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HomeMy WebLinkAboutCAG2019-251 - Original - Broderick Architects, PLLC - City Hall 2nd Floor Patio Waterproofing Design - 05/06/2019 �../ENT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Broderick Architects, PLLC 35125 Vendor Number (7DE): Contract Number (City Clerk): Category: _Contract Agreement Sub-Category (if applicable): None Project Name: Arch/Eng Design & Specs-CH 2nd floor Patio Waterproofing Contract Execution Date: 05/06/19 Termination Date: 10/31/19 Contract Manager: Nancy Clary Department: Parks Contract Amount: $457000 Budgeted: 0 Grant? Part of NEW Budget: Local: State: 11 Federal: Related to a New Position: F Notice required prior to public disclosure? Basis for Selection of Contractor? Direct Negotiation Approval Authority: Director 0 Mayor City Council Other Details: KENT W x9 Li I NOTO N CONSULTANT SERVICES AGREEMENT between the City of Kent and Broderick Architects, PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Broderick Architects, PLLC organized under the laws of the State of Washington, located and doing business at 55 Atlantic St., #301, Seattle, WA 98134, Kevin J. Broderick, 206 682-7525, info@broderickarchitects.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 address ongoing water intrusion issues by providing architectural/engineering services associated with preparation of detailed drawings and specifications for the replacement of the waterproofing membrane at the Kent City Hall, Second Floor Patio, 220 4th Ave South, Kent, WA 98031, in accordance with Proposal dated April 9, 2019, which is attached and incorporated as Exhibit A. 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 October 31, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $45,000, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL, CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution_.oe_ Dist�utes and Governing Lbw. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; pLQyided,, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. kriignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. ]. City Business Licensse Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: By: 1 By: signatur ) (signature) Print Name: Print Name: Dana Ralph Its Its M�Xor ,., f tit/e) DATE: �___!r • -ZC>j, { DATE:S� a NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Kevin J. Broderick, AIA Nancy Clary Broderick Architects, PLLC City of Kent 55 S. Atlantic St., #301 220 Fourth Avenue South Seattle, WA 98134 Kent, WA 98032 206 682-7525 (telephone) (253) 856-5080 (telephone) (facsimile) (253) 856-6080 (facsimile) APPR AS TO FORM: ent epartment AT E T: Kent City Clerk 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. For: 11� -- Title: ��[►�MF Date: 4- - Z+- 2.42 I 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 rr BRODERICK ARCHITECTS April 9, 2019 Alex Ackley City of Kent Facilities 220 Fourth Avenue South, Kent WA 98032 RE: Kent City Hall — Second Floor Patio Re-waterproofing Dear Alex, It was a pleasure to meet with you and discuss the ongoing moisture intrusion issues with the City of Kent City Hall Second Floor Patio. Broderick Architects is pleased to submit this proposal for Architectural Design Services. Enclosed you will find: 1) Project Description 2) Proposed Scope of Services 3) Fee Schedule PROJECT DESCRIPTION The proposed project location is at Kent City Hall, 220 4`h Avenue South, Kent WA. Pursuant to our discussion, the City of Kent has had ongoing water intrusion issues with the Kent City Hall Second Floor Patio. Broderick Architects, in conjunction with Wetherholt and Associates, will provide architectural and engineering services associated with preparation of detailed drawings and specifications for the replacement of the waterproofing membrane. SCOPE OF SERVICES Phase One—Conceptual Design 1 . Verify as-built site conditions. 2. Update the current CAD files we have of this area of City Hall. 3. Develop conceptual waterproofing solutions for review and comment. 4. Present the preliminary drawings to City of Kent Staff, Kent City Hall Courtyard 5. Refine conceptual design based on comments and feedback from Staff. 6. Assist in providing an Estimated Cost of Construction. Phase Two — Permit / Construction Documents 1 . Refine and develop approved floor plans, exterior elevations, building sections and details. 2. Prepare construction documents necessary for permitting and construction of the project, including but not limited to the following: a. site plan b. demolition plans c. detailed floor plans d. waterproofing details e. wall sections f. wall construction schedule g. finish plans EXHIBIT A h. exterior elevations showing the repairs required in each affected area i. project specifications 3. Coordinate with electrical and mechanical design / build contractors as required. 4. Prepare documents for application to the City of Kent Building Services for the building permit. Phase Three — Construction Administration 1 . Assist with the negotiations and coordination with the general contractor (either through a negotiated process from a select group or a competitive bid process) and the establishment of a construction timetable. 2. Coordinate with the project team on the negotiation / bidding process. 3. Coordinate the bidding process and assist with the contractor agreement. 4. Attend weekly on-site coordination meetings. 5. Provide periodic observation to review the progress and quality of construction. 6. Provide timely responses to questions as they develop in the field. 7. Prepare construction memos, certifications of payment, certificate of substantial completion and final punchlist. FEE We recommend that the overall architectural design services be broken into the following three phases: Phase One — Conceptual Design: Broderick Architects: $7,500 Wetherholt and Associates $8,000 Phase Two — Permit/ Construction Documents: Broderick Architects: $12,500 Wetherholt and Associates -0- Phase Three — Construction Administration: Broderick Architects: $8,500 Wetherholt and Associates $8,500 TOTAL $45,000 Broderick Architects hourly rates are as follows: Principal - at a rate of $130.00 per hour. Staff Architect - at a rate of $110.00 per hour. BIM Manager - at a rate of $100.00 per hour. Technical Level II - at a rate of $95.00 per hour. Technical Level III - at a rate of $85.00 per hour. B. To control our cost and keep our fees as competitive as possible we have made the following assumptions: 1 . Broderick Architects will work directly with Alex Ackley, or another authorized project representative. 2. Broderick Architects is relying solely on the information provided by the Owner and a visual inspection of the site as a basis for performing the requested design services. Any unforeseen conditions encountered within the existing site conditions along with any EXHIBIT A owner-initiated revisions to the accepted design will be tracked and billed on an hourly basis. 3. All fees noted are exclusive of standard reimbursable expenses. These include all printing, plots, reproduction, telephone, travel expenses, special mailing expenses, etc. C. Consulting Services: 1. We have received a proposal from Wetherholt and Associates for their work, these numbers are included in the fees above. There is no fee mark-up on on Wetherholt's proposed fees. 2. Given the conceptual nature of this exercise we do not anticipate involving any engineers or consultants. D. Additional Architectural Services: Other services detailed below will be tracked and invoiced by hourly rates in addition to the fees outlined above. These activities are project specific and it is virtually impossible to accurately estimate the amount of time required. These include meetings, coordination and preparation for meetings with the local jurisdiction, required public meetings. E. Services not included in this proposal: 1 . Soils test, Phase I and Phase II Environmental Reports, ALTA Survey, wetland delineations, traffic studies, permit fees, or special inspections. 2. Work resulting from owner-initiated revisions following acceptance of the design. 3. Detailed estimates of construction cost. Please keep in mind that the staff at Broderick Architects is very flexible and service oriented. You may decide you do not wish us to perform all of the recommended services listed above. We will gladly work with you to revise the fee based on your specific requirements. Alex, we are prepared to proceed immediately with this project and are excited about the opportunity to continue to work with you. If the above meets with your approval, please execute and return a copy of this agreement to my office. This will serve as our formal notice to proceed. Please call if you have any questions or require any additional information. Sincerely, Kevin J. Broderick, AIA ACCEPTED: City of Kent date EXHIBIT B INSURANCE REQUIREMENTS FOR 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 Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The 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 (Errors & Omissignsl insurance appropriate to the Consultant's profession. 3. Autom lability -owned, hired and Qb2g tty b insurance covering all owned, non leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 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 & Qmlssionsa Insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit, 3. Automobile Liabilityinsurance 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 Certificate 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 ANII. 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. BRODARC-01 MGUNN CERTIFICATE OF LIABILITY INSURANCE DATDIYYYY) 4130/230/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER _-NAME.__._-- - Madras Office (A/C,PHONE 541 475 2249 (AAC,No)(541)475 6842 PayneWest Insurance,Inc. (A/c No Ext):( )_ O E-MAIL P. .BOX 680 ADDRESS—_ -- ----_. - ----------._ — __-_- Madras,OR 97741 INSURERS)AFFORDING COVERAGE _ _ NAIC artford -— - - -P_an y- 20478— — _INSURE - Fire Insurance Com _ of H INSURED _INSURER B;lronshore_Indemnity, Inc._-- 23647_____ Broderick Architects,PLLC 55 South Atlantic Street,Suite 301 INSURER D Seattle,WA 98134 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. T - T ----- POLICY POLICY ---- -- ------- -- INS R �'., - S - ADDLSUBRI EACH OCCURRENCE $ 2,000,000 TYPE OF INSURANCE POLICY NUMBER I / LIMIT — --- COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 3009000 CLAIMS-MADE X ! OCCUR B5094065724 6/812018 6/8/2019 PREMISES ._- CO X 1 10,000 X X '.. MED EXP An one erson_ _$ PERSONAL&ADV INJURY 2,000 000 ' 4,000,000 r— GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE..___ - 4,000,000 X POLICY PEST LOC PRODUCTS-COMP/OP AGG $ $ A AUTOMOBILE OTHE R. COMBINED SINGLE LIMIT 1,000,000 OMOBILE LIABILITY _(Ea accident)_-- _ ANY AUTO X X '.B5094065724 6/8/2018 6/8/2019 ' BODILY INJURY(Perperson) 8__ OWNED Ir—'� SCHEDULED ' BODILY INJURY(Per accident $ --- AUTOS ONLY AUTOS W�J pp � -- S ONLY �— T S O Y PROPERTY DAMAGE I X AU X AO O NL (Peracadent)--_-- $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE,_--- $--- i EXCESS LAB CLAIMS-MADE AGGREGATE_ DED RETENTION$ $ A WORKERS COMPENSATION X STATUTE_ LER_PER H AND EMPLOYERS'LIABILITY Y/N ,65094065724 6/8/2018 6/8/2019 1,0009000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $_____ OFFICER/MEMBER EXCLUDED? N I A' 1,000,000 (Mandatory n NH) '!, E.L.DISEASE_EA EMPLOYEE $ _-_ If yes,describe under 29000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B ',Errors&Omissions AEXNYABRIWK001 2/2312019 2/23/2020 'Ea Claim/Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent is an additional insured per endorsement SB-146932-F Insurance is primary and non-contributory and a waiver of subrogation applies per endorsement SB-146932-F Blanket Additional Insured with products-completed operations SB146968B Separation of Insureds per form SB-300000-D. 30 Day Notice of Cancellation per endorsement SB-147052-B. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 2019 W Meeker Street Kent,WA 98032 AUTHORIZED yREPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER INSURED NAME AND ADDRESS B 5094065724 BRODERICK ARCHITECTS PLLC 55 S ATLANTIC ST SUITE 301 SEATTLE, WA 98134 FORMS AND ENDORSEMENTS SCHEDULE COMMERCIAL PROPERTY FORM NUMBER FORM TITLE SB146936A 01/2006 Inflation Guard SB147059C 09/2014 Washington Changes SB147060A 01/2006 Washington Changes SB147084B 07/2009 Fungi, Wet Rot, Dry Rot and Microbe Exclusion SB300129A 03/2006 Targeted Hacker Attack SB300177H 06/2016 Architects, Engineers And Surveyors Choice Endt SB300456A46 07/2007 Concurrent Causation, Earth Movement and Water Dam SB300596A 01/2008 Identity Theft/Recovery Services Endorsement COMMERCIAL GENERAL LIABILITY FORM NUMBER FORM TITLE SB146902G 06/2016 Hired Auto and Non-owned Auto Liability SB146932F 06/2016 Blanket Additional Insured - Liability Extension SB146968B 06/2016 Bkt Addl Insured with PCO Cov and Bkt Waiver SB147079A 01/2006 War Liability Exclusion SB147080A 01/2006 Exclusion - Silica SB147083B 07/2009 Fungi/Mold/Mildew/Yeast/Microbe Exclusion SB147089A 01/2006 Employment - Related Practices Exclusion SB300000D 04/2014 Businessowners Liability Coverage Form SB300018A 01/2006 Stop Gap Coverage Liability Coverage Endorsement SB300085C 06/2016 Exln Cnstr Mgmt - Error Omission Cnstr Demo Work SB300116B 06/2011 Additional Insured - Lessor of Leased Equipment SB300176D 06/2016 Arch Eng & Sury Lia Ext With Office Poll Lia Cov SB300849A 07/2009 Recd and Distribution of Material or information *** PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY *** FORM NUMBER FORM TITLE CNA62823XX 07/2017 Req For Jurisdictional Inspection Of Pressure Equp CNA79240XX 06/2014 Important Info Excl App to Access or Disclosure CNA81758XX 03/2015 Notice - Offer of Terrorism Disclosure of Premium CNA86716XX 06/2016 Policy Holder Notice I i Countersignature Chairman of the Board Secrete SB-146895-A (Ed. 01/06) INSURED Page 6 of 6 BHA S6146932F (Ed. 6-16) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I Blanket Additional Insured Provisions A Additional Insured—Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1 Primary—Noncontributory Provision 2 Definition of "written contract." II Liability Extension Coverages A Bodily Iniury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates Legal Representatives and Spouses co g D. Legal Liability—Damage to Premises 0 E. Personal and Advertisina Iniury—Discrimination or Humiliation F. Personal and Advertising Iniury—Broadened Eviction a G. Waiver of Subrogation-Blanket N n I BLANKET ADDITIONAL INSURED PROVISIONS 0 A. ADDITIONAL INSURED—BLANKET VENDORS S Who Is An Insured is amended to include as an additional insured any person or organization (referred to below g as vendor) with whom you agreed under a 'written contract' to provide insurance, but only with respect to 'bodily injury' or'property damage' arising out of 'your products'which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. 'Bodily injury' or 'property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; SB146932F(6-16) Page 1 of 7 Copyright,CNA All Rights Reserved. CNA SB146932F (Ed, 6-16) e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; L Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. 'Bodily injury' or 'property damage' arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products, 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if 'bodily injury' or "property damage' included within the 'products- completed operations hazard' is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.1. below whom you are required to add as an additional insured on this policy under a "written contract.': 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such 'written contract'; b. Coverage broader than required by such "written contract' and in no event greater than that described by the applicable paragraph a. through k. below; or c. Coverage for 'bodily injury' or 'property damage' included within the 'products-completed operations hazard.' But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j. below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you; or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. SB146932F (6-16) Page 2 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed.6-16) b. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for 'bodily injury', 'property damage' or 'personal and advertising injury' as co-owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for 'bodily injury', 'property damage', or 'personal and advertising injury' as grantor of a franchise to you, d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for 'bodily injury', 'property damage' or 'personal and advertising injury' caused in whole or in part by your maintenance, operation or use of such equipment, provided that the 'occurrence' giving rise to such 'bodily injury' or 'property damage' or the offense giving rise to such 'personal and advertising injury' takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for 'bodily injury', 'property damage' or 'personal and advertising injury' arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the 'occurrence' giving rise to such 'bodily injury' or 'property damage' or the offense giving rise to such 'personal and advertising injury', takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only o with respect to liability for 'bodily injury', 'property damage' or 'personal and advertising injury' arising 8 out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the'occurrence' giving rise to such 'bodily injury' or 'property damage' or the offense giving rise to such 'personal and advertising injury', takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition a operations performed by, on behalf of or for such additional insured. a g. Mortgagee,Assignee or Receiver N m A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for 'bodily injury', 'property damage' or 'personal and advertising injury' arising out of N the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations g performed by, on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for'bodily injury', 'property damage' or"personal and advertising injury' arising out of: ..� (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance; or SB146932F(6-16) Page 3 of 7 Copyright,CNA All Rights Reserved. CNA SB 32F (Ed.d. 6-16) (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) 'Bodily injury', 'property damage' or 'personal and advertising injury' arising out of operations performed for the state or government agency or subdivision or political subdivision; or (b) "Bodily injury' or'property damage' included within the 'products-completed operations hazard.' With respect to this provision's requirement that additional insured status must be requested under a 'written contract', we will treat as a 'written contract' any governmental permit that requires you to add the governmental entity as an additional insured. i. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization .whom you are required to include as an additional insured, but only with respect to such person or organization's liability for 'bodily injury', 'property damage", or 'personal and advertising injury" cause by: a. Your acts or omissions; or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through i. above. Such additional insured is an insured solely for 'bodily injury', 'property damage' or 'personal and advertising injury'for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For"bodily injury,' "property damage,' or'personal and advertising injury' arising out of the rendering or failure to render any professional services; (2) For 'bodily injury' or'property damage' included in the 'products-completed operations hazard.' But this provision(2)does not apply to such 'bodily injury' or'property damage' if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the 'written contract'; and (b) The 'written contract' requires you to make the person or organization an additional insured for such 'bodily injury' or'property damage'; or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A. and B. above: 1. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a 'written contract' requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. 2. Under Liability and Medical Expense Definitions,the following definition is added: 'Written contract' means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: a. Is currently in effect or becomes effective during the term of this policy; and b. Was executed prior to: SIB 146932F(6-16) Page 4 of 7 Copyright,CNA All Rights Reserved. SB146932F CHA (Ed. 6-16) (1) The 'bodily injury' or'property damage'; or (2) The offense that caused the 'personal and advertising injury'; for which the additional insured seeks coverage, II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form, If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily Injury—Expanded Definition Under Liability and Medical Expenses Definitions,the definition of'Bodily injury' is deleted and replaced by the following: 'Bodily injury' means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a.and b. above apply to you or to any additional insured only when such 'occurrence,' offense, claim or 'suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; co (3) Any manager, if you or an additional insured is a limited liability company; 0 0 (4) Any'executive officer'or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or m (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates,Legal Representatives and Spouses n 8 The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks $ damages from marital common property, jointly held property, or property transferred from such natural person s insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. -= D. Legal Liability—Damage To Premises 1. Under B. Exclusions, 1.Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property 'Property damage'to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of SB146932F(6-16) Page 5 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed. 6-16) such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the 'property damage' arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the 'property damage' arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because 'your work' was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are 'your work' and were never occupied, rented or held for rental by you. Paragraphs 1,3, and 4, of this exclusion do not apply to 'property damage' (other than damage by fire or explosion)to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D— Liability and Medical Expenses Limits of Insurance. Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to 'property damage' included in the 'products-completed operations hazard.' 2. Under B. Exclusions, 1.Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal: and Advertising injury: Exclusions c,d,e,f,g,h, i, k, 1,m,n,and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D.Liablllty And Medical Expenses Limits Of Insurance. 3. The first Paragraph under item 5.Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of 'property damage' to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration, E. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of 'personal and advertising injury' is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or SB146932F(6-16) Page 6 of 7 Copyright,CNA All Rights Reserved. CNA s(Ed. 6 16) (b) Any 'executive officer,' director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising Injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F. Personal and Advertising Injury-Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of 'Personal and advertising injury' is amended to delete Paragraph c. and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord CO or lessor. g G. Waiver of Subrogation—Blanket 0 We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. 0 N O n O s All other terms and conditions of the Policy remain unchanged. 0 S N S13146932F(6-16) Page 7 of 7 Copyright,CNA All Rights Reserved. CNA s(Ed. 04 1) BUSINESSOWNERS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words 'you' and 'your' refer to the Named Insured shown in the Declarations. The words 'we,' 'us' and'our' refer to the company providing the insurance. The word 'insured' means any person or organization qualifying as such under Section C.—Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION F — LIABILITY DEFINITIONS. A. Coverages (c) Prior to the policy period, no insured 1. Business Liability (Bodily Injury, Property listed under Paragraph C.1. Who IsAn Insured and no 'employee' Damage, Personal and Advertising Injury) authorized by you to give or receive a. We will pay those sums that the insured notice of an 'occurrence' or claim, becomes legally obligated to pay as damages knew that the 'bodily injury' or because of "bodily injury,' 'property damage' 'property damage' had occurred, in or 'personal and advertising injury' to which whole or in part. If such a listed this insurance applies. We will have the right insured or authorized 'employee' and duty to defend the insured against any knew, prior to the policy period, that 'suit' seeking those damages. However, we the 'bodily injury' or 'property will have no duty to defend the insured damage' occurred, then any against any'suit'seeking damages for 'bodily continuation, change or resumption of injury,' 'property damage' or 'personal and such 'bodily injury' or 'property advertising injury,' to which this insurance damage' during or after the policy does not apply. We may at our discretion, period will be deemed to have been co investigate any "occurrence' or any offense known before the policy period. and settle any claim or 'suit' that may result. S (2) To 'personal and advertising injury' But: caused by an offense arising out of your (1) The amount we will pay for damages is business, but only if the offense was limited as described in Section D — committed in the 'coverage territory' Liability And Medical Expenses Limits Of during the policy period. Insurance; and c. 'Bodily injury' or 'property damage' which (2) Our right and duty to defend ends when occurs during the policy period and was not, we have used up the applicable limit of prior to the policy period, known to have g insurance in the payment of judgments or occurred by any insured listed under Section settlements or medical expenses to which C.1. Who Is An Insured or any 'employee' this insurance applies. authorized by you to give or receive notice of an 'occurrence" or claim, includes any N No other obligation or liability to pay sums or continuation, change or resumption of 'bodily perform acts or services is covered unless injury" or 'property damage' after the and of explicitly provided for under Coverage the policy period. Extension—Supplementary Payments. b. This insurance applies: d. 'Bodily injury' or 'property damage' will be _ PP deemed to have been known to have (1) To 'bodily injury' and 'property damage' occurred at the earliest time when any insured only if: listed under Section C.1. Who Is An Insured or any 'employee' authorized by you to give �. (a) The 'bodily injury' or 'property or receive notice of an 'occurrence' or claim: damage' is caused by an 'occurrence' that takes place in the (1) Reports all, or any part, of the 'bodily 'coverage territory'; injury" or 'property damage' to us or any other insurer; (b) The 'bodily injury' or 'property damage' occurs during the policy (2) Receives a written or verbal demand or period; and claim for damages because of the 'bodily injury or'property damage'; or SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) (3) Becomes aware by any other means that (2) If we defend an insured against a 'suit' 'bodily injury' or 'property damage' has and an indemnitee of the insured is also occurred or has begun to occur. named as a party to the 'suit,' we will e. Damages because of 'bodily injury' include defend that indemnitee if all of the damages claimed by any person or following conditions are met: organization for care, loss of services or death (a) The 'suit' against the indemnitee resulting at any time from the 'bodily injury.' seeks damages for which the insured f. Coverage Extension — Supplementary has assumed the liability of the indemnitee in a contract or Payments agreement that is an 'insured (1) In addition to the Limit of Insurance of contract'; Liability we will pay, with respect to any (b) This insurance applies to such claim we investigate or settle, or any liability assumed by the insured; 'suit' against an insured we defend: (a) All expenses we incur, (c) The obligation to defend, or the cost of the defense of, that indemnitee, (b) Up to $1,000 for cost of bail bonds has also been assumed by the required because of accidents or insured in the same 'insured traffic law violations arising out of the contract'; use of any vehicle to which Business (d) The allegations in the 'suit' and the Liability Coverage for 'bodily injury' information we know about the applies. We do not have to furnish 'occurrence' are such that no conflict these bonds. appears to exist between the (c) The cost of bonds to release interests of the insured and the attachments, but only for bond interests of the indemnitee: amounts within our Limit of (9) The indemnitee and the insured ask Insurance. We do not have to furnish us to conduct and control the defense these bonds. of that indemnitee against such 'suit' (d) All reasonable expenses incurred by and agree that we can assign the the insured at our request to assist us same counsel to defend the insured in the investigation or defense of the and the indemnitee; and claim or'suit,' including actual loss of (t7 The indemnitee: earnings up to $250 a day because of time off from work. (1) Agrees in writing to: (e) All court costs taxed against the i. Cooperate with us in the insured in the 'suit.' However, these investigation, settlement or payments do not include attorneys' defense of the 'suit'; fees or attorney expenses taxed against the insured. II. Immediately send us copies of any demands, notices, (f) Prejudgment interest awarded summonses or legal papers against the insured on that part of the received in connection with judgment we pay. If we make an offer the 'suit'; to pay the Limit of Insurance, we will iii. Notify any other insurer not pay any prejudgment interest whose coverage is available based on that period of time after the offer. to the indemnitee; and (g) All interest on the full amount of any iv. Cooperate with us with judgment that accrues after entry of respect to coordinating other the judgment and before we have applicable insurance paid, offered to pay, or deposited in available to the indemnitee; court the part of the judgment that is and within our Limit of Insurance. (ii) Provides us with written These payments will not reduce the authorization to: Limits of Insurance. SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 2 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) L Obtain records and other applicable Limit of Insurance. We will pay information related to the reasonable expenses for: 'suit'; and (1) First aid administered at the time of an ii. Conduct and control the accident; defense of the indemnitee in (2) Necessary medical, surgical, x-ray and such "suit.' dental services, including prosthetic (3) So long as the above conditions are met, devices; and attorneys' fees incurred by us in the (3) Necessary ambulance, hospital, defense of that indemnitee, necessary professional nursing and funeral services. litigation expenses incurred by us and necessary litigation expenses incurred by B. Exclusions the indemnitee at our request will be paid as Supplementary Payments. 1. Applicable To Business Liability Coverage Notwithstanding the provisions of This insurance does not apply to: Paragraph B.i.b.(2)Exclusions in Section B - EXCLUSIONS, such payments will a. Expected Or Intended Injury not be deemed to be damages for "bodily 'Bodily injury' or 'property damage' expected injury' and 'property damage' and will not or intended from the standpoint of the insured. reduce the limits of insurance. This exclusion does not apply to 'bodily Our obligation to defend an insured's injury' resulting from the use of reasonable indemnitee and to pay for attorneys' fees force to protect persons or property. and necessary litigation expenses as b. Contractual Liability Supplementary Payments ends when: (a) We have used up the applicable limit 'Bodily injury' or "property damage' for which of insurance in the payment of the insured is obligated to pay damages by judgments or settlements; or reason of the assumption of liability in a contract or agreement. This exclusion does S (b) The conditions set forth above, or the not apply to liability for damages: terms of the agreement described in (1) That the insured would have in the i.above are no longer met. absence of the contract or agreement; or 2. Medical Expenses (2) Assumed in a contract or agreement that a. We will pay medical expenses as described is an 'insured contract,' provided the below for 'bodily injury' caused by an "bodily injury' or 'property damage' N accident: occurs subsequent to the execution of the contract or agreement. Solely for the s (1) On premises you own or rent; purposes of liability assumed in an (2) On ways next to premises you own or "insured contract,' reasonable attorney rent; or fees and necessary litigation expenses 8 incurred by or for a party other than an g (3) Because of your operations; insured are deemed to be damages provided that: because of "bodily injury' or 'property damage,' provided: (a) The accident takes place in the coverage territory' and during the (a) Liability to such party for, or for the policy period; cost of, that party's defense has also been assumed in the same insured (b) The expenses are incurred and contract'; and reported to us within one year of the (b) Such attorney fees and litigation date of the accident; and expenses are for defense of that (c) The injured person submits to party against a civil or alternative examination, at our expense, by dispute resolution proceeding in physicians of our choice as often as which damages to which this we reasonably require. insurance applies are alleged. b. We will make these payments regardless of c. Liquor Liability fault. These payments will not exceed the 'Bodily injury' or 'property damage' for which any insured may be held liable by reason of: SB-300000-D Includes copyrighted material of Insurance services Office,Inc.,with its permission Page 3 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) (1) Causing or contributing to the intoxication migration, release or escape of of any person; 'pollutants': (2) The furnishing of alcoholic beverages to a (a) At or from any premises, site or person under the legal drinking age or location which is or was at any time under the influence of alcohol; or owned or occupied by, or rented or (3) Any statute, ordinance or regulation loaned to, any insured. However, this relating to the sale, gift, distribution or use subparagraph does not apply to: of alcoholic beverages. (i) 'Bodily injury' if sustained within This exclusion applies even if the claims a building and caused by smoke, fumes, vapor or soot from allege negligence or other wrongdoing in: equipment used to heat, cool or (a) The supervision, hiring, employment, dehumidify the building or training or monitoring of others by an equipment that is used to heat insured; or water for personal use by the (b) Providing or failing to provide buildings occupants or their guests; transportation with respect to any person that may be under the influence of alcohol (ii) 'Bodily injury' or 'property damage' for which you may be This exclusion applies only if you are in the held liable, if you are a contractor business of manufacturing, distributing, and the owner or lessee of such selling, serving or furnishing alcoholic premises, site or location has beverages. been added to your policy as an d. Workers'Compensation And Similar Laws additional insured with respect to your ongoing operations Any obligation of the insured under a workers' performed for that additional compensation, disability benefits or insured at that premises, site or unemployment compensation law or any location and such premises, site similar law. or location is not and never was e. Employer's Liability owned or occupied by, or rented or loaned to, any insured, other 'Bodily Injury' to: than that additional insured; or (1) An 'employee' of the insured arising out (iii) 'Bodily injury' or 'property of and in the course of: damage' arising out of heat, smoke or fumes from a 'hostile (a) Employment by the insured; or fire'; (b) Performing duties related to the (b) At or from any premises, site or conduct of the insured's business; or location which is or was at any time (2) The spouse, child, parent, brother or used by or for any insured or others sister of that 'employee' as a for the handling, storage, disposal, consequence of(1)above, processing or treatment of waste; This exclusion applies: (c) Which are or were at any time transported, handled, stored, treated, (1) Whether the insured may be liable as an disposed of, or processed as waste employer or in any other capacity; and by or for: (2) To any obligation to share damages with (1) Any insured;or or repay someone else who must pay damages because of the injury. (ii) Any person or organization for whom you may be legally This exclusion does not apply to liability responsible; or assumed by the insured under an 'insured contract.' (d) At or from any premises, site or location on which any insured or any f. Pollution contractors or subcontractors working (1) 'Bodily injury' or 'property damage' directly or indirectly on any insured's arising out of the actual, alleged or behalf are performing operations if threatened discharge, dispersal, seepage, the 'pollutants' are brought on or to the premises, site or location in SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 4 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) connection with such operations by a. Request, demand, order or statutory such insured, contractor or or regulatory requirement that any subcontractor. However, this insured or others test for, monitor, subparagraph does not apply to: clean up, remove, contain, treat, (i) 'Bodily injury' or 'property detoxify or neutralize, or in any way damage' arising out of the respond to, or assess the effects of, pollutants escape of fuels, lubricants or ; or other operating fluids which are b. Claim or 'suit' by or on behalf of a needed to perform the normal governmental authority for damages electrical, hydraulic or because of testing for, monitoring, mechanical functions necessary cleaning up, removing, containing, for the operation of "mobile treating, detoxifying or neutralizing, or equipment' or its parts, if such in any way responding to, or fuels, lubricants or other assessing the effects of, 'pollutants.' operating fluids escape from a However, this paragraph does not apply vehicle part designed to hold, store or receive them. This to liability for damages because of exception does not apply if the 'property damage that the insured would 'bodily injury' or "property have in the absence of such request, damage' arises out the demand, order or statutory or regulatory intentional discharge, dispersal requirement or such claim or 'suit by or or release of the fuels, lubricants on behalf of a governmental authority. or other operating fluids, or if g. Aircraft,Auto Or Watercraft such fuels, lubricants or other operating fluids are brought on or 'Bodily injury' or 'property damage' arising to the premises, site or location out of the ownership, maintenance, use or with the intent that they be entrustment to others of any aircraft, "auto' or discharged, dispersed or watercraft owned or operated by or rented or o released as part of the loaned to any insured. Use includes operation 0 operations being performed by and'loading or unloading.' such insured, contractor or This exclusion applies even if the claims subcontractor; allege negligence or other wrongdoing in the supervision, hiring, employment, training or (ii) Bodily injury or 'property monitoring of others by an insured, if the damage sustained within a •occurrence' which caused the 'bodily injury" building and caused by the or 'property damage' involved the ownership, " release of gases, fumes or vapors from materials brought maintenance, use or entrustment to others of g into that building in connection any aircraft, 'auto' or watercraft that is owned N with operations being performed or operated by or rented or loaned to any by you or on your behalf by a insured. N contractor or subcontractor; or This exclusion does not apply to: 0 a " (iii) 'Bodily injury" or 'property (1) An aircraft that is: damage' arising out of heat, smoke or fumes from a 'hostile (a) Hired, chartered, or loaned with a fire.' paid crew; but (e) At or from any premises, site or (b) Not owned by any insured; location on which any insured or any (2) A watercraft while ashore on premises contractors or subcontractors working you own or rent; directly or indirectly on any insured's behalf are performing operations if (3) A watercraft you do not own that is: the operations are to test for, monitor, (a) Less than 51 feet long; and clean up, remove, contain, treat, detoxify or neutralize, or in any way (b) Not being used to carry persons or respond to, or assess the effects of, property for a charge; 'pollutants.' (4) Parking an 'auto' on, or on the ways next (2) Any loss, cost or expense arising out of to, premises you own or rent, provided any: SB-300000-D Includes copyrighted material of Insurance Services Office, Inc.,with its permission Page 5 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) the 'auto' is not owned by or rented or (6) Any service, treatment, advice or loaned to you or the insured; instruction for the purpose of appearance (5) Liability assumed under any 'insured or skin enhancement, hair removal or contract' for the ownership, maintenance replacement or personal grooming; or use of aircraft or watercraft; or M Optometry or optical or hearing aid (6) 'Bodily injury' or 'property damage' services including the prescribing, arising out of the operation of any of the preparation, fitting, demonstration or distribution of ophthalmic lenses and following equipment: similar products or hearing aid devices; (a) Cherry pickers and similar devices (g) Body piercing services; mounted on automobile or truck chassis and used to raise or lower (9) Services in the practice of pharmacy; workers; and (10)Veterinary medicine services; (b) Air compressors, pumps and generators, including spraying, (11)Mortician services; and welding, building cleaning, (12)Services rendered in connection with the geophysical exploration, lighting and creation and/or development, well servicing equipment. modification, or repair of 'software,' h. Mobile Equipment including, but not limited to design, specifications, system or 'software' 'Bodily injury' or 'property damage' arising configuration and consultation. out of: This exclusion applies even if the claims (1) The transportation of 'mobile equipment' allege negligence or other wrongdoing in the by an 'auto' owned or operated by or supervision, hiring, employment, training or rented or loaned to any insured; or monitoring of others by an insured, if the (2) The use of 'mobile equipment' in, or 'occurrence' which caused the 'bodily injury' or property damage,' or the offense which while in practice for, or while being caused the 'personal and advertising injury,' prepared for, any prearranged racing, involved the rendering or failure to render any speed,demolition or stunting activity. professional service. I. War k. Damage To Property 'Bodily injury' or 'property damage' due to war, whether or not declared, or any act or Property damage'to: condition incident to war. War includes civil (1) Property you own, rent or occupy, war, insurrection, rebellion or revolution, This including any costs or expenses incurred exclusion applies only to liability assumed by you, or any other person, organization under a contract or agreement. or entity, for repair, replacement, Professional Services enhancement, restoration or maintenance J. of such property for any reason, including 'Bodily injury,' 'property damage,' 'personal prevention of injury to a person or and advertising injury' caused by the damage to another's property; rendering or failure to render any professional (2) Premises you sell, give away or abandon, service. This includes but is not limited to: if the 'property damage' arises out of any (1) Legal, accounting or advertising services; part of those premises; (2) Preparing, approving, or failing to prepare (3) Property loaned to you; or approve maps, drawings, opinions, (4) Personal property in the care, custody or reports, surveys, change orders, designs control of the insured; or specifications; (3) Supervisory, inspection or engineering (5) That particular part of real property on which you or any contractor or services; subcontractor working directly or (4) Medical, surgical, dental, x-ray or nursing indirectly on your behalf is performing services treatment, advice or instruction; operations, if the 'property damage' (5) Any health or therapeutic service arises out of those operations; or treatment, advice or instruction; SB-300000-0 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 6 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) (6) That particular part of any property that o. Recall Of Products, Work Or Impaired must be restored, repaired or replaced Property because 'your work' was incorrectly performed on it. Damages claimed for any loss, cost or expense incurred by you or others for the loss Paragraphs (1), (3) and (4) of this exclusion of use, withdrawal, recall, inspection, repair, do not apply to 'property damage' (other than replacement, adjustment, removal or disposal damage by fire or explosion) to premises, of: including the contents of such premises, rented to you for a period of 7 or fewer (1) 'Your product'; consecutive days. A separate limit of (2) 'Your work'; or insurance applies to Damage To Premises Rented To You as described in Paragraph D. (3) 'Impaired property'; Liability And Medical Expenses Limit Of if such product, work or property is withdrawn Insurance, or recalled from the market or from use by any Paragraph (2) of this exclusion does not apply person or organization because of a known or if the premises are 'your work' and were suspected defect, deficiency, inadequacy or never occupied, rented or held for rental by dangerous condition in it. you. p. Personal And Advertising Injury Paragraphs (3), (4), (5) and (6) of this 'Personal and advertising injury': exclusion do not apply to liability assumed under a sidetrack agreement. (1) Caused by or at the direction of the insured with the knowledge that the act Paragraph(6)of this exclusion does not apply would violate the rights of another and to 'property damage' included in the would inflict 'personal and advertising 'products—completed operations hazard.' injury'; I. Damage To Your Product (2) Arising out of oral or written publication of co 'Property damage' to 'your product' arising material, if done by or at the direction of g out of it or any part of it, the insured with knowledge of its falsity; m. Damage To Your Work (3) Arising out of oral or written publication of material whose first publication took place 'Property damage' to 'your work' arising out before the beginning of the policy period; of it or any part of it and included in the 'products—completed operations hazard.' (4) Arising out of a criminal act committed by or at the direction of any insured; This exclusion does not apply if the damaged work or the work out of which the damage (5) For which the insured has assumed g arises was performed on your behalf by a liability in a contract or agreement. This subcontractor. exclusion does not apply to liability for damages that the insured would have in In. Damage To Impaired Property Or Property the absence of the contract or agreement; g Not Physicalty Injured (6) Arising out of a breach of contract, except 'Property damage' to 'impaired property' or an implied contract to use another's property that has not been physically injured, advertising idea in your'advertisement'; arising out of: (7) Arising out of the failure of goods, (1) A defect, deficiency, inadequacy or products or services to conform with any dangerous condition in 'your product' or statement of quality or performance made 'your work'; or in your'advertisement'; (2) A delay or failure by you or anyone acting (8) Arising out of the wrong description of the on your behalf to perform a contract or price of goods, products or services agreement in accordance with its terms. stated in your'advertisement'; This exclusion does not apply to the loss of (9) Committed by an insured whose business use of other property arising out of sudden is: and accidental physical injury to 'your a Advertising, broadcasting,product' or'your work after it has been put to ( ) g g, publishing its intended use. or telecasting; SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 7 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) (b) Designing or determining content of Damage To Premises Rented To You Limit of web-sites for others; or Insurance applies to this coverage as (c) An Internet search, access, content described in Paragraph D. Liability And or service provider. Medical Expenses Limits of Insurance. However, this exclusion does not apply to q• Electronic Data Paragraphs 14.a., b. and c. of 'personal Damages arising out of the loss of, loss of use and advertising injury' under Paragraph of, damage to, corruption of, inability to F. Liability And Medical Expenses access, or inability to manipulate electronic Definitions. data. For the purposes of this exclusion, the As used in this exclusion, electronic data placing of frames, borders or links, or means information, facts or programs stored advertising, for you or others anywhere as or on, created or used on, or transmitted to on the Internet, by itself, is not considered or from computer software, including systems the business of advertising, broadcasting, and applications software, hard or floppy publishing or telecasting. disks, CD-ROMs, tapes, drives, cells, data (10)Arising out of the actual, alleged or processing devices or any other media which threatened discharge, dispersal, seepage, are used with electronically controlled migration, release or escape of equipment. 'pollutants' at any time. 2. Applicable To Medical Expenses Coverage (11)With respect to any loss, cost or expense We will not pay expenses for 'bodily injury': arising out of any: a. To any insured, except'volunteer workers! (a) Request, demand or order that any b. To a person hired to do work for or on behalf insured or others test for, monitor, of any insured or a tenant of any insured. clean-up, remove, contain, treat, detoxify or neutralize or in any way c. To a person injured on that part of premises respond to, or assess the effects of, you own or rent that the person normally 'pollutants'; or occupies. (b) Claim or 'suit' by or on behalf of a d. To a person, whether or not an 'employee' of governmental authority for damages any insured, if benefits for the 'bodily injury' because of testing for, monitoring, are payable or must be provided under a cleaning up, removing, containing, workers' compensation or disability benefits treating, detoxifying or neutralizing or law or a similar law. in any way responding to, or assessing the effects of, 'pollutants.' e. To a person injured while taking part in athletics. (12)Arising out of an electronic chatroom or bulletin board the insured hosts, owns or f. Included within the 'products — completed over which the insured exercises control. operations hazard.' (13)Arising out of the infringement of g• Excluded under Business Liability Coverage. copyright, patent, trademark, trade secret h. Due to war, whether or not declared, or any or other intellectual property rights. act or condition incident to war. War includes However, this exclusion does not apply to civil war, insurrection, rebellion or revolution. infringement, in your 'advertisement,' of 3. Applicable To Both Business Liability Coverage copyright,trade dress or slogan. And Medical Expenses Coverage — Nuclear (14)Arising out of the unauthorized use of Energy Liability Exclusion another's name or product in your e-mail This insurance does not apply: address, domain name or metatags, or any other similar tactics to mislead a. Under Business Liability Coverage, to 'bodily another's potential customers. injury' or'property damage": Exclusions c., d., a., f., g., h., I., k., I., m., n. (1) With respect to which an insured under and o. in Section II—Liability do not apply to the policy is also an insured under a damage by fire or explosion to premises while nuclear energy liability policy issued by rented to you, or temporarily occupied by you the Nuclear Energy Liability Insurance with permission of the owner. A separate Association, Mutual Atomic Energy SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with Its permission Page 8 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) Liability Underwriters or Nuclear (1) 'By-product material' has the meaning Insurance Association of Canada, or given it in the Atomic Energy Act of 1954 would be an insured under any such or in any law amendatory thereof; policy but for its termination upon (2) 'Hazardous properties' include exhaustion of its limit of liability; or radioactive,toxic or explosive properties; (2) Resulting from the 'hazardous properties' (3) 'Nuclear facility' means: of 'nuclear material' and with respect to which: (a) Any'nuclear reactor'; (a) Any person or organization is (b) Any equipment or device designed or required to maintain financial used for: protection pursuant to the Atomic Energy Act of 1954, or any law (1) Separating the isotopes of amendatory thereof; or uranium or plutonium; (b) The insured is, or had this policy not (ii) Processing or utilizing 'spent been issued would be, entitled to fuel'; or indemnity from the United States of (iiii) Handling, processing or America, or any agency thereof, packaging'waste'; under any agreement entered into by the United States of America, or any (c) Any equipment or device used for the agency thereof, with any person or processing, fabricating or alloying of organization. 'special nuclear material' if at any time the total amount of such material b. Under Medical Expenses Coverage, to in the custody of the insured at the expenses incurred with respect to 'bodily injury` resulting from the 'hazardous premises where such equipment or device is located consists of or properties' of 'nuclear material' and arising contains more than 25 grams of out of the operation of a 'nuclear facility' by plutonium or uranium 233 or any OD any person or organization. combination thereof, or more than c. Under Business Liability Coverage, to 'bodily 250 grams of uranium 235; injury' or 'property damage' resulting from the (d) Any structure, basin, excavation, "hazardous properties' of the nuclear premises or place prepared or used material'; if: for the storage or disposal of'waste'; m (1) The 'nuclear material': and includes the site on which any of the (a) Is at any 'nuclear facility' owned by, foregoing is located, all operations or operated by or on behalf of, an conducted on such site and all premises used for such operations; g insured; or P (b) Has been discharged or dispersed (4) 'Nuclear material' means 'source therefrom; material,' 'special nuclear material' or 'byproduct material'; $ (2) The 'nuclear material' is contained in 'spent fuel' or 'waste" at any time (5) 'Nuclear reactor' means an apparatus possessed, handled, used, processed, designed or used to sustain nuclear stored, transported or disposed of by or fission in a self-supporting chain reaction on behalf of an insured; or or to contain a critical mass of fissionable (3) The 'bodily injury' or 'property damage' material; arises out of the furnishing by an insured (6) 'Property damage' includes all forms of of services, materials, parts or equipment radioactive contamination of property, in connection with the planning, (7) 'Source material' has the meaning given construction, maintenance, operation or it in the Atomic Energy Act of 1954 or in use of any "nuclear facility'; but if such any law amendatory thereof; facility is located within the United States of America, its territories or possessions (8) 'Special nuclear material' has the or Canada, this Exclusion (3) applies only meaning given it in the Atomic Energy Act to 'property damage' to such 'nuclear of 1954 or in any law amendatory thereof; facility' and any property thereat. — (9) 'Spent fuel' means any fuel element or d. As used in this exclusion: fuel component, solid or liquid, which has SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 9 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) been used or exposed to radiation in a 'employees' or 'volunteer workers' are 'nuclear reactor'; insureds for: (10)'Waste' means any waste material: (1) 'Bodily injury' or 'personal and (a) Containing 'by-product material' advertising injury': other than the tailings or wastes (a) To you, to your partners or members produced by the extraction or (if you are a partnership or joint concentration of uranium or thorium venture), to your members (if you are from any one processed primarily for a limited liability company), or to a its'source material' content; and co-'employee' while in the course of (b) Resulting from the operation by any his or her employment or performing person or organization of any duties related to the conduct of your business, or to your other volunteer 'nuclear facility' included under workers' while performing duties Paragraph(a)and(b)of the definition related to the conduct of your of'nuclear facility.' business; C. Who Is An Insured (b) To the spouse, child, parent, brother 1. If you are designated in the Declarations as: or sister of that co-'employee' as a consequence of Paragraph (a) a. An individual, you and your spouse are above ; insureds, but only with respect to the conduct of a business of which you are the sole (c) For which there is any obligation to owner. share damages with or repay i someone else who must pay i b. A partnership or joint venture, you are an damages because of the injury insured. Your members, your partners and described in Paragraphs(a)or(b); or their spouses are also insureds, but only with respect to the conduct of your business. (d) Arising out of his or her providing or c. A limited liabili company, you are an failing to provide professional health tY P Y care services. insured. Your members are also insureds, but only with respect to the conduct of your (2) 'Property damage'to property: business. Your managers are insureds, but (a) Owned, occupied or used by, only with respect to their duties as your managers. (b) Rented to, in the care, custody or d. An organization other than a partnership, joint control of, or over which physical venture or limited liability company, you are control is being exercised for any an insured. Your 'executive officers' and purpose by directors are insureds, but only with respect to you, any of your 'employees,' 'volunteer their duties as your officers or directors. Your workers,' any partner or member (if you stockholders are also insureds, but only with are a partnership or joint venture), or any respect to their liability as stockholders. member (if you are a limited liability e. A trust, you are an Insured. Your trustees are company). also insureds, but only with respect to their b. Any person (other than your 'employee' or duties as trustees. 'volunteer worker'), or any organization while 2. Each of the following is also an insured: acting as your real estate manager. a. Your 'volunteer workers' only while c. Any person or organization having proper performing duties related to the conduct of temporary custody of your property if you die, your business, or your 'employees,' other but only: than either your'executive officers' (if you are (1) With respect to liability arising out of the an organization other than a partnership, joint maintenance or use of that property; and venture or limited liability company) or your (2) Until your legal representative has been managers (if you are a limited liability appointed. company), but only for acts within the scope of their employment by you or while d. Your legal representative if you die, but only performing duties related to the conduct of with respect to duties as such. That your business. However, none of these representative will have all your rights and duties under this policy. SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 10 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) 3. With respect to 'mobile equipment' registered in a. Injury or damages under the 'products your name under any motor vehicle registration completed operations hazard' arising from all law, any person is an insured while driving such 'occurrences' during the policy period is the equipment along a public highway with your Products-Completed Operations Aggregate permission. Any other person or organization Limit shown in the Declarations. responsible for the conduct of such person is also b. All other injury or damages, including medical an insured, but only with respect to liability arising expenses, arising from all 'occurrences' out of the operation of the equipment, and only if during the policy period is the General no other insurance of any kind is available to that Aggregate Limit shown in the Declarations. person or organization for this liability. However, no person or organization is an insured with This General Aggregate Limit applies respect to: separately to each of your 'locations' owned a. 'Bodily injury' to a co-'employee' of the by or rented to you. person driving the equipment; or 'Location' means premises involving the b. 'Property damage' to property owned by, same or connecting lots, or premises whose rented to, in the charge of or occupied by you connection is interrupted only by a street, or the employer of any person who is an roadway or right-of-way of a railroad. insured under this provision. This aggregate Limit does not apply to 4. Any organization you newly acquire or form, other 'property damage' to premises rented to you than a partnership or joint venture, and over which arising out of fire, lightning or explosion. you maintain ownership of majority interest, will 3. Subject to item 2. above, the most we will pay for qualify as a Named Insured if there is no other the sum of all damages because of all 'bodily similar insurance available to that organization. injury,' 'property damage' and medical expenses However: arising out of any one 'occurrence' is the Liability a. Coverage under this provision is afforded only and Medical Expense Limit shown in the until the 90th day after you acquire or form the Declarations. co organization or the end of the policy period, The most we will pay for all medical expenses Swhichever is earlier; because of 'bodily injury' sustained by any one b. Bodily Injury and Property Damage coverage person is the Medical Expenses Limit shown in does not apply to 'bodily injury' or 'property the Declarations, damage' that occurred before you acquired or 4. Subject to item 2, above, the most we will pay for formed the organization; and the sum of all damages because of all 'personal ac. Personal and Advertising Injury coverage and advertising injury' sustained by any one does not apply to 'personal injury' or person or organization is the Personal and 'advertising injury' arising out of an offense Advertising Injury Limit shown in the Declarations. committed before you acquired or formed the 5. The most we will pay under Business Liability organization. Coverage for damages because of 'property No person or organization is an insured with damage' to premises rented to you, or in the case s respect to the conduct of any current or past of fire,while rented to you or temporarily occupied partnership, joint venture or limited liability by you with permission of the owner, is the company that is not shown as a Named Insured in Damage To Premises Rented To You Limit shown the Declarations, in the Declarations. D. Liability And Medical Expenses Limits Of The Damage to Premises Rented To You Limit Insurance applies to all damage proximately caused by the =- same event, whether such damage results from 1. The Limits of Insurance shown in the Declarations fire, lightning, or explosion or any combination of and the rules below fix the most we will pay the three. regardless of the number of: — If more than one limit of insurance under this a. Insureds; policy and any endorsements attached thereto b. Claims made or 'suits' brought; or applies to any claim or 'suit,'the most we will pay under this policy and the endorsements is the c. Persons or organizations making claims or single highest limit of liability of all coverages j = bringing 'suits.' applicable to such claim or 'suit.' However, this paragraph does not apply to the Medical 2. The most we will pay for: Expenses limit set forth in paragraph 3.above. SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 11 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) The Limits of this policy apply separately to each damage to which this insurance may also consecutive annual period and to any remaining apply. period of less than 12 months, starting with the d. No insured will, except at that insured's own beginning of the policy period shown in the cost, voluntarily make a payment, assume Declarations, unless the policy period is extended any obligation, or incur any expense, other after issuance for an additional period of less than than for first aid,without our consent. 12 months. In that case, the additional period will be deemed part of the last preceding period for 3. Financial Responsibility Laws purposes of determining the Limits of Insurance, a. When this policy is certified as proof of E. Buslnessowners Liability Conditions financial responsibility for the future under the 1. Bankruptcy provisions of any motor vehicle financial responsibility law, the insurance provided by Bankruptcy or insolvency of the insured or of the the policy for 'bodily injury' liability and insured's estate will not relieve us of our 'property damage' liability will comply with the obligations under this policy, provisions of the law to the extent of the 2. Duties In The Event Of Occurrence, Offense, coverage and limits of insurance required by Claim Or Suit that law. a. You must see to it that we are notified as soon b. With respect to 'mobile equipment' to which as practicable of an 'occurrence' or an this insurance applies, we will provide any offense which may result in a claim. To the liability, uninsured motorists, underinsured extent possible, notice should include: motorists, no-fault or other coverage required by any motor vehicle law. We will provide the (1) How, when and where the 'occurrence' required limits for those coverages. or offense took place; 4. Legal Action Against Us (2) The names and addresses of any injured No person or organization has a right under this persons and witnesses; and policy: (3) The nature and location of any injury or a. To join us as a party or otherwise bring us into damage arising out of the 'occurrence' or a 'suit' asking for damages from an insured; offense. or b. If a claim is made or 'suit' is brought against b. To sue us on this policy unless all of its terms any insured,you must: have been fully complied with. (1) Immediately record the specifics of the A person or organization may sue us to claim or'suit' and the date received; and recover on an agreed settlement or on a final (2) Notify us as soon as practicable. judgment against an insured; but we will not be liable for damages that are not payable You must see to it that we receive written under the terms of this policy or that are in notice of the claim or 'suit' as soon as excess of the applicable limit of insurance. An practicable. agreed settlement means a settlement and c. You and any other involved insured must: release of liability signed by us, the insured and the claimant or the claimant's legal (1) Immediately send us copies of any representative. demands, notices, summonses or legal papers received in connection with the 5. Separation Of Insureds claim or*suit'; Except with respect to the Limits of Insurance in (2) Authorize us to obtain records and other this policy, and any rights or duties specifically information; assigned in this policy to the first Named Insured, this insurance applies: (3) Cooperate with us in the investigation, or settlement of the claim or defense against a. As if each Named Insured were the only the"suit'; and Named Insured; and (4) Assist us, upon our request, in the b. Separately to each insured against whom enforcement of any right against any claim is made or"suit' is brought. person or organization that may be liable to the insured because of injury or SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 12 of 16 (Ed, 04/14) SB-300000-D (Ed. 04/14) 6. Unintentional Failure to Disclose Hazards merits in the territory described in Paragraph It is agreed that based on our reliance on your a.above or in a settlement we agree to. representations as to existing hazards, if 5. 'Employee' includes a 'leased worker.' unintentionally you should fail to disclose all such 'Employee' does not include a 'temporary hazards at the inception date of your policy, we worker.' shall not deny any coverage under this Coverage Form because of such failure. g. 'Executive officer' means a person holding any of the officer positions created by your charter, F. Liability And Medical Expenses Definitions constitution, by-laws or any other similar 1. 'Advertisement' means a notice that is broadcast governing document. or published to the general public or specific 7. 'Hostile fire' means one which becomes market segments about your goods, products or uncontrollable or breaks out from where it was services for the purpose of attracting customers or intended to be. supporters. For the purposes of this definition: 8. 'Impaired property' means tangible property, other a. Notices that are published include material than 'your product' or 'your work,' that cannot be placed on the Internet or on similar electronic used or is less useful because: means of communication; and a. It incorporates 'your product' or 'your work' b. Regarding web-sites, only that part of a web- that is known or thought to be defective, site that is about your goods, products or deficient, inadequate or dangerous; or services for the purposes of attracting b. You have failed to fulfill the terms of a contract customers or supporters is considered an o advertisement. r agreement; 2. 'Auto' means a land motor vehicle, trailer or if such property can be restored to use by: semitrailer designed for travel on public roads, (1) The repair, replacement, adjustment or including any attached machinery or equipment. removal of 'your product' or 'your work'; But"auto" does not include'mobile equipment.' or co 3. 'Bodily injury' means bodily injury, sickness or (2) Your fulfilling the terms of the contract or disease sustained by a person, including death agreement. resulting from any of these at any time. 9. 'Insured contract' means: 4. 'Coverage territory' means: a. A contract for a lease of premises. However, a. The United States of America (including its that portion of the contract for a lease of territories and possessions), Puerto Rico and premises that indemnifies any person or Canada; organization for damage by fire to premises b. International waters or airspace, but only if the while rented to you or temporarily occupied by s you with permission of the owner is not an injury or damage occurs in the course of travel or transportation between any places included insured contract ; g in Paragraph a.above; or b. A sidetrack agreement; N s c. All other parts of the world if the injury or c. Any easement or license agreement, except damage arises out of: in connection with construction or demolition (1) Goods or products made or sold by you in operations on or within 50 feet of a railroad; the territory described in Paragraph a. d. An obligation, as required by ordinance, to .. � above; Indemnity a municipality, except in connection (2) The activities of a person whose home is with work for a municipality; in the territory described in Paragraph a. e. An elevator maintenance agreement; above, but is away for a short time on your business; or f. That part of any other contract or agreement pertaining to your business (including an (3) 'Personal and advertising injury' offenses indemnification of a municipality in connection that take place through the Internet or with work performed for a municipality) under similar electronic means of which you assume the tort liability of another communication; party to pay for 'bodily injury' or "property provided the insured's responsibility to pay damage' to a third person or organization. damages is determined in a 'suit' on the Tort liability means a liability that would be SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 13 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) imposed by law in the absence of any 12. 'Mobile equipment' means any of the following contract or agreement. types of land vehicles, including any attached Paragraph f. does not include that part of any machinery or equipment: contract or agreement; a. Bulldozers, farm machinery, forklifts and other ( )1 That indemnifies a railroad for 'bodily vehicles designed for use principally off public injury' or'property damage' arising out of roads; construction or demolition operations, b. Vehicles maintained for use solely on or next within 50 feet of any railroad property and to premises you own or rent; affecting any railroad bridge or trestle, c. Vehicles that travel on crawler treads; tracks, road beds, tunnel, underpass or crossing; d. Vehicles, whether self-propelled or not, on (2) That indemnifies an architect, engineer or which are permanently mounted: surveyor for injury or damage arising out (1) Power cranes, shovels, loaders, diggers of: or drills; or (a) Preparing, approving or failing to (2) Road construction or resurfacing prepare or approve maps, drawings, equipment such as graders, scrapers or opinions, reports, surveys, change rollers; orders, designs or specifications; or e. Vehicles not described in Paragraphs a.,b.,c. (b) Giving directions or instructions, or or d.above that are not self-propelled and are failing to give them, if that is the maintained primarily to provide mobility to primary cause of the injury or permanently attached equipment of the damage; or following types: (c) Under which the insured, if an (1) Air compressors, pumps and generators, architect, engineer or surveyor, including spraying, welding, building assumes liability for an injury or cleaning, geophysical exploration, lighting damage arising out of the insured's and well servicing equipment; or rendering or failure to render (2) Cherry pickers and similar devices used professional services, including those listed in Paragraph (2) above and to raise or lower workers; supervisory, inspection or f. Vehicles not described in Paragraphs a.,b.,c. engineering services. or d. above maintained primarily for purposes 10. 'Leased worker' means a person leased to you by other than the transportation of persons or a labor leasing firm under an agreement between cargo. you and the labor leasing firm, to perform duties However, self-propelled vehicles with the related to the conduct of your business. 'Leased following types of permanently attached worker' does not include a'temporary worker.' equipment are not 'mobile equipment' but will 11. 'Loading or unloading' means the handling of be considered 'autos': property: (1) Equipment designed primarily for: a. After it is moved from the place where it is (a) Snow removal; accepted for movement into or onto an aircraft,watercraft or'auto'; (b) Road maintenance, but not construction or resurfacing; or b. While it is in or on an aircraft, watercraft or (c) Street cleaning; 'auto ; or c. While it is being moved from an aircraft, (2) Cherry pickers and similar devices watercraft or 'auto' to the place where it is mounted on automobile or truck chassis finally delivered; and used to raise or lower workers; and but 'loading or unloading' does not include the (3) Air compressors, pumps and generators, movement of property by means of a mechanical including spraying, welding, building device, other than a hand truck, that is not cleaning, geophysical exploration, lighting attached to the aircraft,watercraft or'auto.' and well servicing equipment. 13. 'Occurrence' means an accident, including continuous or repeated exposure to substantially the same general harmful conditions, SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with Its permission Page 14 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) 14. 'Personal and advertising injury' means injury, replacement, but which is otherwise including consequential 'bodily injury,' arising out complete, will be treated as completed. of one or more of the following offenses: The 'bodily injury" or 'property damage' must a. False arrest, detention or imprisonment; occur away from premises you own or rent, b. Malicious prosecution; unless your business includes the selling, handling or distribution of 'your product' for c. The wrongful eviction from, wrongful entry consumption on premises you own or rent. into, or invasion of the right of private b. Does not include 'bodily injury' or 'property occupancy of a room, dwelling or premises damage' arising out of; that a person occupies, committed by or on behalf of its owner, landlord or lessor; (1) The transportation of property, unless the d. Oral or written publication, in any manner, of injury or damage arises out of a condition material that slanders or libels a person or in or on a vehicle not owned or operated organization or disparages a person's or by you, and that condition was created by organization's goods, products or services; the 'loading or unloading' of that vehicle by any insured; or e. Oral or written publication, in any manner, of (2) The existence of tools, uninstalled material that violates a person's right of equipment or abandoned or unused privacy; materials. f. The use of another's advertising idea in your'advertisement'; or 17. 'Property damage' means: g. Infringing upon another's copyright, trade a. Physical injury to tangible property, including dress or slogan in your'advertisement.' all resulting loss of use of that property. All such loss of use shall be deemed to occur at 15. 'Pollutants' mean any solid, liquid, gaseous or the time of the physical injury that caused it; thermal irritant or contaminant, including smoke, or vapor, soot, fumes, acids, alkalis, chemicals and b. Loss of use of tangible property that is not co waste. Waste includes materials to be recycled, physically injured. All such loss of use shall be S reconditioned or reclaimed deemed to occur at the time of the 16. 'Products—completed operations hazard': 'occurrence'that caused it. a. Includes all 'bodily injury' and 'property For the purposes of this insurance, electronic data damage' occurring away from premises you is not tangible property. own or rent and arising out of 'your product' As used in this definition, electronic data means or'your work' except: information, facts or programs stored as, created (1) Products that are still in your physical or used on, or transmitted to or from computer g possession; or software, including systems and applications (2) Work that has not yet been completed or software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other g abandoned. However, 'your work' will be s deemed completed at the earliest of the media which are used with electronically following times: controlled equipment. _ (a) When all of the work called for in your 18. 'Software' means: contract has been completed. a. Electronic data processing, recording or (b) When all of the work to be done at storage media such as films, tapes, cards, the job site has been completed if discs, drums or cells; and your contract calls for work at more b. Data and programming records used for than one job site. electronic data processing or electronically (c) When that part of the work done at controlled equipment stored on such media; the job site has been put to its and intended use by any other person or c. Written or printed data, such as programs, organization other than another routines, and symbolic languages, essential to contractor or subcontractor working the operation of computers;and on the same project. d. Documents containing information on the Work that may need service, operation and maintenance of computers. maintenance, correction, repair or SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 15 of 16 (Ed. 04/14) SB-300000-D (Ed. 04/14) 19. 'Suit' means a civil proceeding in which damages (c) A person or organization whose because of 'bodily injury,' 'property damage,' business or assets you have 'personal and advertising injury' to which this acquired; and insurance applies are alleged. 'Suit' includes: (2) Containers (other than vehicles), a. An arbitration proceeding in which such materials, parts or equipment furnished in damages are claimed and to which the connection with such goods or products. insured must submit or does submit with our b. Includes: consent; or b. Any other alternative dispute resolution (1) Warranties or representations made at p any time with respect to the fitness, proceeding in which such damages are quality, durability, performance or use of claimed and to which the insured submits with your product'; and our consent. 20. 'Temporary worker' means a person who is (2) The providing of or failure to provide furnished to you to substitute for a permanent warnings or instructions, 'employee' on leave or to meet seasonal or short- c. Does not include vending machines or other term workload conditions. property rented to or located for the use of 21. 'Volunteer worker' means a person who is not others but not sold. your'employee,' and who donates his or her work 23. 'Your work': and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, a. Means: salary or other compensation by you or anyone (1) Work or operations performed by you or else for their work performed for you, on your behalf; and 22. 'Your product': (2) Materials, parts or equipment furnished in a. Means: connection with such work or operations. (1) Any goods or products, other than real b. Includes: property, manufactured, sold, handled, (1) Warranties or representations made at distributed or disposed of by: any time with respect to the fitness, quality, durability, performance or use of (a) You; 'your work'; and (b) Others trading under your name; or (2) The providing of or failure to provide warnings or instructions. SB-300000-D Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 16 of 16 (Ed. 04/14) POLICY NUMBER INSURED NAME AND ADDRESS B 5094065724 BRODERICK ARCHITECTS PLLC 55 S ATLANTIC ST SUITE 301 SEATTLE, WA 98134 ADDITIONAL INTEREST SCHEDULE LOCATION 1 BUILDING 1 Types Notice of Cancellation or Material Coverage Change Additional Interest Name and Address: CITY OF KENT 2019 W Meeker Street KENT WA 98032 Types Lessor of Leased Equipment Additional Interest Name and Address: US BANK EQUIPMENT FINANCE 1310 Madrid Street MARSHALL MN 56258 LOSS PAYEE SCHEDULE All loss payees as their interests may appear in the Covered Property. The following provisions apply in accordance with the insurable interest of the loss payee: Loss Payee Description of Property: Any Covered Property in which a loss payee, creditor or lender holds an interest, including any person or organization you have entered a contract with for the sale of Covered Property. LOCATION 1 BUILDING 1 Description of Property: Loss Payee Type: Building Owner Loss Payable Loss Payee Name and Address: SOMERSET PROPERTIES, INC 55 S Atlantic St #402 SEATTLE WA 98134 Description of Property: ARCHICAD SOFTWARE, CONTRACT# 401-1458018-001 Loss Payee Type: Loss Payee Loss Payee Name and Address: MARLIN BUSINESS BANK C/O INSURANCE SERVICE CENTER PO BOX 368 MARLTON NJ 08053 INSURED Page 4 of E SB147052C46 CNA (Ed.4-16) CHANGES-NOTICE TO CERTIFICATEHOLDERS OF CANCELLATION OR MATERIAL COVERAGE CHANGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reduction of aggregate limits through payment of claims), we agree to mail written notice of cancellation or material change at a minimum of thirty(30) days prior to such cancellation or material change, to: SCHEDULE Name of Designated Entity: Address/Contact Information of Designated Entity: 'Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following conditions are added: 1. If the policy is cancelled or not renewed, we will give written notice of such cancellation or nonrenewal to the Designated Entity shown in the Schedule above, or in the Declarations, at a minimum of thirty (30) days prior to such cancellation or nonrenewal. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity will state the effective date of cancellation or nonrenewal. However, such notice of cancellation or nonrenewal is solely for the purpose of informing the Designated Entity of the effective date of cancellation or nonrenewal and does not grant, alter, or extend any rights or obligations under this policy. 2. If we cancel or elect not to renew the policy for any reason other than nonpayment of premium, we will give cc written notice to the Designated Entity shown in the Schedule above, or in the Declarations, at a minimum of thirty 0 (30)days prior to such cancellation or nonrenewal, at the same time notice is given to the first Named Insured. 3. If we cancel or elect not to renew this policy for nonpayment of premium, we will give written notice to the Designated Entity shown in the Schedule above, or in the Declarations. Such notice may be provided before or after the effective date of cancellation or nonrenewal. 0 4. Failure to give notice in accordance with the terms of this endorsement does not: a N a. Alter the effective date of policy cancellation, nonrenewal or expiration; b. Render such cancellation or nonrenewal ineffective; S c. Grant, alter, or extend any rights or obligations under this policy; or o d. Extend the insurance beyond the effective date of cancellation or policy expiration,whichever comes first. N 8 N All other terms and conditions of the Policy remain unchanged. SB147052C46 (Ed.4-16) Page 1 of 1 Copyright,CNA All Rights Reserved. CNA SB1469688 (Ed. 6-16) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the: a. 'Bodily injury'or'property damage'; or b. Offense that caused the 'personal and advertising injury'; for which the additional insured seeks coverage co B. The insurance provided to the additional insured is limited as follows: a 0 0 1. The person or organization is an additional insured only with respect to liability for 'bodily injury', 'property CD damage'or'personal and advertising injury' caused in whole or in part by: a. Your acts or omissions; or 0 b. The acts or omissions of those acting on your behalf, N in the performance of your ongoing operations specified in the written contract or written agreement; or m s c. 'Your work' that is specified in the written contract or written agreement, but only for 'bodily injury' or 0 'property damage' included in the 'products-completed operations hazard',and only if: 0 N (1) The written contract or written agreement requires you to provide the additional insured such coverage; $ and g (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to 'bodily injury', 'property damage' or 'personal and advertising injury' arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B(6-16) Page 1 of 2 Copyright,CNA All Rights Reserved. SB1469686 CNA (Ed. 6-16) 4. The insurance provided to the additional insured does not apply to 'bodily injury', 'property damage' or 'personal and advertising injury' arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or'suit' under this insurance; 2. Tender the defense and indemnity of any claim or'suit' to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph D.2.below: a. Tender the defense and indemnity of any claim or 'suit' to any other insurer which also has insurance for a loss we cover under this Coverage Part; and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or'suit'from the additional insured. D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3.and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured, 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any 'suit' if any other insurer has a duty to defend the additional insured against that 'suit' If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2.and replace it with the following: 2. We waive any right of recovery we may have against any person or organization with whom you have agreed to I waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or 'your work' done under a contract with that person or organization and included within the 'products-completed operations hazard.' All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2 of 2 Copyright,CNA All Rights Reserved. 14 Per local salesBUSINESS LICENSE and use tax mustbe coded LICENSE MUST BE'PAED ANNUALLY BY No. 1715 for all qualified JANUARY 1st TO AVOID PENALTY sales within.the city of Issuance of License Does Not Imply Licensee's Kent. Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS 2019 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS CA— BLOC-2170774 BRODERICK ARCHITECTS PLLC MAYOR 55 SO ATLANTIC ST STE 301 Tax Registration The City of Kent SEATTLE,'WA 98134 Endorsement At 2204Tx_AVE So KENT,WASHINGTON 98032 Request for Mayor's Signature KE1O' C W ASMINGTONomplete this form and route to the Office of the City Attorney (Print on cherry-colored paper) Approved by Director Originator: Alex Ackley Phone (Originator):x5081 Date Sent:04/30/2019 Date Required:05/06/2019 Returned Signed Document to: Nancy Clam/ B Contract CoversheetAttachedYES Has this Document been Specifically Authorized Vendor Name: Broderick Architects, PLLC in the Budget? Yes ❑No Date of Council Approval: N/A Account Number: F20094.64120.9476 Brief Explanation of Document: Consultant to provide architectural and engineering services associated with preparation of detailed drawings and specifications for the replacement of the waterproofing membrane to the 2nd floor patio of City Hall. The membrane under the brick of the patio has been failing for quite some time, causing multiple leaks in the City Hall lobby area below. The work completed by Broderick Architects, PLLC will provide the drawings and specifications required to go out to Bid for a contractor to make the repairs. This is being funded by the Facilities Capital Projects, City Hall Patio Repairs Fund. RECEIVED NT LAW DEPT. Date Received by City Attorn . Comments: RECEIVED � -1 � �.J Date Routed to the May ' O c 6/ � ity of Kent Date Routed to the City Clerk: �10k-ei,14 Date Returned to Originator: adccW19756 4 18