Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CAG2019-196 - Original - Engineering Economics, Inc. - Plumbing Fixture Replacements at Corrections - 04/05/2019
I,,: NT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission tot the City Clerk's Office. All portions are to be completed. f you have questions, please contact the City Clerk's Office at 253- 5G-572 . Vendor Name: Engineering Economics, Inc. 34553 Vendor Number (JDE): Contract Number (City Clerk): Category: -Contract Agreement Sub-Category (if applicable): None Project Name: Plumbing Fixture Replacements at Corrections -/ 0 12/31/19 Contract Execution Date: Termination Date: Contract Manager: Nancy Clary Department: Parks Contract Amount: $601500 Budgeted: 7 Grant? Part of NEW Budget: Local: ❑ State: ❑ Federal: ❑ Related to a New Position: ❑ Notice required prior to public disclosure? Basis for Selection of Contractor? Direct Negotiation Approval Authority: ❑ Director ✓❑ Mayor ❑ City Council Other Details: l,�d•l� KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Engineering Economics, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Engineering Economics, Inc. organized under the laws of the State of Colorado, located and doing business at 1201 Western Avenue, Suite 325, Seattle, 98101, Jeffrey Nichols, 206 622-1001, Jeff.Nichols@eelengineers.com (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: To provide complete engineering services for the plumbing fixture replacement and miscellaneous improvements at the City of Kent Correctional facility, located at 1230 Central Ave S. in Kent, as those tasks and deliverables are described in Fee Proposal No. 03- 19092.01 dated March 5, 2019, which is attached and incorporated as Exhibit A. Although Exhibit A includes Consultant's "General Terms and Conditions," the parties specifically exclude those provisions from Incorporation into this Agreement, and they shall not apply to Consultant's work under this Agreement. 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 December 31, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $60,500.00, 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The 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 an 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 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 JNP-Q5J,RlAI= IN�tA 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. $ ryable Mgrtafs. 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) C. Resolution of DiSDLIteS andv i .a This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all Its legal costs and attorney's fees incurred In defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; proyided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. 1�l itten Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. A, 5$jgLlMent. 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. Mrd.ifJ0 i q. 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. rajgrenlgn,,. 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. !�gMgllance wAl1_.Lgw.. 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. pi.t Ili ecQd . 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. Cltv Busine5s Licen c_Q_ir �(. 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. Co.� T criaa-Ls and Signatures by Fax or En�� j, 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: 13y. }sl nature) y' (signatu ) Print Name: J re Nichols Print Name: Dante RaIR its �e-Pr-es d-eIlt Its Ma (title) C DATE: March 20, 2019 DATE: J NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jeffrey D. Nichols Nancy Clary Engineering Economics, Inc. City of Kent 1201 Western Avenure, Suite 325 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 206 622-1001 (telephone) (253) 856-5084 (telephone) (facsimile) (253) 856-6080 (facsimile) __ _ ----- .._.. APPR 1�+ D AS TO FORM: A KeLaDepartmentmwA Kent Cily Clerk _ _r CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY. The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, 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: For: Engineering Economics Inc. Title: Vice-President Date: March 20 2019 EEO COMPLIANCE DOCUMENTS - 1 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 Engineering Economics, Inc. b� g Fy it 1201 Western Avenue,Suite 325 I 1r' Seattle,Washington 98101 CHE AIM35rdZ Telephone:206.622.1001 March 5, 2019 Alex Ackley Facilities Superintendent City of Kent Facilities I Parks Recreation & Community Services 220 Fourth Avenue South, Kent, WA 98032 Re: City of Kent— Correctional Facility Plumbing Fixture Replacement and Misc. Improvements Engineering Services EEI Proposal No. 03-19092.01 Dear Alex: The following is our proposal to provide complete engineering services for the above-mentioned project in accordance with our review and understanding of the scope of work. GENERAL The project scope consists of replacement of existing cell block porcelain toilets, lavatories and trim with combined correctional grade stainless steel plumbing units. Work will be designed as a single project bid package, however the work shall be phased to accommodate schedule as determined to be most feasible with City. EEI will use record drawings to verify existing conditions. City will provide AutoCAD electronic floor plan backgrounds for use in preparing base sheet drawings. City will provide Division 0 Procurement and Contracting Requirements. EEI will provide Division 1 and technical specifications. SCOPE OF WORK Plumbing Design Requirements 1. Plumbing fixture selection, to replace existing. Modify layout and location as required. Modify plumbing connections to accommodate new units. Demo CMU plumbing divider partition, patch and paint walls as required. 2. Add tagged and color labeled service chase service isolation valves and piping. Provide automated new plumbing controls to reduce maintenance and vandalism. Provide replacement emergency cell block water shut off valves and upgrade existing low voltage remote control panel. 3. Replace existing floor drain waste pipe and drain with new floor drain trench. This repairs existing blockage in waste line and adds larger collection drain to accommodate flooding. 4. Replace failing hot water recirculation pipe that has been identified. EXHIBIT A Alex Ackley City of Kent March 5, 2019 Page 2 Structural and Electrical Requirements Provide structural review for cutting and patching walls and floors and electrical supporting requirements for valve control power and control wiring. Architectural Requirements All interior piping and equipment will be enclosed above ceilings or below floors, and chases which will be detailed. Location of correctional grade access panels will be detailed. Patch and paint as required to match existing services. DESIGN SUBMITTALS 1. Progress drawings are to be prepared for 50%, 90% and 100% submittals. 2. Technical specifications to include outline at 50% and at 90% and 100%. 3. Relative order of magnitude estimate of probable cost of work at each deliverable. 4. Submit to City for permit review and incorporate comments. 5. Bidding support to include walk thorough and answer bidding clarifications. Issue addendum as appropriate. 6. Review and recommendations for bid tabulation. CONSTRUCTION PHASE SERVICES 1. Respond to permit review questions for mechanical review. 2. Review shop drawings and equipment submittals for compliance with project plans and specifications. 3. Answer RFIs during construction phase. 4. Attend up to 10 construction site visits/ progress meetings during construction phase estimated at 6 month duration and provide site visit reports. 5. Final punch list site visit for corrective issues. 6. Provide review of record plans and transferring record drawing redline changes to ACAD. 7. Review of O&M manuals. COMMISSIONING PHASE 1. Develop a commissioning plan. 2. Perform commissioning design reviews prior to the start of CDs and nearing the end of CDs. 3. Conduct up 4 commissioning meetings during testing phase. 4. Prepare issues reports of observations, test results and problems. 5. Log issues reports and track each issue to resolution. 6. Develop project-specific functional performance test procedures. 7. Review contractor testing documentation. 8. Coordinate and schedule commissioning with the construction manager. 9. Witness and document functional testing performed by contractors. 10. Issue final commissioning report. 11. Perform warranty review of system operation at 10 months. EXHIBIT A Alex Ackley City of Kent March 5, 2019 Page 3 ADDITIONAL SERVICES These services shall only be provided if authorized or confirmed by Client in advance and in accordance with our hourly rates: 1. Hazardous materials identification and remediation services. 2. Providing detailed cost estimating services, except as noted above. 3. Provide design services for modifications or improvements of mechanical/electrical systems outside of the above scope of work. 4. Provide modifications or changes during construction document phase which are inconsistent with approvals or instruction originally given. 5. Provide design analysis for alternate systems. 6. Provide life-cycle, operating, and energy cost analysis. 7. Provide value engineering services during bidding and negotiation. 8. Meetings in excess as noted above. FEE PROPOSAL Basic Services: Our fee proposal for design and construction review services shall be a lump sum fee as follows: Design and Bidding Phase.........................................................................................$32,500 ConstructionPhase....................................................................................................$19,500 Commissioning Phase.................................................................................................$7,500 Reimbursable expenses for actual expenses incurred shall be billed in addition to the basic fee at not markup estimated at $1,000.00. TERMS AND CONDITIONS Terms and conditions will be per our standard Terms and Conditions, as attached. We very much look forward to working with you on this exciting project. Sincerely, Engineering Economics Inc. 4 yj�� Jeffrey D. Nichols, PE, LEED®AP, CPMP Attachments: EEI Standard Rate Schedule Terms and Conditions EXHIBIT A Alex Ackley City of Kent March 5, 2019 Page 4 ROVAL TO PROCEED IF APPRO , LEASE SIGN AND RETURN A COPY OF THIS AGREEMENT. Approved and accepted thi day of 20 Alex Ackley City of Kent S ure Print Name and Title EXHIBIT A ENGINEERING ECONOMICS, INC. CONSULTING RATE SCHEDULE WASHINGTON 2019 Up To Principal................................................................................................................. $200/Hour Associate............................................................................................................... $180/Hour Sr. Project Manager............................................................................................... $155/Hour ProjectManager..................................................................................................... $150/Hour Asst. Project Manager............................................................................................ $135/Hour Sr. Project Engineer............................................................................................... $135/Hour Sr. Technician........................................................................................................ $120/Hour ProjectEngineer .................................................................................................... $115/Hour Technician.............................................................................................................. $110/Hour SupportEngineer................................................................................................... $110/Hour Tech Support/Project Admin .....................................................................................$70/Hour Jr. Technician........................................................................................................... $70/Hour Administrative Support............................................................................................. $70/Hour Analytics Specialists Associate............................................................................................................... $180/Hour Sr. Software Engineer/Analyst................................................................................ $175/Hour Information Technology Specialist.......................................................................... $130/Hour CONSULTANTS 110% of invoice received REIMBURSABLE EXPENSES Tools and Equipment Usage........................................................................... at market rates Photocopies and Prints (in-house) .................................................................. at market rates Mileage: Personal Car......................................................................................... at IRS rates Postage............................................................................................................. at cost + 10% TravelExpenses ............................................................................................... at cost + 10% OtherExpenses................................................................................................ at cost + 10% These are current rates and are subject to review and revision annually. Rate Schedule—Washington—2019 ®Engineering Economics,Inc. CONFIDENTIAL EXHIBIT A Engineering Economics, Inc. (EEI) General Terms and Conditions 1. Representatives and Notices A. Engineering Economics, Inc. (EEI)shall designate a Project Manager who will be responsibl for managing and directing EEI's performance and the delivery of its Services. All instructio s, requests for changes, and formal notices from Client to EEI shall be directed by Cli nt's Representative, in writing, to EEI's Project Manager. EEI's Project Manager sha have authority to act for EEI in all matters concerning the Project. B. Client shall designate a Representative to whom all of EEI's requests for " structions, changes, and formal notices will be directed. Client's Representative shall h e authority to act for Client in all matters concerning the Project. C. All notices, instructions, change orders, and other formal communicati s shall be made in writing and shall be deemed effective as of the date and time of recei . D. The provisions of this section do not preclude the transmission o routine correspondence, drawings, messages, and information pursuant to the Pr ect between the Client's representative, EEI's Project Manager or others working on th Project. 2. Client-Furnished Data A. Client shall provide at no cost to EEI, necessary draw' gs, surveys, physical site data, and other pertinent information required for the performa a of Services, and EEI shall be entitled to rely on same. B. When EEI provides commissioning services, a Client agrees that EEI shall be entitled to rely upon the completeness and accuracy all information provided by the Client to EEI. The Client further agrees that EEI shall no a responsible in anyway for errors or omissions contained in any drawings or specificati s prepared by others or for errors or omissions by others in incorporating EEI's recomm dations into the reports, drawings, or specifications. In addition, the Client agrees to wive all claims against EEI arising from the services performed by others on the Proje or from the services to be provided by EEI under this Agreement, except for the sole gligence or willful misconduct of EEI. 3. Existing Conditions A. EEI shall have no respo ibility or liability for the identification, removal, or disposal of any toxic substances. Clie will defend, indemnify, and hold harmless EEI from any claim, suit or liability whatsoeve , including but not limited to all payments, expenses, or costs involved, arising from or alle d to have arisen out of or related to the presence of toxic substances or alleged toxic sub ances on the Project. B. The parties a nowledge that, in order to perform the Services, EEI maybe required to make certain ass ptions relating to the operation of existing building systems. Unless expressly included ' EEI's Scope of Service, EEI shall have no responsibility or liability for the correct operati of existing building systems, such as, but not limited to, main air distribution syste s, plumbing systems, fire pumps and fire sprinkler distribution systems, electrical se ce equipment and risers, lighting, fire alarm systems, and any other existing equipment s stems. rms and Conditions 1 EXHIBIT A Engineering Economics, Inc. (EEI) General Terms and Conditions 4. Changes A. Client may, from time to time, change or modify the Scope of Services by instructing EEI t perform Additional Services or may direct the omission of Services previously ordered. I may perform such changes, and EEI's compensation and schedule for performance sh be equitably adjusted. Compensation for such changes shall be on an hourly b is in accordance with EEI's Standard Hourly Rate Schedule or other method as agreed pon at the time the change is requested. 5. Scheduling and Progress Reports A. EEI shall, if requested by Client, prepare and submit to Client an estimate schedule for the performance of the Services. B. On or before the fifth (5th) day of each calendar month while perfor ing the Services, EEI shall, if requested by Client, prepare and submit to Client a progr s report indicating any approved changes made during the preceding month and esti ting the total charges to complete the Services. 6. Responsibility A. EEI will perform all Services in accordance with the st dard of care, skill, and diligence normally provided by a professional consulting engine r in the performance of the same or similar services. In the event EEI fails to provide suc standards of care, skill, and diligence, EEI shall, at its own cost, correct EEI's defective pl ns, specifications or other Services. B. Since EEI has no control over the cost of labor, aterials, or equipment, or over a contractor's method of determining prices, competitive b' ding or market conditions, EEI's opinions of probable construction cost, if any, are to made on the basis of EEI's experience and qualifications. Such opinions represent I's best judgment as a professional consulting engineer familiar with the construction i ustry. EEI does not guarantee that proposals, bids, or final construction costs will not va from opinions of probable cost prepared by EEI. If Client wishes greater assurance s to the construction cost, Client shall employ an independent cost estimator. 7. Billing and Payment A. Progress billings shall be r ndered monthly to the Client and shall be due and payable not more than thirty (30) day after receipt by Client. EEI shall not be subject to any retainage or "pay-when-paid" policie or provisions. B. Past due amounts all accrue interest at the rate of one and one-half percent (1-1/2%) per month. Invoices all be accompanied by such data as may be required to support the invoices, when quested by the Client. In addition, Client agrees to pay any and all costs, fees, charge or expenses (including without limitation all reasonable legal fees and litigationZarb ration fees and costs) incurred in recovering any past due amounts owed to EEI by the clie t. C. EEI sh I be entitled to invoice and collect from Client for any services performed prior to the signi g of this Agreement. These services may be invoiced immediately or over the course of e project. In the event that this Agreement is a fixed fee, all services rendered prior to t e signing of this Agreement shall be considered part of the fee. Term C. Conditions 2 EXHIBIT A Engineering Economics, Inc. (EEI) General Terms and Conditions D. Client's payment of EEI's final invoice shall constitute a release of all claims by Client again EEI except for any claim specifically reserved by Client in writing at the time of final paym t. E. EEI shall be entitled to suspend performance of Services if invoices are unpaid for 6 days or longer. 8. Sales and Similar Taxes A. EEI's compensation does not include sales, use, excise or similar taxes. C nsequently, in addition to the compensation set forth, the amount of any present or future les, use, excise or other similar tax applicable to Services shall be paid by Client, or in lie hereof Client shall provide EEI with tax-exemption evidence acceptable to the taxing auth rities. 9. Suspension and Termination A. Client shall have the right to suspend or terminate all or a portio of the Services at any time upon prior written notice to EEI. In the event of terminati n, EEI shall be paid EEI's compensation for all Services performed up to the ter ination date, plus reasonable termination expenses, if any. B. This Agreement maybe terminated by either party upo seven (7) days'written notice should the other party fail substantially to perform in accor nce with its terms through no fault of the party initiating the termination. C. In the event Client shall delay or suspend the rk without termination, EEI shall be entitled to terminate its performance of the Services pon the expiration of six (6) months following the date of such delay or suspension. D. In the event performance of the Se ces is suspended, EEI's compensation shall be equitably adjusted to reflect such su ension. EEI shall advise Client of the compensation adjustment resulting from the susp sion of Services. The compensation adjustment will be based on EEI's ability to reason ly relocate personnel, and any materials or equipment during the suspension period. E. If the financial condition of lient at any time does not, in the judgment of EEI, justify continuance of Services o the terms of payment agreed upon, EEI may require adequate assurance of Client's a My to pay for Services performed. In the event such reasonable assurance is not timel received by EEI, it shall be entitled to cease further performance of this Agreement and all receive reimbursement for its reasonable and proper cancellation charges. In the ev t of bankruptcy or insolvency of Client or in the event any proceeding is brought against ient, voluntarily or involuntarily, under the bankruptcy or insolvency laws, EEI shall be e itled to cease further performance of this Agreement at any time during the period allow for filing claims against the estate and shall receive reimbursement for its reasonable nd proper cancellation charges. 10. Indemnificati n and Insurance A. EEI nd Client agree to indemnify and hold harmless each other from and against all damage, Io , claim, or injury (including death) to persons and to property caused by their own egligent acts, errors, or omissions in connection with the work. Terms and Conditions 3 EXHIBIT A Engineering Economics, Inc. (EEI) General Terms and Conditions B. EEI and Client shall procure and maintain Worker's Compensation, Employers' Liability, and Comprehensive General Liability insurance. EEI and Client shall name each other as Additional Insureds on their respective policies. C. Copies of EEI's and the Client's insurance certificates will be furnished to each other. 11. Limitations of Liability A. EEI's liability with regard to claims, losses, costs, and damages or any nature arising from this Agreement; from the performance or breach thereof; or from the services provided hereunder shall not exceed EEI's total fees for the project or $50,000, w hever is greater. It is intended that this limitation shall apply to any and all liability or cau of action however alleged or arising, unless otherwise prohibited by law. B. In no event, whether on contract, warranty, or tort, including negligence or otherwise, shall EEI be liable for special, incidental, exemplary or consequential damages including, but not limited to, loss of profits or revenue, loss of use of any equip ent, cost of capital, cost of purchased power, cost of substitute equipment, facilities or ervices, downtime costs, or claims of customers of Client for such damages. If Clien is furnishing EEI's services or materials to a third party by contract, Client shall obtain rom such third party a provision affording EEI and its suppliers the protection of the prec ding sentence. C. In no event shall EEI be liable for any loss or dama whatsoever arising from its failure to discover or repair latent defects, or defects inh rent in the design of the building or equipment. D. EEI's liability for any loss or damage shall not elude loss or damage caused by defects not observable by EEI, or units or parts returned o use against the advice of EEI. E. The invalidity, in whole or part, of any of th foregoing paragraphs will not affect the remainder of such paragraph or any other paragra h of this article. 12. Successors and Assigns A. This Agreement shall be binding , pon and inure to the benefit of the respective successors, executors, administrators, and ssigns of EEI and Client. 13. Non-Waiver A. The failure by either p rty, at any time, to enforce or to require strict compliance or performance of any of e provisions of this Agreement shall not constitute a future waiver of such provisions and all not affect or impair in any way its rights at any time to enforce said provisions or to av i itself of such remedies as it may have for any breach of such provision. 14. Governing Law A. The terms o this Agreement shall be construed and interpreted under, and all respective rights and uties of the parties shall be governed by, the laws of the State of Washington. 15. Other Agree ents; No Third Party Beneficiaries A. All gotiations, proposals, and agreements prior to the date of this Agreement are merged an superseded by this Agreement. This Agreement constitutes the entire Agreement tween the parties and no changes, modifications or amendments to this Agreement shall Terms an Conditions 4 EXHIBIT A Engineering Economics, Inc. (EEI) General Terms and Conditions be valid unless agreed to by the parties in writing and signed by their authorized officers. Thi Agreement shall not be construed as granting any rights to any third party based on the the of third party beneficiary or otherwise. 16. Binding Arbitration A. In the event conflicts arise under this Agreement between EEI and Client, both p ies agree that all disputes arising out of, or relating to,this Agreement shall be submitted t non-binding mediation unless the parties mutually agree otherwise. In the event th non-binding mediation is unable to resolve these conflicts, both parties further agree o resolve their disputes through binding arbitration, as allowed by the laws gover ng the State of Washington, and pursuant to the Construction Industry Arbitration Ru s of the American Arbitration Association. Such arbitration proceedings will be c ducted in Seattle, Washington. END OF DOCUMENT Terms a d Conditions 5 EXHIBIT B INSURANCE REQUIREMENTS FO CONSULTANT SERVICES AGREEMENTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liabllity 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 Commercial General Liability Insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Insured under the Contractor'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. 2. ,Professional Liability (Er rors& Omissions) insurance appropriate to the Consultant's profession. 3. AUtomobil lability insurance covering all owned, non-owned, hired and [eased 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. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability Insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Professional Liability (Errors & Omisslons) Insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 3. Automobile Liabllity insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) 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 Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor`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 contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Crrrlficai~e of Insurance,. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor'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 ANM E. Verification of Coverage Contractor 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 Contractor 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 Contractor, Client#: 1083759 ENGINECO ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 312112019 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Colorado, LLC Prof Liab PA/C No HONE Ext 800 873-8500 FAA/C,No): P.O. Box 7050 E-MAIL ADDRESS: Englewood,CO 80155 INSURER(S)AFFORDING COVERAGE NAIC# 800 873-8500 INSURER A ve Tralers Indemnity Co of America 25666 INSURED INSURER B:Travelers Indemnity Company 25658 Engineering Economics, Inc. INSURER C XLSpeciaay Insurance Company 37885 780 Simms Street,Suite 210 25674 INSURER D;Travelers Property Cas.Co.of America Golden,CO 80401 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 CONTRACTOR OTHER DOCUMENT VVITH 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. ADDLSUBR LTRR TYPE OF INSURANCE NSR WVD POLICY NUMBER MMILDDIYYYY MMILDDfYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6806H183881 10/01/2018 10101/2019 EACH OCCURRENCE s2,000,000 CLAIMS-MADE AI OCCUR PREMISES(Eaoccu ence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 PRO- PRODUCTS-COMP/ A $ POLICY�JECT OPGG4 LOC >000000> OTHER: $ D AUTOMOBILE LIABILITY Y Y BASD498733 10/01/2018 10/01/201 EO aec,den SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROP RTY DAMAGE $ AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB X OCCUR Y Y CUP1C489805 10/01/2018 10/01/2019 EACH OCCURRENCE $5000000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5 00O 000 DED I X RETENTION$10000 $ B WORKERS COMPENSATION Y UB006J420063 10/01/2018 10/01/201 X PER OTH- STATUTE rR AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1 00O 000 OFFICER/MEMBER EXCLUDED? 7 N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Y DPR9932776 10/01/2018 10/01/2019 1,000,000 per claim Liability $2,000,000 annl aggr. Claims Made DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) As required by written contract or written agreement,the following provisions apply subject to the policy terms,conditions, limitations and exclusions:The Certificate Holder and owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability: Designated insured under Automobile Liability;and Additional Insured under Umbrella/Excess Liability but only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S25256377/M23979399 DVMZP DESCRIPTIONS (Continued from Page 1) The General Liability,Automobile Liability, Umbrella/Excess insurance policies applies on a primary and non-contributory basis.A Blanket Waiver of Subrogation applies for General Liability,Automobile Liability, Umbrella/Excess Liability and Workers Compensation.The Umbrella/Excess Liability policy provides excess coverage over the General Liability,Automobile Liability and Employers Liability. Please note that Additional Insured status does not apply to Professional Liability or Workers' Compensation. **Workers Compensation coverage does not apply to employees who are hired or reside in the States of North Dakota,Ohio,Washington, and Wyoming. Employer's Liability Stop Gap coverage applies to the States of North Dakota, Ohio,Washington,and Wyoming. RE: EEI Project#03-19092, City of Kent Corrections Facility. SAGITTA 25.3(2016/03) 2 of 2 #S25256377/M23979399 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 6806H183881 OFFICE PAC ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - COMPLETEDOPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract toinclude as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products-completed operations hazard, provided that such contract was signed and executed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY"YOUR WORK" AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS-COMPLETED OPERATIONS HAZARD". CG 20 37 07 04 Copyright ISO Properties, Inc. 2004 This page has been left blank intentionally. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 6806H183881 OFFICE PAC ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you have agreed in a written contract or agreement to waive your right of recovery against, but only for payments we make because of: 1 ."Bodily injury" or "property damage" that occurs; or 2."Personal injury" or "advertising injury" caused by an offense committed; after you have executed that contract or agreement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV-COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above 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 in the products-completed operations hazards. This waiver applies only to the person or organization shown in the Schedule above. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: OFFICE PAC ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 6806H183881 OFFICE PAC ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) Or ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when, the bodily injury or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s)or Organization(s) in the Schedule applies (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", "PERSONALINJURY" OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF;IN THEPERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONALINSURED(S) ATTHE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED,THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY; This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: OFFICE PAC ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: offense committed, after: 1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK, ON THE PROJECT(OTHER THAN SERVICE,MAINTENANCE OR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONALINSURED(S)AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED; OR 2. THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR APRINCIPAL AS A PART OF THE SAME PROJECT. CGD361 0305 Copyright 2005 The St. Paul Travelers Companies, Inc. All rightsreserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. — T. and V. of this endorsement broaden coverage. Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured N. Additional Insured — Architect. Engineer Or B. Incidental Medical Malpractice Surveyor C. Reasonable Force — Bodily Injury Or Property 0. Who Is An Insured — Newly Acquired Or Formed Damage Organizations D. Non-Owned Watercraft — Increased To Up To 75 P. Who Is An Insured — Unnamed Partnership Or feet Joint Venture— Excess E. Aircraft Chartered With Crew Q. Per Project General Aggregate Limit F. Extension Of Coverage — Damage To Premises R. Knowledge And Notice Of Occurrence Or Rented To You Offense G. Malicious Prosecution — Exception To Knowing S. Unintentional Omission Violation Of Rights Of Another Exclusion T. Waiver Of Transfer Of Rights Of Recovery H. Medical Payments Limit Against Others To Us When Required By Con- t. Increased Supplementary Payments tract Or Agreement J. Additional Insured — Owner; Manager Or Lessor U. Amended Bodily Injury Definition Of Premises V. Amended Insured Contract Definition — Railroad K. Additional Insured— Lessor Of Leased Equipment Easement L. Additional Insured — State Or Political Subdivi- W. Amended Property Damage Definition — Tangible Property sions — Permits Relating To Premises M. Additional Insured — State Or Political Subdivi- X. Additional Definition — Contract or Agreement Requiring Insurance sions— Permits Relating To Operations PROVISIONS coverage for any such additional organization A. BROADENED NAMED INSURED will cease as of the date, if any, during the policy period, that you no longer are the sole I. The Named Insured in Item 1. of the Com- owner of, or maintain the majority ownership mon Policy Declarations is amended as fol- interest in, such organization. lows: 2. This Provision A. does not apply to any per- The person or organization named in Item 1. son or organization for which coverage is ex- of the Common Policy Declarations and any eluded by another endorsement to this Cov- organization, other than a partnership, joint venture, limited liability company or trust, of erage Part. which you are the sole owner or in which you B. INCIDENTAL MEDICAL MALPRACTICE maintain the majority ownership interest on 1. The following is added to Paragraph 1. Insur- the effective date of the policy. However, ing Agreement of COVERAGE A BODILY CG D3 79 09 07 0 2007 The Travelers Companies,Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILITY INJURY AND PROPERTY DAMAGE LI- C. REASONABLE FORCE — BODILY INJURY OR ABILITY in COVERAGES (Section 1): PROPERTY DAMAGE "Bodily injury" arising out of the rendering of, The Expected Or Intended Injury Exclusion in or failure to render. "first aid" or "Good Sa- Paragraph 2. Exclusions of COVERAGE A maritan services" to a person, other than a BODILY INJURY AND PROPERTY DAMAGE co-"employee" or "volunteer worker", will be LIABILITY in COVERAGES (Section 1) is de- deemed to be caused by an "occurrence". leted and replaced by the following: For the purposes of determining the applica- Expected Or Intended Injury Or Damage ble limits of insurance, any act or omission together with all related acts or omissions in "Bodily injury" or "property damage" expected or the furnishing of the services to any one per- intended from the standpoint of the insured. This son will be deemed one "occurrence". exclusion does not apply to "bodily injury" or 2. As used in this Provision B,: "property damage" resulting from the use of rea- sonable force to protect any person or property. a. "First aid" means medical or nursing ser- D. NON-OWNED WATERCRAFT — INCREASED vice, treatment. advice or instruction; the TO UP TO 75 FEET related furnishing of food or beverages; the furnishing or dispensing of drugs or 1. The exception contained in Subparagraph (2) medical supplies or appliances; of the Aircraft, Auto Or Watercraft Exclu- sion in 2. Exclusions of COVERAGE A b. "Good Samaritan services" means those BODILY INJURY AND PROPERTY DAM- medical services rendered or provided in AGE LIABILITY in COVERAGES (Section I) an emergency and for which no remu- is deleted and replaced by the following: neration is demanded or received. 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- (2) A watercraft you do not own that is: SURED (Section 11) does not apply to any of (a) Less than 75 feet long; and your "employees", who are not employed as (b) Not being used to carry persons or a doctor or nurse by you, but only while per- property for a charge; forming the services described in Paragraph 2. Only as respects the insurance provided by 1. above and while acting within the scope of this Provision D., WHO IS AN INSURED their employment by you. Any such "employ- (Section 11) is amended to include as an in- ees" rendering "Good Samaritan services" sured any person who, with your expressed will be deemed to be acting within the scope or implied consent, either uses or is respon- of their employment by you. sible for the use of the watercraft. 4. The following exclusion is added to Para- 3. The insurance provided by this Provision D. graph 2. Exclusions of COVERAGE A BOD- shall be excess over any valid and collectible 1LY INJURY AND PROPERTY DAMAGE other insurance available to the insured, LIABILITY in COVERAGES(Section 1): whether primary, excess, contingent or on Sale of Pharmaceuticals any other basis, except for insurance pur- "Bodily injury" or "property damage" aris- chased specifically by you to apply in excess ing out of the willful violation of a penal of the Limits of Insurance shown in the Decla- statute or ordinance relating to the sale of rations for this Coverage Part. pharmaceuticals committed by or with the E. AIRCRAFT CHARTERED WITH CREW knowledge or consent of the insured. 1. The following is added to the exceptions con- k. The insurance provided by this Provision B. tained in the Aircraft, Auto Or Watercraft shall be excess over any valid and collectible Exclusion in Paragraph 2. Exclusions of other insurance available to the insured, COVERAGE A BODILY INJURY AND whether primary, excess, contingent or on PROPERTY DAMAGE LIABILITY in COV- any other basis, except for insurance pur- ERAGES(Section 1): chased specifically by you to apply in excess Aircraft chartered with crew, including a pilot, of the Limits of Insurance shown in the Decla- to any insured. rations for this Coverage Part_ Page 2 of 8 0 2007 The Travelers Companies,Inc. CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY 2. This Provision E. does not apply if the char- any one premises while rented to you, or tered aircraft is owned by any insured. temporarily occupied by you with permission 3. The insurance provided by this Provision E. of the owner, caused by: fire; explosion; light- shall be excess over any valid and collectible ning; smoke resulting from such fire, explo- other insurance available to the insured, sion, or lightning; or water. The Damage To whether primary, excess, contingent or on Premises Rented To You Limit will apply to any other basis, except for insurance pur- all "property damage" proximately caused by chased specifically by you to apply in excess the same 'occurrence", whether such dam- of the Limits of Insurance shown in the Decla- age results from: fire; explosion; lightning; rations for this Coverage Part. smoke resulting from such fire, explosion, or F. EXTENSION OF COVERAGE — DAMAGE TO lightning; or water; or any combination of any PREMISES RENTED TO YOU of these causes. 1. The last paragraph of COVERAGE A BOD- The Damage To Premises Rented To You Limit will be the higher of; ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section 1) is a. $1,000,000; or deleted and replaced by the following: b. The amount shown for the Damage To Exclusions c. through n. do not apply to dam- Premises Rented To You Limit in the age to premises while rented to you, or tem- Declarations for this Coverage Part. porarily occupied by you with permission of 4. Paragraph a. of the definition of"insured con- the owner, caused by: tract" in DEFINITIONS (Section V) is deleted a. Fire; and replaced by the following: b. Explosion; a. A contract for a lease of premises. How- ever, that portion of the contract for a c. Lightning; lease of premises that indemnifies any d. Smoke resulting from such fire, explo- person or organization for damage to sion, or lightning; or premises while rented to you, or tempo- e. Water. rarily occupied by you with permission of the owner, caused by: fire; explosion; A separate limit of insurance applies to this lightning; smoke resulting from such fire, coverage as described in LIMITS OF IN- explosion, or lightning; or water is not an SURANCE (Section III). "insured contract': 2. The insurance under this Provision F. does 5. This Provision F. does not apply if coverage not apply to damage to premises while rented for Damage To Premises Rented To You of to you, or temporarily occupied by you with COVERAGE A BODILY INJURY AND permission of the owner, caused by: PROPERTY DAMAGE LIABILITY in COV- a. Rupture, bursting, or operation of pres- ERAGES (Section 1) is excluded by another sure relief devices; endorsement to this Coverage Part. b. Rupture or bursting due to expansion or G. MALICIOUS PROSECUTION — EXCEPTION TO swelling of the contents of any building or KNOWING VIOLATION OF RIGHTS OF AN- structure, caused by or resulting from wa- OTHER EXCLUSION ter; or The following is added to the Knowing Violation c. Explosion of steam boilers, steam pipes, Of Rights Of Another Exclusion in 2. Exclu- steam engines, or steam turbines. sions of COVERAGE B PERSONAL INJURY, 3. Paragraph 6. of LIMITS OF INSURANCE ADVERTISING INJURY AND WEB SITE IN- (Section Ili) is deleted and replaced by the JURY LIABILITY of the WEB XTEND LIABILITY following: Endorsement: Subject to 5. above, the Damage To Prem- This exclusion does not apply to "personal injury" ises Rented To You Limit is the most we will caused by malicious prosecution. pay under Coverage A for the sum of all damages because of "property damage" to CIS D3 79 09 07 0 2007 The Travelers Companies,Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY H. MEDICAL PAYMENTS LIMIT (2) Any structural alterations, new con- The Medical Expense Limit shown in the Declara- struction or demolition operations tions for this Coverage Part is increased to performed by or on behalf of such $10,000. additional insured; or I. INCREASED SUPPLEMENTARY PAYMENTS (3) Any premises for which coverage is Paragraphs 1.b. and 1.d. of SUPPLEMENTARY excluded by another endorsement tothis Coverage Part. PAYMENTS — COVERAGES A AND B in COV- ERAGES (Section 1) are amended as follows: 3. This Provision J. does not apply on any basis to any person or organization for 1. In Paragraph 1.b., the amount we will pay for which coverage as an additional insured the cost of bail bonds is increased to $2500. specifically is added by another en- 2. In Paragraph 1.d., the amount we will pay for dorsement to this Coverage Part. loss of earnings is increased to $500 a day. K. ADDITIONAL INSURED — LESSOR OF J. ADDITIONAL INSURED — OWNER, MANAGER LEASED EQUIPMENT OR LESSOR OF PREMISES 1. WHO IS AN INSURED (Section II) is 1. WHO IS AN INSURED (Section II) is amended to include as an insured: amended to include as an insured: Any person or organization that you have Any person or organization that you have agreed in a contract or agreement to include agreed in a contract or agreement to include as an additional insured on this Coverage as an additional insured on this Coverage Part. but: Part, but: a. Only with respect to liability for "bodily in- a. Only with respect to liability for "bodily in- jury" or"property damage" that occurs, or jury" or"property damage"that occurs, or "personal injury" caused by an offense "personal injury" caused by an offense committed, after you have entered into committed, after you have entered into that contract or agreement; and that contract or agreement; and b. Only if the "bodily injury", "property Jam- b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in age" or "personal injury" is caused, in whole or in part, by acts or omissions of whole or in part, by acts or omissions of you or any person or organization per- you or any person or organization per- forming operations on your behalf, in the forming operations on your behalf, and maintenance, operation or use of equip- arises out of the ownership, maintenance ment leased to you by such additional in- or use of that part of any premises leased sured. to you under that contract or agreement. 2. The insurance provided to such additional 2. The insurance provided to such additional insured under this Provision K. is subject to insured under this Provision J. is subject to the following provisions: the following provisions: a. The limits of insurance afforded to such a. The limits of insurance afforded to such additional insured shall be the limits additional insured shall be the limits which you agreed to provide in the con- which you agreed to provide in the con- tract or agreement, or the limits shown in tract or agreement, or the limits shown in the Declarations for this Coverage Part, the Declarations for this Coverage Part, whichever are less, and whichever are less; and b. The insurance afforded to such additional b. The insurance afforded to such additional insured does not apply: insured does not apply to: (1) To any "bodily injury" or "property (1) Any "bodily injury" or "property dam- damage" that occurs, or"personal in- age" that occurs, or "personal injury" jury" caused by an offense commit- caused by an offense committed, af- ted, after the equipment lease ex- ter you cease to be a tenant in that pires: or premises; Page 4 Of 8 ©2D07 The Travelers Companies,Inc. CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY (2) If the equipment is leased with an N. ADDITIONAL INSURED — ARCHITECT, ENGI- operator. NEER OR SURVEYOR 3. This Provision K. does not apply on any basis 1. The following is added to Paragraph 2. of to any person or organization for which cov- WHO IS AN INSURED (Section II) to include erage as an additional insured specifically is as an insured: added by another endorsement to this Cov- Any architect, engineer or surveyor engaged erage Part. by or for you that you agree in a "contract or L. ADDITIONAL INSURED — STATE OR POLITI- agreement requiring insurance" to include as CAL SUBDIVISIONS — PERMITS RELATING an additional insured on this Coverage Part, TO PREMISES but only with respect to liability for "bodily in- The following is added to Paragraph 2. of WHO jury", "property damage" or "personal injury" IS AN INSURED (Section II) to include as an that is caused, in whole or in part, by acts or insured: omissions of you or any person or organiza- tion acting on your behalf in connection with Any state or political subdivision that has issued a your premises or"your work". permit in connection with premises owned or oc- cupied by, or rented or loaned to, you. but only 2. This Provision N. does not apply on any basis with respect to "bodily injury", "property damage". to any person or organization for which cov- "personal injury" or "advertising injury" arising out erage as an additional insured specifically is of the existence, ownership, use, maintenance, added by another endorsement to this Cov- repair, construction, erection or removal of adver- erage Part. tising signs, awnings, canopies, cellar entrances, 0. WHO IS AN INSURED— NEWLY ACQUIRED coal holes, driveways, manholes, marquees. hoist OR FORMED ORGANIZATIONS away openings, sidewalk vaults, elevators, street 1. Paragraph 4.a. of WHO IS AN INSURED banners or decorations for which that state or (Section II) is deleted and replaced by the political subdivision has issued such permit. following: M. ADDITIONAL INSURED — STATE OR POLITI- a. Coverage under this provision is afforded CAL SUBDIVISIONS — PERMITS RELATING only until the 180th day after you acquire TO OPERATIONS or form the organization or the end of the The following is added to Paragraph 2. of WHO policy period, whichever is earlier. Any IS AN INSURED (Section II) to include as an such newly acquired or formed organiza- insured: tion that you report in writing to us within Any state or political subdivision that has issued a 180 days after you acquire or form the permit, but only with respect to "bodily injury", organization will be covered under this "property damage", "personal injury" or "advertis- provision until the end of the policy pe- ing injury" arising out of operations performed by riod, even if there are more than 180 you or on your behalf for which that state or po- days remaining until the end of the policy litical subdivision has issued such permit. How- period; ever, no such state or political subdivision is an 2. This Provision 0. does not apply to any or- insured for: ganization for which coverage is excluded by 1. "Bodily injury", "property damage", "personal another endorsement to this Coverage Part. injury" or "advertising injury" arising out of P. WHO IS AN INSURED—UNNAMED PART- operations performed for that state or political NERSHIP OR JOINT VENTURE— EXCESS subdivision; or 1- The last paragraph of WHO IS AN INSURED 2. "Bodily injury" or "property damage" included (Section II) is deleted and replaced by the within the "products — completed operations following: hazard". No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named In- sured in the Common Policy Declarations. CG D3 79 09 07 0 2007 The Travelers Companies, Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY However, this exclusion does not apply to Any payments made under Coverage A for your liability with respect to your conduct of damages and under Coverage C for medical the business of any current or past partner- expenses shall reduce the Per Project Gen- ship or joint venture: eral Aggregate Limit for that "project", but a. That is not shown as a Named Insured in shall not reduce: the Common Policy Declarations, and a. Any other Per Project General Aggregate b. In which you are a member or partner Limit for any other"project"; where each and every one of your cc- b. The General Aggregate Limit; or ventures in that joint venture is an archi- c. The Products-Completed Operations Ag- tectural, engineering, or surveying firm. gregate Limit. 2. This Provision P. does not apply to any per- The limits shown in the Declarations for this son or organization for which coverage is ex- Coverage Part for Each Occurrence, Dam- cluded by another endorsement to this Cov- age To Premises Rented To You and Medical erage Part. Expense are also subject to the Per Project 3. The insurance provided by this Provision P. General Aggregate Limit when the Per Pro- shall be excess over any valid and collectible ject General Aggregate Limit applies. other insurance, whether primary, excess, 3. As used in the Provision Q.: contingent or on any other basis, which is available covering your liability with respect "Project" means an area away from premises to your conduct of the business of any current owned by or rented to you at which you are or past partnership or joint venture that is not performing operations pursuant to a contract shown as a Named Insured in the Common or agreement. For the purposes of determin- Policy Declarations and which is issued to ing the applicable aggregate limit of insur- such partnership or joint venture. ance, each "project" that includes premises Q. PER PROJECT GENERAL AGGREGATE LIMIT involving the same or connecting lots; or premises whose connection is interrupted 1. Paragraph 2. of LIMITS OF INSURANCE only by a street, roadway, waterway or right- (Section III) is deleted and replaced by the of-way of a railroad shall be considered a sin- following: gle "project". The General Aggregate Limit is the most we R. KNOWLEDGE AND NOTICE OF OCCUR- will pay for the sum of: RENCE OR OFFENSE a. Damages under Coverage B; and The following is added to Paragraph 2. Duties In b. Damages from "occurrences" under Cov- The Event of Occurrence, Offense, Claim Or erage A and for all medical expenses Suit of COMMERCIAL GENERAL LIABILITY caused by accidents under Coverage C CONDITIONS (Section IV): which cannot be attributed only to opera- Notice of an "occurrence" or of an offense which tions at a single "project". may result in a claim must be given as soon as 2. The following is added to LIMITS OF IN- practicable after knowledge of the "occurrence" SURANCE (Section III): or offense has been reported to you, one of your "executive officers" (if you are a corporation), one A separate Per Project General Aggregate of your partners who is an individual (if you are a Limit applies to each "project" for all sums partnership), one of your managers (if you are a which the insured becomes legally obligated limited liability company), one of your trustees to pay as damages caused by "occurrences" who is an individual (if you are a trust), or an under Coverage A and for all medical ex- "employee" (such as an insurance, loss control or penses caused by accidents under Coverage risk manager or administrator) designated by you C which can be attributed only to operations to give such notice. at a single "project", and that limit is equal to the amount of the General Aggregate Limit Knowledge by any other"employee" of an "occur- shown in the Declarations for this Coverage hav es or offense does not imply that you also Part have such knowledge. Page 6 of 8 ©2007 The Travelers Companies,Inc. CG D3 79 09 07 COMMERCIAL GENERAL LIABILITY Notice of an "occurrence" or of an offense which 4. "Your products". may result in a claim will be deemed to be given We waive these rights only where you have as soon as practicable to us if it is given in good agreed to do so as part of a contract or agree- faith as soon as practicable to your workers' com- ment entered into by you before, and in effect pensation, accident, or health insurer. This ap- when, the "bodily injury" or "property damage" plies only if you subsequently give notice of the occurs, or the "personal injury" offense or"adver- "occurrence" or offense to us as soon as practi- tising injury" offense is committed. cable after you, one of your "executive officers" (if you are a corporation), one of your partners U. AMENDED BODILY INJURY DEFINITION who is an individual (if you are a partnership), The definition of "bodily injury" in DEFINITIONS one of your managers (if you are a limited liability (Section V) is deleted and replaced by the follow- company), one of your trustees who is an individ- ing: ual (if you are a trust), or an "employee" (such as "Bodily injury" means: an insurance, loss control or risk manager or ad- ministrator) designated by you to give such notice a. Physical harm, including sickness or disease, discovers that the "occurrence" or offense may sustained by a person: involve this policy. b. Mental anguish, injury or illness, or emotional S. UNINTENTIONAL OMISSION distress, resulting at any time from such 1. The following is added to Paragraph 6. Rep- Physical harm, sickness or disease; or resentations of COMMERCIAL GENERAL c. Care, loss of services or death resulting at LIABILITY CONDITIONS (Section IV): any time from such physical harm, sickness or disease. The unintentional omission of, or uninten- tional error in, any information provided by V. AMENDED INSURED CONTRACT DEFINITION you which we relied upon in issuing this pol- —RAILROAD EASEMENT icy shall not prejudice your rights under this 1. Subparagraph c. of the definition of "insured insurance. contract" in DEFINITIONS (Section V) is de- 2. This Provision S. does not affect our right to leted and replaced by the following: collect additional premium or to exercise our c. Any easement or license agreement; right of cancellation or nonrenewal in accor- 2. Subparagraph f.(1) of the definition of "in- dance with applicable insurance laws or regu- sured contract" in DEFINITIONS (Section V) lations_ is deleted. T. WAIVER OF TRANSFER OF RIGHTS OF W. AMENDED PROPERTY DAMAGE DEFINITION RECOVERY AGAINST OTHERS TO US WHEN —TANGIBLE PROPERTY REQUIRED BY CONTRACT OR AGREEMENT The following is added to Paragraph 8. Transfer The definition of "property damage" in DEFINI- of Rights of Recovery Against Others to Us of TIONS (Section V) is deleted and replaced by COMMERCIAL GENERAL LIABILITY CONDI- the following: TIONS (Section IV): "Property damage" means: We waive any rights of recovery we may have a. Physical injury to tangible property, including against any person or organization because of all resulting loss of use of that property. All payments we make for "bodily injury", "property such loss of use shall be deemed to occur at damage", "personal injury" or "advertising injury" the time of the physical injury that caused it; arising out of: or 1. Premises owned by you, temporarily occu- b. Loss of use of tangible property that is not pied by you with permission of the owner, or physically injured. All such loss of use shall leased or rented to you; be deemed to occur at the time of the "occur- 2. Ongoing operations performed by you, or on rence"that caused it. your behalf, under a contract or agreement For the purposes of this insurance, tangible prop- with that person or organization; erty does not include data. 3. "Your work"; or CG D3 79 09 07 0 2007 The Travelers companies,Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY X. The following definition is added to SECTION V— and "property damage" occurs, and the "personal DEFINITIONS: injury" is caused by an offense committed: "Contract or agreement requiring insurance" a. After you have entered into that contract or means that part of any contract or agreement agreement; under which you are required to include a person b. While that part of the contract or agreement or organization as an additional insured on this is in effect- and Coverage Part, provided that the "bodily injury" ' c. Before the end of the policy period. Page 8 of 8 0 2007 The Travelers Companies,Inc. CG D3 79 09 07 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 68061-1183881 OFFICE PAC ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD425 (07-08) - OTHER INSURANCE ADDITIONAL INSUREDS PRIMARY AND NONCONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS - PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you specifically agree in a written contractor agreement that the insurance afforded to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought is caused by an "occurrence" that takes place; and (2) The "personal injury" or "advertising injury" for which coverage is sought arises out of an offense that is committed; subsequent to the signing and execution of that contract or agreement by you. CG D4 25 07 08 2008 The Travelers Companies, Inc. Page 1 of 1 This page has been left blank intentionally. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE-This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT-INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE -GLASS D. SUPPLEMENTARY PAYMENTS - INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS-INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES-INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is yourbusiness. m, An Insured, of SECTION II-COVERED AUTOS 2. The following replaces Paragraph b. in B.S., LIABILITY COVERAGE: Other Insurance, of SECTION IV - BUSI- �— Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- 4 executed by you before the "bodily injury" or ered "autos" you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos rent or borrow; and Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties _ in Section Il. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. i 1. The following is added to Paragraph A.1., However, any "auto"that is leased, hired, Who Is An Insured, of SECTION II - COV- rented or borrowed with a driver is not a _ ERED AUTOS LIABILITY COVERAGE: covered"auto". LLB- An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II -COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 e 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. C00516 COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- (2) An adjustment for depreciation and physical ing a covered "auto" you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total "loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II —COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver, or these bonds. 2. The following replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or bor- rowed from your"employee". SECTION II — COVERED AUTOS LIABILITY COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES—INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph AA.a., Transportation Expenses, of cause of time off from work, SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: We will pay up to $50 per day to a maximum of The following replaces Paragraph C.1. of SEC- $1,500 for temporary transportation expense in- TION I—COVERED AUTOS: curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto" of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph CA.b. of SECTION III — PHYSICAL The following is added to Paragraph AA., Cover- DAMAGE COVERAGE is deleted. age. Extensions, of SECTION III — PHYSICAL 1. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph AA., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 Q 2015 The Travelers Indemnity Company.All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any. The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the"loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only; sor; a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; and lease; and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loansor leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one "loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer The following is added to Paragraph A.4., Cover- Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5• Transfer Of Rights Of Recovery Against Passenger Type Vehicles Others To Us In the event of a total "loss"to a covered "auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the "accident"or"loss"arises out of less the following the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that "auto"; organization designated in such contract. �— and Qs Q� O� O� O� O� n� ow� o� u� CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 000517 This page has been left blank intentionally. TRQYELERS J� WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 00 03 13(00)-01 POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This page has been left blank intentionally. Clary, Nancy From: Debbie Shimomaye <debbie.shimomaye@eeiengineers.com> Sent: Wednesday, March 27, 2019 9:34 AM To: Clary, Nancy Cc: Jeff Nichols Subject: EEI City of Kent Business License EXTERNAL EMAIL Good Morning Nancy, City of Kent Business License was process and in the system as of today. I was told it will take 4 to 6 weeks before we receive the hard copy of the Business License. Engineering Economics, Inc. City of Kent Business License #BLOC2190416. Debbie Shimomaye Engineering Economics,Inc. T: 206.622.1001 0 From: Clary, Nancy [mailto:NClary@kentwa.gov] Sent: Monday, March 25, 2019 2:46 PM To: Debbie Shimomaye<debbie.shimomaye@eeiengineers.com> Cc:Jeff Nichols<Jeff.Nichols@eeiengineers.com> Subject: RE: EEI Certificate of Insurance for City of Kent Correctional Facility Good Afternoon Debbie, I am still in need of a copy or your 2019 City of Kent Business License. Thank you, Nancy From: Debbie Shimomaye rmai Ito:debbie.shimoma e eeien ineers.com] Sent: Friday, March 22, 2019 7:21 AM To: Clary, Nancy Cc: Jeff Nichols Subject: EEI Certificate of Insurance for City of Kent Correctional Facility EXTERNAL EMAIL Good Morning Nancy, Attached please find EEI Certificate of Insurance for the City of Kent Correctional Facility. i Please don't hesitate to contact me if you need further assistance. Have a nice day. Debbie Shimomaye Enyineeiincq Economics.Inc. T: 206.622.1001 www.eeiengineers.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit htti)://www.symanteccloud.com 2 Request for Mayor's Signature KENT W ASHINOTON Complete this form and route to the Office of the City Attorney (Print on cherry-colored paper) Approved by Director Originator: Nate Harper Phone (Originator):x5O82 Date Sent:03/27/2019 Date Required:04/01 /2019 Returned Signed Documentto: Nancy Clam/ M Contract Coversheet AttachedYES Has this Document been Specifically Authorized Vendor Name:Engineering Economics, Inc. in the Budget? Yes BNo Date of Council Approval: N/A '"11 Account Number: F00051 .64120.9423 V cm Brief Explanation of Document: Engineering Economics, Inc. to provide complete engineering services for the plumbing fixture replacement and miscellaneous improvements at the City of Kent Correctional facility. The Corrections facility was built in 1985 and was built to house 58 inmates. Since then the building has over doubled in population. Most of the current fixtures that are in the cells have been simply worn out due to the over capacity use. Along with the fixtures, other areas have been identified such as the hot water circulating line, isolation valves both in chases and in control, new plumbing in chases, as well as a floor drain system in booking. By doing this project we will be able to improve the conditions for not only the inmates but also for the corrections and maintenance staff. In the end this will save time and money as well by eliminating many of the small regularly occurring plumbing issues HTMI' project is being paid for with funds transferred from the Criminal Just MiWital Projects, Corrections Plumbing Upgrades funds. Date Received by City Attorney Comments: ( ( RECEIVED Date Routed to the May 's fl,c �R 0 5 2019 City of Kent Date Routed to the City Clerk:\ `fCsl �`� Office of the M;;Yor Date Returned to Originator: adccW19756418