200,200.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 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; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties 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. CONSULTANT: CITY OF KENT: By: - - - By: (signature) (signature) Print Name: V,-az- �� rCa1 f?Zt,f � Print Name: Dana Ralph Its Its Mayor (title) 1 DATE: M1A.>4�.C1+ ��1 !�-0[� DATE: y NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Kevin Broderick R. Pete Petersen 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) 856-5190 (telephone) kevin@broderickarchitects.com rpetersen@kentwa.gov APPRQVED AS TO FORM: t, Kin lw Department A E Kent City Clerk P\Paaning\Riverbend\Driving Range Renovation and Expanslop\Broderick ArCliltects-CONTRACT CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNI TY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1 . I have read the attached City of Kent administrative policy number 1 .2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By ___��=� ` rev- .. - -------- For: kLIE—I _-- Title: Date: ------------------------------ EEO COMPLIANCE DOCUMENTS - I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A BRODERICK ARCHITECTS February 11, 2019 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 Driving Range Renovation and Expansion Project, Kent, Washington (revised) Dear Pete and Alex, Broderick Architects is pleased to submit this proposal for Architectural Design Services associated with the Riverbend Golf Course Driving Range Renovation and Expansion Project. 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, 2020 W Meeker Street, Kent WA. Pursuant to my October 161h meeting with Peter Peterson, the overall scope of the Riverbend Driving Range Renovation and Expansion Project is becoming more defined and somewhat simplified. The project still involves removing the existing putt-putt course and expanding the covered driving range to the east. We will be adding 13 - 14 new driving stations that are connected to the existing driving stations by way of a covered walkway. The ball hopper and ball washer will be housed at the far west end of the range and will be accessed directly from the driving range surface by the ball collector. The cleaned balls would be sent through pneumatic tube to the new ball dispenser located in the existing storage room of the current facility, centrally located on the driving range. One major change in the scope is the range surface will be natural turf/grass rather than synthetic turf. Riding lawnmower access gates will need to be provided at the east and west sides of the range for convenient access from the golf course maintenance shed. The 105' high netting fence would be supplemented and extended to accommodate the new driving stations. The old wood poles would be removed and the newer, taller steel poles installed on the eastern most section and then also on the enlarged driving area to the north and west. The existing driving range will also undergo a face lift with upgraded turf matts, new dividers with a place for clubs at the end, new teak benches (to match the ones planned over at the golf course), and new LED lighting (with protective covers). The wall at the southern area will be removed to provide access to the public and the instructional area moved to the new wing addition. EXHIBIT A(Continued) We will also investigate relocating the Point of Sale for the retail shop and driving range to provide better access to customers and control from the entry. To accommodate this, a portion of the existing building would need to be demolished: the existing kitchen, restrooms, and ball machine room. New restrooms and ball machine room (adding a second machine) would be incorporated into the addition. The project also involves sprucing up the main entrance and facade. We have discussed adding additional windows looking into the driving range, a fresh paint scheme, enhanced signage, landscaping and new lighting. A key element would also be developing a new par-9 mini-golf course in the triangular space east of the main entrance. The development of a Bicycle/Pedestrian Connections in the right-of way- along Russell Road on the east side of the site is included in the scope of this project. Items still needing clarification are the city's plans for the Meet Me on Meeker Street Improvements and how these modifications will impact the site circulation and parking for the driving range facility. A total of 54 parking stalls are anticipated to be required by code (matching the number of driving stations) but this needs to be vetted with the space available. As part of the The Riverbend Driving Range Renovation and Expansion Project will abut and interface with the adjacent Meet Me on Meeker Street Improvements and the Signature Pointe Levee Setback Project. While the scope of work associated with Riverbend Driving Range Renovation and Expansion Project is independent from these other adjacent Public Works projects, the projects will be developing on parallel schedules and coordination will be required. SCOPE OF SERVICES We recommend that the overall architectural design services be broken into the following four phases: Pre-Design / Schematic Design (completed as part of the feasibility study) Phase One - Design Development 1 . Perform a site analysis, including review of the zoning and building codes as they pertain to your facility. 2. Coordinate with the City of Kent Public Works and Economic and Community Development Departments on the West Meeker Street Corridor Project. 3. Refine and develop approved site plan, floor plans, interior elevations and building sections. 4. Develop the outline specifications. 5. Coordinate with specialized vendors to refine the project scope and cost. 6. Coordinate with structural, civil, electrical, mechanical and geotechnical engineers. 7. Incorporate the interior materials and color scheme into the project. 8. Assist in revising the estimated cost of construction. Phase Two — Permit & Construction Documents 1. Refine and develop approved site plan, 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. driving range plan c. detailed floor plans d. roof plan EXHIBIT A(Continued) e. building elevations f. building sections g. wall sections h. wall construction schedule i. restroom plan & interior elevations j. window/door schedules k. reflected ceiling plans and bracing details (coordinated w/ Electrical Engineers) I. energy code calculations/forms (coordinated w/ HVAC Engineers) m. project specifications 3. Provide drawing coordination between various consultants. 4. Prepare a SEPA checklist. 5. Prepare documents for application for building permit and other required permits. 6. Assist in revising the estimated cost of construction. 7. Submit the Construction Documents to the City of Kent Permit Center. 8. Coordinate with the building department to keep the project moving and on track once submitted. 9. Attend regularly scheduled design team meetings. 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. Perform as owner's representative in review and response to Pay Applications, Requests for Information (RFIs), Submittals, Change Proposals and Change Orders, and other questions from the contractor. 4. Prepare construction memos and a final punch list. 5. Prepare and provide as-built drawings with contractor red lines upon final completion of the project. FEE We are very flexible in structuring the fee arrangement to meet your preference and comfort level. A. Architectural Fee based on the scope of work outlined above, I suggest that we establish an architectural fee based on hourly rates with the following caps: Phase One— Design Development: Fee Based on Hourly Rates Not to Exceed $20,500 (assumes approx. 180 hours) Phase Two — Permit and Construction Documents: Fee Based on Hourly Rates Not to Exceed $45,000 (assumes approx. 400 hours) Phase Three— Construction Administration: Fee Based on Hourly Rates Not to Exceed$35,000 (assumes approx. 320 hours) Total: $100,500 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. EXHIBIT A(Continued) Technical Level II - 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. An allowance number is included in the Overall Consultant Fee Estimate below. C. Consulting Services: At this juncture of the project there are still several unknowns regarding the complexity and scope of consultants that will be required. Once the scope is better defined Broderick Architects will solicit fee proposal from qualified consultants and the City of Kent will have the opportunity to review and approve these consultant expenses: 1. We recommend budgeting an allowance of$24,000 for Structural Engineering. 2. We recommend budgeting an allowance of$30,000 for Civil Engineering. 3. We recommend budgeting an allowance of$12,000 for Landscape Design. 4. We recommend budgeting an allowance of$15,000 for HVAC/Mechanical Engineering. 5. We recommend budgeting an allowance of$12,000 for Electrical Engineering. 6. We recommend budgeting an allowance of$5,500 for Geotechnical Engineering Services. 7. Fire Sprinkler design will be handled with a performance specification /bidder-design and is not included in the scope of architectural services. A peer review performed by Broderick Architects is included within the basic architectural fee. 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. F. Overall Consultant Fee Estimate 1. Architectural Schematic Design $100,500 2. Structural Engineering $24,000 3. Civil Engineering $30,000 EXHIBIT A(Continued) 4. Landscape Design $12,000 5. HVAC/Mechanical Engineering $15,000 6. Electrical Engineering $12,000 7. Geotechnical Coordination $5,500 8. Architectural Reimbursable Expenses $1,200 TOTAL ANTICIPATED FEES $200,200 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, Kevin J. Broderick, AIA ACCEPTED: City of Kent/ Riverbend Golf Complex date EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general EXHIBIT B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. BRODARC-01 MGUNN AFRO CERTIFICATE OF LIABILITY INSURANCE DATEIMM/06/2019 ) 03/ 019 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 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 CONTACT NAME: Madras Office PHONE FAX PayneWest Insurance,Inc. (A/C,No,E q:(541)475-2249 (A1C,-No):(541)475-6842 P.O.Box 680 E-MAIL Madras,OR 97741 -ADDRESS: --— -- --- — INSURE S INSURER A:National Fire Company of Hartford ��_#-_ 20478 _ INSURED INSURERS:lronshore Indemnity,Inc. _ 236147 Broderick Architects, PLLC INSURERC: 55 South Atlantic Street,Suite 301 INSURERD: Seattle,WA 98134 - 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. T- - - -- - INSR TYPE OF INSURANCE AFL SUBR POLICY NUMBER POLICY EFF POLICY EXP LTR WVD MMIDD/YYYYI (MM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE_ $ 2,000,000 CLAIMS-MADE X OCCUR B5094065724 06/08/2018 06/08/2019 DAMAGE TO RENTED 300,000 X X PREMISES(Ea q=m1nce) $ MED EXPO one pemonZ-_ $ 10,000 - - PERSONAL&ADV INJURY _ $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY- JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ca accident 1,000,000 ANY AUTO X X B5094065724 06/08/2018 06/08/2019 BODILY INJURY(Per perm);$_ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident) X AUTOS ONLY X ANON01z 6N' D PROPERTY u LLY (Per acd font_ _.$ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB _ CLAIMS-MADE AGGREGATE DED RETENTION$ $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY g5094065724 06/08/2018 06/OS/2019 STATU_ ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N E.L.EACH ACCIDENT_ $ _ 1,000,000 gqFFICER/MEMBEER EXCLUDED? N/A 1,000,000 (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ If yes,describe under -- --- DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 2,000,000 B Errors&Omissions AEXNYABRIWK001 02/23/2019 02/23/2020 Ea Claim/Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent is an additional insured per endorsement SB-146932-F Insurance is primary and non-contributory and a waiver of subrogation applies per endorsement SB-146932-F Blanket Additional Insured with products-completed operations SB146968B Separation 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 City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2019 W Meeker Street ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SB146932F CNA (Ed. 6-16) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following; BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS 1. Blanket Additional Insured Provisions A. Additional Insured—Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1. Primary—Noncontributory provision i 2. Definition of"written contract." II. Liability Extension Coverages A. Bodily Injury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses a D. Legal Liability—Damage to Premises 0 E. Personal and Advertising Iniury—Discrimination or Humiliation F. Personal and Advertising Iniury—Broadened Eviction G. Waiver of Subrogation-Blanket N n g I. BLANKET ADDITIONAL INSURED PROVISIONS a A. ADDITIONAL INSURED—BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a 'written contract' to provide insurance, but only with respect to 'bodily injury' or'property damage'arising out of'your products'which are distributed or sold in the regular course of the vendor's business,subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. 'Bodily injury' or 'property damage' for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; SB146932F(6-16) Page 1 of 7 Copyright,CNA All Rights Reserved. CNA SB146932F (Ed. 6-16) e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. 'Bodily injury' or 'property damage' arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d.or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if 'bodily injury' or 'property damage' included within the 'products- completed operations hazard' is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a 'written contract.': 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such 'written contract'; b. Coverage broader than required by such 'written contract' and in no event greater than that described by the applicable paragraph a. through k. below; or c. Coverage for 'bodily injury' or 'property damage' included within the 'products-completed operations hazard.' But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j. below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you; or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. S8146932F(6-16) Page 2 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed. 6-16) b. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for 'bodily injury', 'property damage' or 'personal and advertising injury' as co-owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for 'bodily injury', 'property damage', or 'personal and advertising injury' as grantor of a franchise to you. d. Lessor of Equipment Any person or organization from whom you lease equipment, but 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 such equipment, provided that the 'occurrence' giving rise to such 'bodily injury' or 'property damage' or the offense giving rise to such 'personal and advertising injury' takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for 'bodily injury', 'property damage' or 'personal and advertising injury' arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the 'occurrence' giving rise to such 'bodily injury' or 'property damage' or the offense giving rise to such 'personal and advertising injury', takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only CO with respect to liability for 'bodily injury', 'property damage' or 'personal and advertising injury' arising 0 out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the'occurrence' giving rise to such 'bodily injury' or 'property damage' or the offense giving rise to such 'personal and advertising injury', takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition 10 operations performed by, on behalf of or for such additional insured. a N g. Mortgagee,Assignee or Receiver m s A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or s receiver's liability for 'bodily injury', 'property damage' or 'personal and advertising injury' arising out of a the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations g performed by, on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for'bodily injury', 'property damage' or'personal and advertising injury' arising out of: (1) The following hazards in connection with 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, hoistaway openings,sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance; or SB146932F(6-16) Page 3 of 7 Copyright,CNA All Rights Reserved. CNA S8146932F (Ed. 6-16) (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) 'Bodily injury', 'property damage' or 'personal and advertising injury' arising out of operations performed for the state or government agency or subdivision or political subdivision; or (b) "Bodily injury' or'property damage' included within the 'products-completed operations hazard.' With respect to this provision's requirement that additional insured status must be requested under a 'written contract', we will treat as a 'written contract' any governmental permit that requires you to add the governmental entity as an additional insured, I. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization .whom you are required to include as an additional insured, but only with respect to such person or organization's liability for 'bodily injury', 'property damage', or 'personal and advertising injury'cause by: a. Your acts or omissions;or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through i. above. Such additional insured is an insured solely for 'bodily injury', 'property damage' or 'personal and advertising injury'for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For'bodily injury,' property damage,' or'personal and advertising injury'arising out of the rendering or failure to render any professional services; (2) For 'bodily injury' or'property damage' included in the 'products-completed operations hazard.' But this provision(2)does not apply to such 'bodily injury' or'property damage' if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the 'written contract'; and (b) The 'written contract' requires you to make the person or organization an additional insured for such 'bodily injury' or 'property damage'; or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A. and B. above: 1. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a 'written contract' requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. 2. Under Liability and Medical Expense Definitions, the following definition is added: 'Written contract' means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: a. Is currently in effector becomes effective during the term of this policy; and b. Was executed prior to: SB146932F(6-16) Page 4 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed. 6-16) (1) The 'bodily injury'or'property damage'; or (2) The offense that caused the 'personal and advertising injury'; for which the additional insured seeks coverage. H. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily Injury—Expanded Definition Under Liability and Medical Expenses Definitions,the definition of'Bodily injury' is deleted and replaced by the following: 'Bodily injury' means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a.and b.above apply to you or to any additional insured only when such 'occurrence,' offense, claim or 'suit'is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; co (3) Any manager, if you or an additional insured is a limited liability company; 0 o (4) Any'executive officer'or insurance manager, if you or an additional insured is a corporation; 0 (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. m This paragraph applies separately to you and any additional insured. C. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks g damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. D. Legal Liability—Damage To Premises 1. Under B.Exclusions,1. Applicable to Business Liabilfty Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property 'Property damage'to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of SB146932F(6-16) Page 5 of 7 Copyright,CNA All Rights Reserved. CNA SB146932F (Ed. 6-16) such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the 'property damage' arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; S. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the 'property damage' arises out of those operations;or 6. That particular part of any property that must be restored, repaired or replaced because 'your work' was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are 'your work' and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to 'property damage' (other than damage by fire or explosion)to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D— Liability and Medical Expenses Limits of Insurance. Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to 'property damage' included in the 'products-completed operations hazard.' 2. Under B. Exclusions, 1.Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising injury: Exclusions c,d,e,f,g,h, i, k, I,m,n,and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D.Liability And Medical Expenses Limits Of Insurance. 3. The first Paragraph under item 5.Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of 'property damage' to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. E. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of 'personal and advertising injury' is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or SB146932F(6-16) Page 6 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed. 6-16) (b) Any 'executive officer,' director, stockholder, partner, member or manager (if you are a limited liability company)of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room,Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F. Personal and Advertising Injury-Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of 'Personal and advertising injury' is amended to delete Paragraph c. and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord CO orlessor. 0 0 G. Waiver of Subrogation—Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. m 0 N m r 0 s All other terms and conditions of the Policy remain unchanged, a s 0 N 8 N SB146932F(6-16) Page 7 of 7 Copyright,CNA All Rights Reserved. CNA SB-300000-D (Ed. 04/14) BUSINESSOWNERS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words 'you' and 'your' refer to the Named Insured shown in the Declarations. The words 'we,' 'us' and 'our' refer to the company providing the insurance. The word 'insured' means any person or organization qualifying as such under Section C.—Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION F — LIABILITY DEFINITIONS. A. Coverages (c) Prior to the policy period, no insured 1. Business Liability (Bodily Injury, Property listed under Paragraph C.1. Who Is Damage, Personal and Advertising Injury) An Insured and no 'employee' authorized by you to give or receive a. We will pay those sums that the insured notice of an 'occurrence' or claim, becomes legally obligated to pay as damages knew that the 'bodily injury' or because of 'bodily injury,' 'property damage' 'property damage' had occurred, in or 'personal and advertising injury' to which whole or in part. If such a listed this insurance applies. We will have the right insured or authorized 'employee' and duty to defend the insured against any knew, prior to the policy period, that 'suit' seeking those damages. However, we the 'bodily injury' or 'property will have no duty to defend the insured damage' occurred, then any against any'suit'seeking damages for 'bodily continuation, change or resumption of injury,' 'property damage' or 'personal and such 'bodily injury' or 'property advertising injury,' to which this insurance damage' during or after the policy does not apply. We may at our discretion, period will be deemed to have been co investigate any 'occurrence' or any offense known before the policy period. g and settle any claim or 'suit' that may result. But: (2) To 'personal and advertising injury' caused by an offense arising out of your (1) The amount we will pay for damages is business, but only if the offense was limited as described in Section D — committed in the 'coverage territory' Liability And Medical Expenses Limits Of during the policy period. Insurance; and c. 'Bodily injury' or 'property damage' which (2) Our right and duty to defend ends when occurs during the policy period and was not, we have used up the applicable limit of prior to the policy period, known to have insurance in the payment of judgments or occurred by any insured listed under Section settlements or medical expenses to which C.1. Who Is An Insured or any 'employee' 0 this insurance applies. authorized by you to give or receive notice of No other obligation or liability to pay sums or an 'occurrence' or claim, includes any " continuation, change or resumption of bodily perform acts or services is covered unless injury' or 'property damage' after the end of explicitly provided for under Coverage the policy period, Extension—Supplementary Payments. b. This insurance applies: d. 'Bodily injury' or 'property damage' will be deemed to have been known to have (1) To 'bodily injury' and 'property damage' occurred at the earliest time when any insured only if: listed under Section C.1. Who Is An Insured or any 'employee' authorized by you to give (a) The 'bodily injury' or 'property or receive notice of an 'occurrence'or claim: damage' is caused by an 'occurrence' that takes place in the (1) Reports all, or any part, of the 'bodily 'coverage territory'; injury' or 'property damage' to us or any other insurer; (b) The 'bodily injury' or 'property damage' occurs during the policy (2) Receives a written or verbal demand or — period; and claim for damages because of the 'bodily injury' or 'property damage'; or SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) (3) Becomes aware by any other means that (2) If we defend an insured against a 'suit' 'bodily injury' or 'property damage' has and an indemnitee of the insured is also occurred or has begun to occur. named as a party to the 'suit,' we will e. Damages because of 'bodily injury' include defend that indemnitee if all of the damages claimed by any person or following conditions are met: organization for care, loss of services or death (a) The 'suit' against the indemnitee resulting at any time from the 'bodily injury.' seeks damages for which the insured f. Coverage Extension — Supplementary has assumed the liability of the Payments indemnitee in a contract or agreement that is an 'insured (1) In addition to the Limit of Insurance of contract'; Liability we will pay, with respect to any (b) This insurance applies to such claim we investigate or settle, or any liability assumed by the insured; 'suit' against an insured we defend: (a) All expenses we incur, (c) The obligation to defend, or the cost of the defense of, that indemnitee, (b) Up to $1,000 for cost of bail bonds has also been assumed by the required because of accidents or insured in the same 'insured traffic law violations arising out of the contract'; use of any vehicle to which Business (d) The allegations in the 'suit' and the Liability Coverage for 'bodily injury' information we know about the applies. We do not have to furnish 'occurrence' are such that no conflict these bonds. appears to exist between the (c) The cost of bonds to release interests of the insured and the attachments, but only for bond interests of the indemnitee: amounts within our Limit of (a) The indemnitee and the insured ask Insurance. We do not have to furnish us to conduct and control the defense these bonds. of that indemnitee against such 'suit' (d) All reasonable expenses incurred by and agree that we can assign the the insured at our request to assist us same counsel to defend the insured in the investigation or defense of the and the indemnitee; and claim or'suit,' including actual loss of (f) The indemnitee: earnings up to$250 a day because of time off from work. (i) Agrees in writing to: (a) All court costs taxed against the i. Cooperate with us in the insured in the 'suit.' However, these investigation, settlement or payments do not include attorneys' defense of the 'suit'; fees or attorney expenses taxed against the insured. ii. Immediately send us copies of any demands, notices, (f) Prejudgment interest awarded summonses or legal papers against the insured on that part of the received in connection with judgment we pay. If we make an offer the'suit'; to pay the Limit of Insurance, we will not pay any prejudgment interest iii. Notify any other insurer based on that period of time after the whose coverage is available to the indemnitee; and offer. (g) All interest on the full amount of any iv. Cooperate with us with judgment that accrues after entry of respect to coordinating other the judgment and before we have applicable insurance paid, offered to pay, or deposited in available to the indemnitee; court the part of the judgment that is and within our Limit of Insurance. (ii) Provides us with written These payments will not reduce the authorization to: Limits of Insurance. SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 2 of 16 (Ed. 04/14) S B-300000-D (Ed, 04/14) i. Obtain records and other applicable Limit of Insurance. We will pay information related to the reasonable expenses for: 'suit'; and (1) First aid administered at the time of an ii. Conduct and control the accident; defense of the indemnitee in such 'suit.' (2) Necessary medical, surgical, x-ray and dental services, including prosthetic (3) So long as the above conditions are met, devices; and attorneys' fees incurred by us in the defense of that indemnitee, necessary (3) Necessary ambulance, hospital, litigation expenses incurred by us and professional nursing and funeral services. necessary litigation expenses incurred by B. Exclusions the indemnitee at our request will be paid as Supplementary Payments. 1• Applicable To Business Liability Coverage Notwithstanding the provisions of This insurance does not apply to: Paragraph B.1.b.(2)Exclusions in Section B - EXCLUSIONS, such payments will a. Expected Or Intended Injury not be deemed to be damages for "bodily 'Bodily injury' or 'property damage' expected injury'and "property damage' and will not or intended from the standpoint of the insured. reduce the limits of insurance. This exclusion does not apply to 'bodily Our obligation to defend an insured's injury' resulting from the use of reasonable indemnitee and to pay for attorneys' fees force to protect persons or property, and necessary litigation expenses as b. Contractual Liability Supplementary Payments ends when: a 'Bodily injury' or 'property damage" for which ( ) We have used up the applicable limit the insured is obligated to pay damages by judgments insurance in the payment of reason of the assumption of liability in a udgments or settlements; or contract or agreement. This exclusion does o (b) The conditions set forth above, or the not apply to liability for damages: CD terms of the agreement described in (1) That the insured would have in the f.above are no longer met. absence of the contract or agreement; or 2. Medical Expenses (2) Assumed in a contract or agreement that a. We will pay medical expenses as described is an 'insured contract,' provided the below for 'bodily injury' caused by an 'bodily injury' or 'property damage' accident: occurs subsequent to the execution of the m (1) On premises you own or rent; contract or agreement. Solely for the purposes of liability assumed in an (2) On ways next to premises you own or 'insured contract,' reasonable attorney rent;or fees and necessary litigation expenses N incurred by or for a party other than an g (3) Because of your operations; insured are deemed to be damages provided that: because of 'bodily injury' or 'property —= (a) The accident takes place in the damage,' provided; 'coverage territory' and during the (a) Liability to such parry for, or for the policy period; cost of, that parry's defense has also been assumed in the same 'insured (b) The expenses are incurred and contract'; and reported to us within one year of the date of the accident; and (b) Such attorney fees and litigation expenses are for defense of that (c) The injured person submits to party against a civil or alternative examination, at our expense, by dispute resolution proceeding in physicians of our choice as often as which damages to which this we reasonably require. insurance applies are alleged. b. We will make these payments regardless of c. Liquor Liability fault. These payments will not exceed the 'Bodily injury' or 'property damage' for which any insured may be held liable by reason of: SB-300000-D includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 3 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) (1) Causing or contributing to the intoxication migration, release or escape of of any person; 'pollutants': (2) The furnishing of alcoholic beverages to a (a) At or from any premises, site or person under the legal drinking age or location which is or was at any time under the influence of alcohol; or owned or occupied by, or rented or (3) Any statute, ordinance or regulation loaned to, any insured. However, this relating to the sale, gift, distribution or use subparagraph does not apply to: of alcoholic beverages. (i) 'Bodily injury' if sustained within This exclusion applies even if the claims a building and caused by smoke, allege negligence or other wrongdoing in: fumes, vapor or soot from equipment used to heat, cool or (a) The supervision, hiring, employment, dehumidify the building or training or monitoring of others by an equipment that is used to heat insured; or water for personal use by the buildings occupants or their (b) Providing or failing to provide guests; transportation with respect to any person that may be under the influence of alcohol (ii) 'Bodily injury' or 'property damage' for which you may be This exclusion applies only if you are in the held liable, if you are a contractor business of manufacturing, distributing, and the owner or lessee of such selling, serving or furnishing alcoholic premises, site or location has beverages. been added to your policy as an d. Workers'Compensation And Similar Laws additional insured with respect to your ongoing operations Any obligation of the insured under a workers' performed for that additional compensation, disability benefits or insured at that premises, site or unemployment compensation law or any location and such premises, site similar law. or location is not and never was a. Employer's Liability owned or occupied by, or rented or loaned to, any insured, other 'Bodily Injury'to: than that additional insured; or (1) An 'employee' of the insured arising out (iii) 'Bodily injury' or 'property of and in the course of: damage' arising out of heat, smoke or fumes from a 'hostile (a) Employment by the insured; or fire'; (b) Performing duties related to the (b) At or from any premises, site or conduct of the insured's business;or location which is or was at any time (2) The spouse, child, parent, brother or used by or for any insured or others sister of that 'employee' as a for the handling, storage, disposal, consequence of(1)above. processing or treatment of waste; This exclusion applies: (c) Which are or were at any time transported, handled, stored, treated, (1) Whether the insured may be liable as an disposed of, or processed as waste employer or in any other capacity; and by or for: (2) To any obligation to share damages with (1) Any insured; or or repay someone else who must pay damages because of the injury. (ii} Any person or organization for whom you may be legally This exclusion does not apply to liability responsible; or assumed by the insured under an 'insured contract.' (d) At or from any premises, site or location on which any insured or any f. Pollution contractors or subcontractors working (1) 'Bodily injury' or 'property damage' directly or indirectly on any insured's arising out of the actual, alleged or behalf are performing operations if threatened discharge, dispersal,seepage, the pollutants' are brought on or to the premises, site or location in SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 4 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) connection with such operations by a. Request, demand, order or statutory such insured, contractor or or regulatory requirement that any subcontractor. However, this insured or others test for, monitor, subparagraph does not apply to: clean up, remove, contain, treat, detoxify or neutralize, or in any way (i) 'Bodily injury' or 'property respond to, or assess the effects of, damage arising out of the 'pollutants'; or escape of fuels, lubricants or other operating fluids which are b. Claim or 'suit' by or on behalf of a needed to perform the normal governmental authority for damages electrical, hydraulic or because of testing for, monitoring, mechanical functions necessary cleaning up, removing, containing, for the operation of 'mobile treating, detoxifying or neutralizing, or equipment' or its parts, if such in any way responding to, or fuels, lubricants or other assessing the effects of, 'pollutants.' operating fluids escape from a However, this e ara ra h does not apply vehicle part designed to hold, to liability for damages because of store or receive them. This 'property damage' that the insured would exception does not apply if the have in the absence of such request, 'bodily injury' or "property demand, order or statutory regulatory damage' arises out of the ry or 9 rY intentional discharge, dispersal requirement or such claim or 'suit' by or or release of the fuels, lubricants on behalf of a governmental authority. or other operating fluids, or if g. Aircraft,Auto Or Watercraft such fuels, lubricants or other operating fluids are brought on or 'Bodily injury' or 'property damage' arising to the premises, site or location out of the ownership, maintenance, use or with the intent that they be entrustment to others of any aircraft, 'auto' or discharged, dispersed or watercraft owned or operated by or rented or o released as part of the loaned to any insured. Use includes operation g operations being performed by and'loading or unloading.' such insured, contractor or This exclusion applies even if the claims subcontractor; allege negligence or other wrongdoing in the (h) 'Bodily injury' or 'property supervision, hiring, employment, training or damage' sustained within a monitoring of others by an insured, if the building and caused by the 'occurrence' which caused the 'bodily injury' release of gases, fumes or or 'property damage' involved the ownership, vapors from materials brought maintenance, use or entrustment to others of 8 into that building in connection any aircraft, 'auto' or watercraft that is owned with operations being performed or operated by or rented or loaned to any 0 by you or on your behalf by a insured. contractor or subcontractor; or This exclusion does not apply to: N (iii) 'Bodily injury' or 'property (1) An aircraft that is: damage' arising out of heat, smoke or fumes from a 'hostile (a) Hired, chartered, or loaned with a fire.' paid crew; but (e) At or from any premises, site or (b) Not owned by any insured; location on which any insured or any (2) A watercraft while ashore on premises contractors or subcontractors working you own or rent; directly or indirectly on any insured's behalf are performing operations if (3) A watercraft you do not own that is: the operations are to test for, monitor, (a) Less than 51 feet long; and -= clean up, remove, contain, treat, detoxify or neutralize, or in any way (b) Not being used to carry persons or respond to, or assess the effects of, property for a charge; 'pollutants.' (4) Parking an 'auto' on, or on the ways next (2) Any loss, cost or expense arising out of to, premises you own or rent, provided any: SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 5 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) the 'auto' is not owned by or rented or (6) Any service, treatment, advice or loaned to you or the insured; instruction for the purpose of appearance (5) Liability assumed under any 'insured or skin enhancement, hair removal or contract' for the ownership, maintenance replacement or personal grooming; or use of aircraft or watercraft; or (n Optometry or optical or hearing aid (6) 'Bodily injury' or 'property damage' services including the prescribing, arising out of the operation of any of the preparation, fitting, demonstration or following equipment: distribution of ophthalmic lenses and similar products or hearing aid devices; (a) Cherry pickers and similar devices (g) Body piercing services; mounted on automobile or truck chassis and used to raise or lower (9) Services in the practice of pharmacy; workers; and (10)Veterinary medicine services; (b) Air compressors, pumps and generators, including spraying, (11)Mortician services; and welding, building cleaning, (12)Services rendered in connection with the geophysical exploration, lighting and creation and/or development, well servicing equipment. modification, or repair of 'software,' h. Mobile Equipment including, but not limited to design, specifications, system or 'software' 'Bodily injury' or 'property damage' arising configuration and consultation. out of: This exclusion applies even if the claims (1) The transportation of 'mobile equipment' allege negligence or other wrongdoing in the by an 'auto' owned or operated by or supervision, hiring, employment, training or rented or loaned to any insured; or monitoring of others by an insured, if the (2) The use of 'mobile equipment' in, or 'occurrence' which caused the 'bodily injury' or property damage, or the offense which while in practice for, or while being caused the 'personal and advertising injury,' prepared for, any prearranged racing, involved the rendering or failure to render any speed, demolition or stunting activity. professional service. i. War k. Damage To Property 'Bodily injury' or 'property damage' due to 'Property damage'to: war, whether or not declared, or any act or condition incident to war. War includes civil (1) Property you own, rent or occupy, war, insurrection, rebellion or revolution. This including any costs or expenses incurred exclusion applies only to liability assumed by you, or any other person, organization under a contract or agreement. or entity, for repair, replacement, j. Professional Services enhancement, restoration or maintenance of such property for any reason, including 'Bodily injury,' 'property damage,' 'personal prevention of injury to a person or and advertising injury' caused by the damage to another's property; rendering or failure to render any professional (2) Premises you sell, give away or abandon, service. This includes but is not limited to: if the 'property damage' arises out of any (1) Legal, accounting or advertising services; part of those premises; (2) Preparing, approving, or failing to prepare (3) Property loaned to you; or approve maps, drawings, opinions, (4) Personal property in the care, custody or reports, surveys, change orders, designs control of the insured; or specifications; (3) Supervisory, inspection or engineering (5) That particular part of real property on which you or any contractor or services; subcontractor working directly or (4) Medical, surgical, dental, x-ray or nursing indirectly on your behalf is performing services treatment, advice or instruction; operations, if the 'property damage' (5) Any health or therapeutic service arises out of those operations; or treatment, advice or instruction; SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 6 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) (6) That particular part of any property that o. Recall Of Products, Work Or Impaired must be restored, repaired or replaced Property because 'your work' was incorrectly Damages claimed for an performed on it. 9 Y loss, cost or expense incurred by you or others for the loss Paragraphs (1), (3) and (4) of this exclusion of use, withdrawal, recall, inspection, repair, do not apply to 'property damage' (other than replacement, adjustment, removal or disposal damage by fire or explosion) to premises, of: including the contents of such premises, rented to you for a period of 7 or fewer (1) 'Your product'; consecutive days. A separate limit of (2) 'Your work'; or insurance applies to Damage To Premises Rented To You as described in Paragraph D. (3) 'Impaired property'; Liability And Medical Expenses Limit Of if such product, work or property is withdrawn Insurance. or recalled from the market or from use by any Paragraph (2)of this exclusion does not apply person or organization because of a known or if the premises are 'your work' and were suspected defect, deficiency, inadequacy or never occupied, rented or held for rental by dangerous condition in it. you. p. Personal And Advertising Injury Paragraphs (3), (4), (5) and (6) of this 'Personal and advertising injury': exclusion do not apply to liability assumed under a sidetrack agreement. (1) Caused by or at the direction of the Paragraph(6)of this exclusion does not apply insured with the knowledge that the act to 'property damage' included in the would violate the rights of another and products—completed operations hazard.' would inflict 'personal and advertisinginjury'; I. Damage To Your Product (2) Arising out of oral or written publication of co 'Property damage' to 'your product' arising material, if done by or at the direction of g out of it or any part of it. the insured with knowledge of its falsity; 0 0 m. Damage To Your Work (3) Arising out of oral or written publication of material whose first publication took place 'Property damage' to 'your work' arising out before the beginning of the policy period; of it or any part of it and included in the 'products—completed operations hazard.' (4) Arising out of a criminal act committed by or at the direction of any insured; This exclusion does not apply if the damaged work or the work out of which the damage (5) For which the insured has assumed 8 arises was performed on your behalf by a liability in a contract or agreement. This N subcontractor. exclusion does not apply to liability for " damages that the insured would have in n. Damage To Impaired Property Or Property the absence of the contract or agreement; g Not Physically Injured " (6) Arising out of a breach of contract, except 'Property damage' to 'impaired property' or an implied contract to use another's property that has not been physically injured, advertising idea in your'advertisement'; arising out of: (7) Arising out of the failure of goods, (1) A defect, deficiency, inadequacy or products or services to conform with any dangerous condition in 'your product' or statement of quality or performance made .your work'; or in your"advertisement'; (2) A delay or failure by you or anyone acting (8) Arising out of the wrong description of the on your behalf to perform a contract or price of goods, products or services agreement in accordance with its terms. stated in your'advertisement'; This exclusion does not apply to the loss of (9) Committed by an insured whose business use of other property arising out of sudden is: and accidental physical injury to 'your product' or'your work'after it has been put to (a) Advertising, broadcasting, publishing its intended use. or telecasting; SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 7 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) (b) Designing or determining content of Damage To Premises Rented To You Limit of web-sites for others; or Insurance applies to this coverage as (c) An Internet search, access, content described in Paragraph D. Liability And or service provider. Medical Expenses Limits of Insurance. However, this exclusion does not apply to q• Electronic Data Paragraphs 14.a., b. and c. of 'personal Damages arising out of the loss of, loss of use and advertising injury' under Paragraph of, damage to, corruption of, inability to F. Liability And Medical Expenses access, or inability to manipulate electronic Definitions. data. For the purposes of this exclusion, the As used in this exclusion, electronic data placing of frames, borders or links, or means information, facts or programs stored advertising, for you or others anywhere as or on, created or used on, or transmitted to on the Internet, by itself, is not considered or from computer software, including systems the business of advertising, broadcasting, and applications software, hard or floppy publishing or telecasting. disks, CD-ROMs, tapes, drives, cells, data (10)Arising out of the actual, alleged or processing devices or any other media which threatened discharge, dispersal,seepage, are used with electronically controlled migration, release or escape of equipment. 'pollutants' at any time. 2. Applicable To Medical Expenses Coverage (11)With respect to any loss, cost or expense We will not pay expenses for'bodily injury': arising out of any: a. To any insured, except'volunteer workers.' (a) Request, demand or order that any b. To a person hired to do work for or on behalf insured or others test for, monitor, of any insured or a tenant of any insured. clean-up, remove, contain, treat, detoxify or neutralize or in any way c. To a person injured on that part of premises respond to, or assess the effects of, you own or rent that the person normally 'pollutants'; or occupies. (b) Claim or 'suit' by or on behalf of a d. To a person, whether or not an 'employee' of governmental authority for damages any insured, if benefits for the 'bodily injury' because of testing for, monitoring, are payable or must be provided under a cleaning up, removing, containing, workers' compensation or disability benefits treating, detoxifying or neutralizing or law or a similar law. in any way responding to, or assessing the effects of, pollutants.' e. To a person injured while taking part in athletics. (12)Arising out of an electronic chatroom or bulletin board the insured hosts, owns or f. Included within the 'products — completed over which the insured exercises control. operations hazard.' (13)Arising out of the infringement of g. Excluded under Business Liability Coverage. copyright, patent, trademark, trade secret h. Due to war, whether or not declared, or any or other intellectual property rights, act or condition incident to war, War includes However, this exclusion does not apply to civil war, insurrection, rebellion or revolution. infringement, in your 'advertisement,' of 3. Applicable To Both Business Liability Coverage copyright,trade dress or slogan. And Medical Expenses Coverage — Nuclear (14)Arising out of the unauthorized use of Energy Liability Exclusion another's name or product in your e-mail This insurance does not apply: address, domain name or metatags, or any other similar tactics to mislead a. Under Business Liability Coverage, to 'bodily another's potential customers. injury' or'property damage': Exclusions c., d., a., f., g., h., i., k., I., m., n. (1) With respect to which an insured under and o. in Section II—Liability do not apply to the policy is also an insured under a damage by fire or explosion to premises while nuclear energy liability policy issued by rented to you, or temporarily occupied by you the Nuclear Energy Liability Insurance with permission of the owner. A separate Association, Mutual Atomic Energy SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 8 of 16 (Ed. 04/14) SB-300000-D (Ed, 04/14) Liability Underwriters or Nuclear (1) 'By-product material' has the meaning Insurance Association of Canada, or given it in the Atomic Energy Act of 1954 would be an insured under any such or in any law amendatory thereof; policy but for its termination upon 2 ' exhaustion of its limit of liability; or ( ) Hazardous properties' include radioactive, toxic or explosive properties; (2) Resulting from the 'hazardous properties' of 'nuclear material' and with respect to (3) 'Nuclear facility' means: which: (a) Any'nuclear reactor'; (a) Any person or organization is (b) Any equipment or device designed or required to maintain financial used for: protection pursuant to the Atomic Energy Act of 1954, or any law (f) Separating the isotopes of amendatory thereof; or uranium or plutonium; (b) The insured is, or had this policy not (ii) Processing or utilizing 'spent been issued would be, entitled to fuel'; or indemnity from the United States of (Ili) Handling, processing or America, or any agency thereof, packaging'waste'; under any agreement entered into by the United States of America, or any (c) Any equipment or device used for the agency thereof, with any person or processing, fabricating or alloying of organization. 'special nuclear material' if at any b. Under Medical Expenses Coverage, to time the total amount of such material in the custody of the insured at the expenses incurred with respect to "bodily premises where such equipment or injury' resulting from the 'hazardous device is located consists of or properties' of 'nuclear material' and arising contains more than grams of out of the operation of a 'nuclear facility' by plutonium or uranium 233 or any cc any person or organization. combination thereof, or more than c. Under Business Liability Coverage, to 'bodily 250 grams of uranium 235; injury'or'property damage' resulting from the (d) Any structure, basin, excavation, 'hazardous properties' of the nuclear premises or place prepared or used material'; if: for the storage or disposal of'waste'; m a (1) The 'nuclear material': and includes the site on which any of the foregoing is erations (a) Is at any 'nuclear facility' owned by, conducted on such seta and all d, all premises s or operated by or on behalf of, an p insured; or used for such operations; 0 (b) Has been discharged or dispersed (4) 'Nuclear material' means 'source therefrom; material,' 'special nuclear material' or 'byproduct material'; N (2) The 'nuclear material' is contained in 'spent fuel' or 'waste' at any time (5) 'Nuclear reactor' means an apparatus possessed, handled, used, processed, designed or used to sustain nuclear stored, transported or disposed of by or fission in a self-supporting chain reaction on behalf of an insured; or or to contain a critical mass of fissionable (3) The 'bodily injury' or 'property damage' material arises out of the furnishing by an insured (6) "Property damage' includes all forms of of services, materials, parts or equipment radioactive contamination of property, in connection with the planning, M 'Source material' has the meaning given construction, maintenance, operation or it in the Atomic Energy Act of 1954 or in use of any 'nuclear facility"; but if such any law amendatory thereof; facility is located within the United States of America, its territories or possessions (8) 'Special nuclear material' has the or Canada, this Exclusion (3) applies only meaning given it in the Atomic Energy Act to 'property damage' to such 'nuclear of 1954 or in any law amendatory thereof; facility" and any property thereat. (9) 'Spent fuel' means any fuel element or d. As used in this exclusion: fuel component, solid or liquid, which has SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 9 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) been used or exposed to radiation in a 'employees' or 'volunteer workers' are 'nuclear reactor'; insureds for: (10)'Waste' means any waste material: (1) 'Bodily injury' or 'personal and (a) Containing 'by-product material' advertising injury': other than the tailings or wastes (a) To you, to your partners or members produced by the extraction or (if you are a partnership or joint concentration of uranium or thorium venture), to your members (if you are from any one processed primarily for a limited liability company), or to a its'source material' content;and co-'employee' while in the course of (b) Resulting from the operation by any his or her employment or performing person or organization of any duties related to the conduct of your 'nuclear facility' included under business, or to your other volunteer Paragraph(a)and(b)of the definition workers while performing duties of'nuclear facility.' related to the conduct of your business; C. Who Is An Insured (b) To the spouse, child, parent, brother 1. If you are designated in the Declarations as: or sister of that co-'employee' as a consequence of Paragraph (a) a. An individual, you and your spouse are above; insureds, but only with respect to the conduct of a business of which you are the sole (c) For which there is any obligation to owner. share damages with or repay someone else who must pay b. A partnership or joint venture, you are an damages because of the injury insured. Your members, your partners and described in Paragraphs(a)or(b); or their spouses are also insureds, but only with respect to the conduct of your business. (d) Arising out of his or her providing or c. A limited liability company, you are an failing to provide professional health care services. insured. Your members are also insureds, but only with respect to the conduct of your (2) 'Property damage'to property: business. Your managers are insureds, but (a) Owned, occupied or used by, only with respect to their duties as your managers. (b) Rented to, in the care, custody or d. An organization other than a partnership, joint control of, or over which physical venture or limited liability company, you are control is being exercised for any an insured. Your 'executive officers' and purpose by directors are insureds, but only with respect to you, any of your 'employees,' 'volunteer their duties as your officers or directors. Your workers,' any partner or member (if you stockholders are also insureds, but only with are a partnership or joint venture), or any respect to their liability as stockholders. member (if you are a limited liability e. A trust, you are an Insured. Your trustees are company). also insureds, but only with respect to their b. Any person (other than your 'employee' or duties as trustees. 'volunteer worker'), or any organization while 2. Each of the following is also an insured: acting as your real estate manager. a. Your 'volunteer workers' only while c. Any person or organization having proper performing duties related to the conduct of temporary custody of your property if you die, your business, or your 'employees,' other but only: than either your'executive officers' (if you are (1) With respect to liability arising out of the an organization other than a partnership, joint maintenance or use of that property; and venture or limited liability company) or your managers (if you are a limited liability (2) Until your legal representative has been company), but only for acts within the scope appointed. of their employment by you or while d. Your legal representative if you die, but only performing duties related to the conduct of with respect to duties as such. That your business. However, none of these representative will have all your rights and duties under this policy. SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 10 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) 3. With respect to 'mobile equipment' registered in a. Injury or damages under the 'products your name under any motor vehicle registration completed operations hazard' arising from all law, any person is an insured while driving such 'occurrences' during the policy period is the equipment along a public highway with your Products-Completed Operations Aggregate permission. Any other person or organization Limit shown in the Declarations. responsible for the conduct of such person is also an insured, but only with respect to liability arising b. All other injury or damages, including medical out of the operation of the equipment, and only if expenses, arising from all 'occurrences' no other insurance of any kind is available to that during the policy period is the General person or organization for this liability. However, Aggregate Limit shown in the Declarations. no person or organization is an insured with This General Aggregate Limit applies respect to: separately to each of your 'locations' owned a. 'Bodily injury' to a co-'employee' of the by or rented to you. person driving the equipment; or 'Location' means premises involving the b. 'Property damage' to property owned by, same or connecting lots, or premises whose rented to, in the charge of or occupied by you connection is interrupted only by a street, or the employer of any person who is an roadway or right-of-way of a railroad. insured under this provision. This aggregate Limit does not apply to 4. Any organization you newly acquire or form, other 'property damage' to premises rented to you than a partnership or joint venture, and over which arising out of fire, lightning or explosion. you maintain ownership of majority interest, will 3. Subject to item 2. above, the most we will pay for quality as a Named Insured if there is no other the sum of all damages because of all 'bodily similar insurance available to that organization. injury,' 'property damage' and medical expenses However: arising out of any one 'occurrence' is the Liability a. Coverage under this provision is afforded only and Medical Expense Limit shown in the until the 90th day after you acquire or form the Declarations. co organization or the end of the policy period, The most we will pay for all medical expenses o whichever is earlier; because of 'bodily injury' sustained by any one 0 b. Bodily Injury and Property Damage coverage person is the Medical Expenses Limit shown in does not apply to 'bodily injury' or 'property the Declarations. damage' that occurred before you acquired or 4. Subject to item 2. above, the most we will pay for formed the organization; and the sum of all damages because of all 'personal c. Personal and Advertising Injury coverage and advertising injury' sustained by any one " does not apply to 'personal injury' or person or organization is the Personal and 'advertising injury' arising out of an offense Advertising Injury Limit shown in the Declarations. committed before you acquired or formed the 5. The most we will pay under Business Liability organization. Coverage for damages because of 'property No person or organization is an insured with damage' to premises rented to you, or in the case respect to the conduct of any current or past of fire, while rented to you or temporarily occupied partnership, joint venture or limited liability by you with permission of the owner, is the company that is not shown as a Named Insured in Damage To Premises Rented To You Limit shown the Declarations, in the Declarations. D. Liability And Medical Expenses Limits Of The Damage to Premises Rented To You Limit Insurance applies to all damage proximately caused by the same event, whether such damage results from 1. The Limits of Insurance shown in the Declarations fire, lightning, or explosion or any combination of and the rules below fix the most we will pay the three, regardless of the number of: If more than one limit of insurance under this a. Insureds; policy and any endorsements attached thereto o b. Claims made or'suits' brought; or applies to any claim or 'suit,'the most we will pay under this policy and the endorsements is the c. Persons or organizations making claims or single highest limit of liability of all coverages .� bringing 'suits.' applicable to such claim or 'suit.' However, this paragraph does not apply to the Medical 2. The most we will pay for: Expenses limit set forth in paragraph 3.above. SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 11 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) The Limits of this policy apply separately to each damage to which this insurance may also consecutive annual period and to any remaining apply. period of less than 12 months, starting with the d. No insured will, except at that insured's own beginning of the policy period shown in the cost, voluntarily make a payment, assume Declarations, unless the policy period is extended any obligation, or incur any expense, other after issuance for an additional period of less than than for first aid,without our consent. 12 months. In that case, the additional period will be deemed part of the last preceding period for 3. Financial Responsibility Laws purposes of determining the Limits of Insurance, a. When this policy is certified as proof of E. Businessowners Liability Conditions financial responsibility for the future under the 1. Bankruptcy provisions of any motor vehicle financial responsibility law, the insurance provided by Bankruptcy or insolvency of the insured or of the the policy for 'bodily injury' liability and insured's estate will not relieve us of our 'property damage' liability will comply with the obligations under this policy. provisions of the law to the extent of the 2. Duties In The Event Of Occurrence, Offense, coverage and limits of insurance required by Claim Or Suit that law. a. You must see to it that we are notified as soon b. With respect to 'mobile equipment' to which as practicable of an 'occurrence' or an this insurance applies, we will provide any offense which may result in a claim. To the liability, uninsured motorists, underinsured extent possible, notice should include: motorists, no-fault or other coverage required by any motor vehicle law. We will provide the (1) How, when and where the 'occurrence' required limits for those coverages. or offense took place; 4. Legal Action Against Us (2) The names and addresses of any injured No person or organization has a right under this persons and witnesses; and policy: (3) The nature and location of any injury or a. To join us as a party or otherwise bring us into damage arising out of the 'occurrence' or a 'suit' asking for damages from an insured; offense. or b. If a claim is made or 'suit' is brought against b. To sue us on this policy unless all of its terms any insured,you must: have been fully complied with. (1) Immediately record the specifics of the A person or organization may sue us to claim or'suit' and the date received; and recover on an agreed settlement or on a final (2) Notify us as soon as practicable. judgment against an insured; but we will not be liable for damages that are not payable You must see to it that we receive written under the terms of this policy or that are in notice of the claim or 'suit' as soon as excess of the applicable limit of insurance. An practicable. agreed settlement means a settlement and c. You and any other involved insured must: release of liability signed by us, the insured and the claimant or the claimant's legal (1) Immediately send us copies of any representative. demands, notices, summonses or legal papers received in connection with the S. Separation Of Insureds claim or"suit*; Except with respect to the Limits of Insurance in (2) Authorize us to obtain records and other this policy, and any rights or duties specifically information; assigned in this policy to the first Named Insured, this insurance applies: (3) Cooperate with us in the investigation, or settlement of the claim or defense against a. As if each Named Insured were the only the'suit'; and Named Insured; and (4) Assist us, upon our request, in the b. Separately to each insured against whom enforcement of any right against any claim is made or'suit' is brought. person or organization that may be liable to the insured because of injury or SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 12 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) 6. Unintentional Failure to Disclose Hazards merits in the territory described in Paragraph It is agreed that based on our reliance on your a.above or in a settlement we agree to, representations as to existing hazards, if 6. 'Employee' includes a 'leased worker.' unintentionally you should fail to disclose all such 'Employee' does not include a 'temporary hazards at the inception date of your policy, we worker.' shall not deny any coverage under this Coverage Form because of such failure. 6. 'Executive officer' means a person holding any of the officer positions created by your charter, F. Liability And Medical Expenses Definitions constitution, by-laws or any other similar 1. 'Advertisement' means a notice that is broadcast governing document. or published to the general public or specific 7. 'Hostile fire' means one which becomes market segments about your goods, products or uncontrollable or breaks out from where it was services for the purpose of attracting customers or intended to be. supporters. For the purposes of this definition: 8. 'Impaired property' means tangible property, other a. Notices that are published include material than 'your product' or 'your work,' that cannot be placed on the Internet or on similar electronic used or is less useful because: means of communication; and a. It incorporates 'your product' or 'your work' b. Regarding web-sites, only that part of a web- that is known or thought to be defective, site that is about your goods, products or deficient, inadequate or dangerous; or services for the purposes of attracting customers or supporters is considered an b. You have failed to fulfill the terms of a contract advertisement. or agreement; 2. 'Auto' means a land motor vehicle, trailer or if such property can be restored to use by: semitrailer designed for travel on public roads, (1) The repair, replacement, adjustment or including any attached machinery or equipment. removal of 'your product' or 'your work'; But'auto' does not include'mobile equipment.' or o 3. 'Bodily injury' means bodily injury, sickness or (2) Your fulfilling the terms of the contract or o disease sustained by a person, including death agreement. resulting from any of these at any time. 9. 'Insured contract' means: 4. 'Coverage territory' means: a. A contract for a lease of premises. However, a. The United States of America (including its that portion of the contract for a lease of a territories and possessions), Puerto Rico and premises that indemnifies any person or Canada; organization for damage by fire to premises b. International waters or airspace, but only if the while rented to you or temporarily occupied by injury or damage occurs in the course of travel you with permission of the owner is not an or transportation between any places included 'insured contract'; g in Paragraph a.above; or b. A sidetrack agreement; 0 N C. All other parts of the world if the injury or c. Any easement or license agreement, except damage arises out of: in connection with construction or demolition (1) Goods or products made or sold by you in operations on or within 50 feet of a railroad; the territorydescribed in Paragraph a.9 P d. An obligation, as required by ordinance, to above; indemnity a municipality, except in connection (2) The activities of a person whose home is with work for a municipality; in the territory described in Paragraph a. e. An elevator maintenance agreement; above, but is away for a short time on your business; or f. That part of any other contract or agreement pertaining to your business (including an (3) 'Personal and advertising injury' offenses indemnification of a municipality in connection o that take place through the Internet or with work performed for a municipality) under similar electronic means of which you assume the tort liability of another communication; party to pay for 'bodily injury' or 'property provided the insured's responsibility to pay damage' to a third person or organization. damages is determined in a 'suit' on the Tort liability means a liability that would be SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 13 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) imposed by law in the absence of any 12. 'Mobile equipment' means any of the following contract or agreement. types of land vehicles, including any attached Paragraph f. does not include that part of any machinery or equipment: contract or agreement: a. Bulldozers, farm machinery, forklifts and other (1) That indemnifies a railroad for 'bodily vehicles designed for use principally off public injury' or'property damage' arising out of roads; construction or demolition operations, b. Vehicles maintained for use solely on or next within 50 feet of any railroad property and to premises you own or rent; affecting any railroad bridge or trestle, tracks, road beds, tunnel, underpass or c. Vehicles that travel on crawler treads; crossing; d. Vehicles, whether self-propelled or not, on (2) That indemnifies an architect, engineer or which are permanently mounted: surveyor for injury or damage arising out (1) Power cranes, shovels, loaders, diggers of: or drills; or (a) Preparing, approving or failing to (2) Road construction or resurfacing prepare or approve maps, drawings, equipment such as graders, scrapers or opinions, reports, surveys, change rollers; orders, designs or specifications; or e. Vehicles not described in Paragraphs a.,b.,c. (b) Giving directions or instructions, or or d.above that are not self-propelled and are failing to give them, if that is the maintained primarily to provide mobility to primary cause of the injury or permanently attached equipment of the damage; or following types: (c) Under which the insured, if an (1) Air compressors, pumps and generators, architect, engineer or surveyor, including spraying, welding, building assumes liability for an injury or cleaning, geophysical exploration, lighting damage arising out of the insured's and well servicing equipment; or rendering or failure to render professional services, including those (2) Cherry pickers and similar devices used listed in Paragraph (2) above and to raise or lower workers; supervisory, inspection or f. Vehicles not described in Paragraphs a.,b.,c. engineering services. or d. above maintained primarily for purposes 10. 'Leased worker' means a person leased to you by other than the transportation of persons or a labor leasing firm under an agreement between cargo, you and the labor leasing firm, to perform duties However, self-propelled vehicles with the related to the conduct of your business. 'Leased following types of permanently attached worker'does not include a'temporary worker.' equipment are not 'mobile equipment' but will 11. 'Loading or unloading' means the handling of be considered'autos': property: (1) Equipment designed primarily for: a. After it is moved from the place where it is (a) Snow removal; accepted for movement into or onto an aircraft,watercraft or'auto'; (b) Road maintenance, but not b. While it is in or on an aircraft, watercraft or construction or resurfacing;or 'auto'; or (c) Street cleaning; c. While it is being moved from an aircraft, (2) Cherry pickers and similar devices watercraft or 'auto' to the place where it is mounted on automobile or truck chassis finally delivered; and used to raise or lower workers; and but 'loading or unloading' does not include the (3) Air compressors, pumps and generators, movement of property by means of a mechanical including spraying, welding, building device, other than a hand truck, that is not cleaning, geophysical exploration, lighting attached to the aircraft,watercraft or'auto.' and well servicing equipment. 13. 'Occurrence' means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 14 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) 14. 'Personal and advertising injury' means injury, replacement, but which is otherwise including consequential 'bodily injury,' arising out complete, will be treated as completed. of one or more of the following offenses: The 'bodily injury' or 'property damage' must a. False arrest, detention or imprisonment; occur away from premises you own or rent, b. Malicious prosecution; unless your business includes the selling, handling or distribution of 'your product' for c. The wrongful eviction from, wrongful entry consumption on premises you own or rent. into, or invasion of the right of private b. Does not include 'bodily injury' or 'property occupancy of a room, dwelling or premises damage'arising out of: that a person occupies, committed by or on behalf of its owner, landlord or lessor; (1) The transportation of property, unless the d. Oral or written publication, in any manner, of injury or damage arises out of a condition material that slanders or libels a person or in or on a vehicle not owned or operated organization or disparages a person's or by you, and that condition was created by organization's goods, products or services; the 'loading or unloading' of that vehicle by any insured; or e. Oral or written publication, in any manner, of (2) The existence of tools, uninstalled material that violates a person's right of equipment or abandoned or unused privacy; materials. f. The use of another's advertising idea in your'advertisement'; or 17. 'Property damage' means: g. Infringing upon another's copyright, trade a. Physical injury to tangible property, including dress or slogan in your'advertisement.' all resulting loss of use of that property. All such loss of use shall be deemed to occur at 15. 'Pollutants' mean any solid, liquid, gaseous or the time of the physical injury that caused it; thermal irritant or contaminant, including smoke, or vapor, soot, fumes, acids, alkalis, chemicals and b. Loss of use of tangible property that is not co waste. Waste includes materials to be recycled, physically injured. All such loss of use shall be reconditioned or reclaimed deemed to occur at the time of the 16. 'Products—completed operations hazard': 'occurrence'that caused it. a. Includes all 'bodily injury' and 'property For the purposes of this insurance, electronic data damage' occurring away from premises you is not tangible property. own or rent and arising out of 'your product' As used in this definition, electronic data means or'your work' except: information, facts or programs stored as, created s (1) Products that are still in your physical or used on, or transmitted to or from computer possession; or software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, (2) Work that has not yet been completed or drives, cells, data processing devices or any other s abandoned. However, 'your work' will be media which are used with electronically "s deemed completed at the earliest of the following times: controlled equipment. (a) When all of the work called for in your 18. 'Software' means: contract has been completed. a. Electronic data processing, recording or (b) When all of the work to be done at storage media such as films, tapes, cards, the job site has been completed if discs, drums or cells; and your contract calls for work at more b. Data and programming records used for than one job site. electronic data processing or electronically (c) When that part of the work done at controlled equipment stored on such media; and the job site has been put to its intended use by any other person or c. Written or printed data, such as programs, organization other than another routines, and symbolic languages, essential to contractor or subcontractor working the operation of computers; and on the same project. d. Documents containing information on the Work that may need service, operation and maintenance of computers, maintenance, correction, repair or SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 15 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) 19. 'Suit' means a civil proceeding in which damages (c) A person or organization whose because of 'bodily injury,' 'property damage,' business or assets you have 'personal and advertising injury' to which this acquired; and insurance applies are alleged. 'Suit' includes: (2) Containers (other than vehicles), a. An arbitration proceeding in which such materials, parts or equipment furnished in damages are claimed and to which the connection with such goods or products. insured must submit or does submit with our b. Includes: consent; or b. Any other alternative dispute resolution (1) Warranties or representations made at proceeding in which such damages are any time with respect to the fitness, claimed and to which the insured submits with quality, durability, performance or use of our consent. your product'; and 20. 'Temporary worker' means a person who is (2) The providing of or failure to provide furnished to you to substitute for a permanent warnings or instructions. 'employee' on leave or to meet seasonal or short- c. Does not include vending machines or other term workload conditions. property rented to or located for the use of 21. 'Volunteer worker' means a person who is not others but not sold. your'employee,'and who donates his or her work 23. 'Your work': and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, a. Means: salary or other compensation by you or anyone (1) Work or operations performed by you or else for their work performed for you. on your behalf; and 22. 'Your product': (2) Materials, parts or equipment furnished in a. Means: connection with such work or operations. (1) Any goods or products, other than real b. Includes: property, manufactured, sold, handled, (1) Warranties or representations made at distributed or disposed of by: any time with respect to the fitness, (a) You; quality, durability, performance or use of your work'; and (b) Others trading under your name; or (2) The providing of or failure to provide warnings or instructions. SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 16 of 16 (Ed. 04/14) POLICY NUMBER INSURED NAME AND ADDRESS B 5094065724 BRODERICK ARCHITECTS PLLC 55 S ATLANTIC ST SUITE 301 SEATTLE, WA 98134 ADDITIONAL INTEREST SCHEDULE LOCATION 1 BUILDING 1 Type: Notice of Cancellation or Material Coverage Change Additional Interest Name and Address: CITY OF KENT 2019 W Meeker Street KENT WA 98032 Type: Lessor of Leased Equipment Additional Interest Name and Address: US BANK EQUIPMENT FINANCE 1310 Madrid Street MARSHALL MN 56258 LOSS PAYEE SCHEDULE All loss payees as their interests may appear in the Covered Property. The following provisions apply in accordance with the insurable interest of the loss payee: Loss Payee Description of Property: Any Covered Property in which a loss payee, creditor or lender holds an interest, including any person or organization you have entered a contract with for the sale of Covered Property. LOCATION 1 BUILDING 1 Description of Property: Loss Payee Type: Building Owner Loss Payable Loss Payee Name and Address: SOMERSET PROPERTIES, INC 55 S Atlantic St #402 SEATTLE WA 98134 Description of Property: ARCHICAD SOFTWARE, CONTRACT# 401-1458018-001 Loss Payee Type: Loss Payee Loss Payee Name and Address: MARLIN BUSINESS BANK C/O INSURANCE SERVICE CENTER PO BOX 368 MARLTON NJ 08053 I INSURED Page 4 of E CHA SB1(Ed. 4-16) CHANGES- NOTICE TO CERTIFICATEHOLDERS 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 written notice of cancellation or material change at a minimum of thirty(30) days prior to such 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: 1. If the policy is cancelled or not renewed, we will give written notice of such cancellation or nonrenewal to the Designated Entity shown in the Schedule above, or in the Declarations, at a minimum of thirty (30) days prior to such cancellation or nonrenewal. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity will state the effective date of cancellation or nonrenewal. However, such notice of cancellation or nonrenewal is solely for the purpose of informing the Designated Entity of the effective date of cancellation or nonrenewal and does not grant, alter, or extend any rights or obligations under this policy. 2. If we cancel or elect not to renew the policy for any reason other than nonpayment of premium, we will give 00 written notice to the Designated Entity shown in the Schedule above, or in the Declarations, at a minimum of thirty (30) days prior to such cancellation or nonrenewal, at the same time notice is given to the first Named Insured. a 3. If we cancel or elect not to renew this policy for nonpayment of premium, we will give written notice to the Designated Entity shown in the Schedule above, or in the Declarations. Such notice may be provided before or after the effective date of cancellation or nonrenewal. N 4. Failure to give notice in accordance with the terms of this endorsement does not: a. Alter the effective date of policy cancellation, nonrenewal or expiration; n s b. Render such cancellation or nonrenewal ineffective; e c. Grant, alter, or extend any rights or obligations under this policy; or d. Extend the insurance beyond the effective date of cancellation or policy expiration,whichever comes first. N 8 N All other terms and conditions of the Policy remain unchanged. S6147052C46(Ed.4-16) Page 1 of 1 Copyright,CNA All Rights Reserved. CNA SB146968B (Ed. 6-16) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effector becoming effective during the term of this policy; and 2. Executed prior to the: a. 'Bodily injury'or'property damage'; or b. Offense that caused the 'personal and advertising injury'; for which the additional insured seeks coverage cc B. The insurance provided to the additional insured is limited as follows: C C 0 1. The 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: a. Your acts or omissions; or 0 b. The acts or omissions of those acting on your behalf, e in the performance of your ongoing operations specified in the written contract or written agreement; or m c. 'Your work' that is specified in the written contract or written agreement, but only for 'bodily injury' or 0 'property damage' included in the 'products-completed operations hazard', and only if: (1) The written contract or written agreement requires you to provide the additional insured such coverage; h and s (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to 'bodily injury', 'property damage' or 'personal and advertising injury' arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing i= services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B(6-16) Page 1 of 2 Copyright,CNA All Rights Reserved. CNA S6 (Ed.d. 6-1 6-16) 4. The insurance provided to the additional insured does not apply to 'bodily injury', 'property damage' or 'personal and advertising injury' arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or'suit' under this insurance; 2. Tender the defense and indemnity of any claim or'suit'to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph D.2. below: a. Tender the defense and indemnity of any claim or 'suit' to any other insurer which also has insurance for a loss we cover under this Coverage Part; and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnity an additional insured under this endorsement until we receive written notice of a claim or'suit'from the additional insured. D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3.and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any 'suit' if any other insurer has a duty to defend the additional insured against that 'suit' If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2.and replace it with the following: 2. We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or 'your work' done under a contract with that person or organization and included within the 'products-completed operations hazard.' All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2 of 2 Copyright,CNA All Rights Reserved. I KENT REQUEST FOR MAYOR'S SIGNATURE Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) PPD T Approved by Director Originator: Lynn Osborn for Terry ]ungman Phone (Originator): X5111 Date Sent: 3/7/2019 Date Required: Soonest possible please Return Signed Document to: Lynn Osborn Contract Termination Date: 3/31/2020 VENDOR NAME: Date Finance Notified: Broderick Architects (Only required on contracts 3/7/2019 20 000 and over or on an Grant DATE OF COUNCIL APPROVAL: 3/5/2019 Date Risk Manager Notified: (Required on Non-City Standard Contracts/Agreements) Has this Document been Specificall Account Number: G20031 Authorized in the Budget? • YES NO Brief Explanation of Document: This is a Consultant Services Agreement with Broderick Architects in the amount of $200,200.00 for design development, permitting and construction documents for the Riverbend Golf Complex Driving Range Renovation and Expansion project. The project is funded by the golf enterprise capital account. Contract and project management will be conducted jointly Rl��NrManning & Development staff. All ;rhf~ 'Trough The Law Department (This(41/b-� be completed by the Law Department) Received: Approval of Law Dept.: �. (�i''� Law De t. Comments: '1 Date Forwarded to Mayor: Shaded Areas To. Completed By Administration Staff Received: i RECEIVED Recommendations and Comments: Disposition: s 3(141 L City of Kent ` Office of the Mayor Date Returned: iv,M orms\ ocument rocessing\ equest forMayor's Signature.doex