HomeMy WebLinkAboutCAG2019-0250 - Original - Quigg Bros, Inc. - Traffic Calming - 03/25/2019KENT POLICE SERVICES AGREEMENTWAúxl¡9roN
THIS AGREEMENT is
(hereinafter "Kent"), and
State of Washington, located and doing b
( hereinafter the "Contractor").
the of Ke nt, a Washington municipal corporation
o rg anized under the laws of the
usiness at q u"Sf^h 6ln-¿.¿-ifttaul¿t¡t,1)n q Y62.o
I. TERM ''AGREEMENT" FURTHER DEFINED . INCORPORATION OF ATTACHMENTS
AND INSURANCE EXHIBIT. The term "Agreement" as used throughout this document shall
mean thls document, and any and all Scope of Services Attachments (hereinafter "Attachments")
which describe the scope of services to be performed. The Attachments are hereby incorporated
into this Agreement by this reference. It is recognized that the Contractor may request police
services on several occasions, and therefore, while this main Agreement will only be signed one
time, there may be multiple Attachments to this Agreement. This Agreement shall be enforceable
with regard to each instance of work performed pursuant to each Attachment. In the event of a
conflict between the terms of this Agreement and any Attachment, the terms of thís Agreement
shall prevail.
The Insurance exhibit as required by Section IX of this Agreement shall also be lncorporated into
this Agreement as if set forth herein in full.
Ir. SCOPE OF SERVICES. Contractor desíres to utilize the services of a commissioned Kent
police officer who will be dedicated to performíng the services described ín the Attachment(s) to
this Agreement.
Police officers shall only be permitted to provide police-related services durlng the performance of
the work called for herein, and Contractor shall not ask or solicit such police officers to perform
work that is not police-related.
III. COST OF SERVTCES AND PAYMENT
A. Hourly Rate. Contractor shall pay to the Kent Police Department a sum for each
hour of worked performed by a commissioned police officer. The Chief of Police or his or her
designee shall have the authority to determine the hourly rate that will be specified ln the
Attachment.
B. Four Hour Minimum Payment Requirement. There shall be a four (4) hour
minimum payment required for each instance that a police officer performs services under this
Agreement. Therefore, Contractor shall be required to pay to Kent the greater sum of four (4)
hours of work or the actual number of hours worked durlng each instance that a police offlcer
performs services. For example, if Contractor needs two (2) police officers to work on the same
day and at the same time for two (2) hours of work each, Contractor will be required to pay Kent
for four (4) hours for each police officer, for a total of eight (8) hours. If Contractor needs two
(2) police officers for six (6) hours each, Contractor shall pay for six (6) hours for each police
officer for a total of twelve (12) hours.
C. Holiday Shifts and Shifts in Excess of Ten Hours. Shifts performed on holidays
shall be subject to an increased hourly rate that will be specified in the Attachment. Shifts that
POLICE SERVICES AGREEMENT - 1 (Form Verslonr 1/2016)
last in excess of ten (10) hours will be subject to a higher hourly rate for all work performed in
excess of ten (10) hours. The hourly rate forwork performed in excess of ten (10) hours may not
be specified in the Attachment, but will be approximately at a rate of one and one-half (1.5) tirnes
the iegular hourly rate charged on that day. The Contractor will be billed and shall pay the rate
for work over ten (10) hours even if not specified in the Attachment,
D, ]¿lethod and Time of Payment. Kent shall, within a reasonable time, submit a bill
to Contractor for amounts owing for services performed. Contractor shall, within fourteen (14)
calendar days of receipt of such bill, pay the amount owlng to Kent. All payments shall be made
to the "City of Kent" and shall be delivered to:
City of Kent
Attn : Customer Services
220 Fourth Avenue South
Kent, WA 98032
E. Late Payment Penalties. If Contractor fails or neglects to pay any invoice within
thirty (30) calendar days from the date shown on the invoice as the "invoice dater" a servíce
charge'of one percent (1olo) of the amount of the unpaid balance on the account or two dollars
($2.00), whichever sum ls greater, will be imposed one (1) month from the date payment was
àu", anä at the end of each lucceeding monthly period, untll all past due amounts are paid in full'
Any involce or seryice charge due under this Agreement and unpaid shall constitute a debt
owed to Kent. Kent may, pursuant to Chapter 3.10 of the Kent City Code and Chapter 19.16 of
the Revised Code of Washington, use a collectlon agency to collect outstanding debts, or it rnay
seek collection by court procèedings, which remedies shall be in addition to all other remedies.
At the discretion of the Chief of Police or his or her designee, services may not be provided
to Contractors who have delinquent payments.
IV. EMERGENCY INTERRUPTIONS IN SERVICE. Police officers performing services called
for in this Agreement shall at all times be subject to the rules, regulations, and policies of Kent
and its pollcã Department, and shall be required to follow the orders of supervisors and command
staff. Contractor understands that police officers performlng services pursuant to this Agreement
may, from time to time, be required to perform traditional police duties for the benefit of the
greäter publlc, Therefore, from time to time, police officers performing services for Contractor
ñay be i-equired to respond to emergencies and abandon the seruices being called for under this
Rgrãement. In the event of this ocðurrence, Contractor shall not be relieved of providing full
pãyment; provided, that ln the event the interruption lasts longer that one half of one hour (i.e.,
inor" than thlrty (30) continuous minutes), Kent and Contractor will agree to an amount of a
reduction in the còsts of services to account for the police officer's tlme not performing services
under this Agreement.
V, INDEMNIFICATION.
A, General. Contractor shall defend, indemnify, and hold Kent, its officers, offlcials,
employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses,
or åuits, inclu?ing all legal costs and attorney fees, arising out of or in connection with Kent's
performãnce of tñis Agreement, except for that portion of the injuries and damages caused by the
sole negligence of Kent or its officers or employees,
POLICE SERVICES AGREEMENT - 2 (Form Verslon: tl20l6),
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATTON PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY
UNDER IN_PUSTRIAL INSURANCE., TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATTON. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
B. Indemnification and the Public Duty Doctrine. Contractor understands that,
pursuant to the legal doctrine in Washington called the "publlc duty doctrine," Kent, its Police
Department, and its officers and employees of the Kent Police Department, owe a general duty to
the publlc and not a specific duty of protection or care to the Contractor. Contractor understands
that by entering lnto this Agreement, the Police Department's and the police officer's duties remain
to the public in general, and neither Kent, its Police Department, nor any of its officers or
employees have a specific duty of protection or care to the Contractor, its employees,
subcontractors, and agents, or any of its guests, or other people on the premÍses of the Contractor.
Moreover, neither Kent, its Police Depaftment, nor any officer or employee of Kent guarantees, in
any way, the safety of any person or property as a result of the work performed under this
Agreement. In the event of injury to any person or property, Contractor shaf I not assert that Kent,
its Police Department, or its police officer owed any special duty to protect persons or property or
provide care for such persons or property or had any special relationship wlth the owner or any
other person to protect persons or property. This Agreement shall in no way create a duty for
Kent, its Police Department, or any of íts officers or employees where none prevíously existed. In
the event Kent ls sued, and a court determines that the public duty doctrlne does not apply, or an
exceptlon to the public duty doctrine exists with relation to an Injury to the person or propefty of
any employee, subcontractor, guest, or other person on the premises of Contractor, Contractor
shall specifically indemnlfy, hold harmless, and defend Kent, its Police Department, and each and
every officer and employee thereof to the full extent permitted by law.
C. Survival. The provislons of this Section V shall survive the expiratíon or termination
of this Agreement and the obligations contained therein will contlnue to apply beyond the provision
of services called for in any Attachment,
VI. PARTIES ARE INDEPENDENT. The parties agree that neither shall be considered an
employee or agent of the other,
VII. TERMINATION, ALTERATION, OR RESCHEDULING. In the event Kent is unable to
obtain the services of a Kent Police Officer to perform the services called for in the Agreement,
Kent will contact Contractor, and advise Contractor that Kent is unable to perform the services
called for herein. Notice by way of telephone, email, writlng, or in-person shall be adequate notice
of such cancellation of services, and Kent shall not be liable for the cost of Contractor obtaining
replacement services.
In the event Contractor must cancel, alter, or reschedule the services called for by this Agreement,
Contractor must provide at least ten and one-half (10.5) hours advance notice to the Police
Department by contacting its on-duty sergeant line at (253) 856-5840. A failure to cancel, alter,
or reschedule at least ten and one-half (10,5) hours before the services are called for shall result
in the Contractor paying the mlnimum four (4) hours of servlce provided for in Section III.B'
above, regardless of whether such services are provided at a later or rescheduled date and time.
VUI. CONTRACTOR SHALL ABIDE BY LAWS AND SHALL NOT DISCRIMINATE. At AII tiMCS
during Kent's performance of this Agreement, Contractor shall abide by all laws and regulations
applicable to Contractor's business. Moreover, Contractor shall not, by reason of race, religion,
color, sex, age, sexual orientation, national origin, or the presence of any sensory' mental, or
POLICE SERVICES AGREEMENT - 3 (Formverslon; tl20r6)
physical disability, discriminate against any person in violation of any laws of the State of
Washington or the United States.
IX. INSURANCE. Contractor shall at all flmes during Kent's performance of the services called
for in this Agreement procure and maintain insurance of the types and in the amounts described
in Exhibit A attached and incorporated by this reference.
X. CONTRACTOR'S BUSINESS PERFORMED AT ITS OWN RISK. CONTTACTOT ShAII tAKC AII
necessary precautions and shall be responslble for the safety of íts employees, agents, guests,
and all p"rsonr on Contractor's property and invitees at all times when a police officer is performing
services pursuant to this Agreement.
XT. MISCELI-ANEOUSPROVISIONS,
A, Non-Waiver of Breach. The failure of Kent 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 oñe or more instances shall not be construed to be a walver or relinquishment
of those covenants, agreements, or optíons, and the same shall be and remain in full force and
effect.
B. Resolution of Disputes and Governing Law. This Agreement shall be governed
by and construed in accordance with the laws of the State of Washington. If the parties are unable
tó seftle any dispute, difference, or claim arising from the parties' performance of this Agreement,
the exclusive meané of resolving that díspute, difference, or claim, shall only be by filing suit
exclusively under the venue, ru-les, and jurísdiction of the King County Superior Court, King
County, Washington, unless the partíes ágree in writing to an alternatlve dispute resolution
process. In any claim or lawsuit for damages arising from the _parties' performance of this
Agr"erunt, each party shall pay all its legal tosts and attorney's fees incurred in defending or
bñnging ru'.fr .lalm oi lawsu¡t, including a-il appeals, in addition to any other recovery or award
prouio.? by law; provided, hówever, nãthing in this paragraph shall be construed to limit the
kent's right to indemnlfication under Section V.B. of thls Agreement,
c. Written Notice, All communications regarding this Agreement shall be sent to the
parties at the addresses llsted on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall becomé effective three (3) business days after the
date of mallinþ by registered or certified mail, and shall be deemed sufficiently given if sent to the
addressee at lhe adãress stated in this Agreement or such other address as may be hereafter
specified in writlng.
D. Assignment. Any asslgnment of this Agreement by either party without the written
consent of the noñ-assigning party shall be void. If the non-assigning party gives its.consent to
any assignment, the terms ıf tnis Agreement shall continue in full force and effect and no further
assignment shall be made without additional wrltten consent.
E. 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
Kent and Contractor.
F, Entire Agreement. The written provisions and terms of this Agreement, together
wlth any Exhibits or Attachments attached hereto or referenced herein, shall supersede all prior
verbal statements of any officer or other representative of Kent, and such statements shall not be
effective or be construed as entering into or forming a part of or altering in any manner this
POLICE SERVICES AGREEMENT - 4 (Form versloni 1/2016)
Agreement, All of the above documents are hereby made a part of this Agreement. However,
should any language in any of the Exhibits or Attachments to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail. Further, the
repiesentative signing this Agreement on behalf of Contractor swears and affirms that he or she
is authorized to enter into this Agreement on behalf of Contractor and that action is binding on
the Contractor.
G. Compliance with Laws. Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effectlve or in the future become applicable to
Contractor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operatíons.
H. Counterparts, 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.
IN WITNESS, the part¡es below execute this Agreement, which shall become
effective on the last date entered below.
CONTRACTOR:
By ,,ûrhk;
Print
DATE:ö
KENT¡
By wfu
(slgnature)
Print Name:Rafael lla-
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
Attn:Hans brøfvr K
rø--53V- t (telephone)
facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
sgt SGT Stansfleld
City of Kent
220 Fourth Avenue South
Kent, WA 98032
.(253) 856- 5809 (telephone)
(253) 856-6802 (facsimile)
rcHirlk€?ú f bulHldi.SD*}tuh*wb H¡. hh Àt.id b trxv *d.h
POLICE SERVICES AGREEMENT. 5 (Form Versloni 1/2016)
KENT SCOPE OF SERVICES ATTACHMENT
To Police Services Agreement
I.
This Sco of Se t shall be incorporated into the Police Services igned by
(hereinafter "Contractor") on
DESCRIPTION OF SERVICES. Contractor requests the services of a comrnissioned police
offlcer who wlll be dedlcated to per:forming the following seryices (check box that applies):
n FlaggingÆraffic Control
fl Security for Entertainment Venue or Event
tr Security for Retail Establishment
n Guarding of Property, Buildlngs, Possessions, or Equipment
E other tfL "L
II.
police officers shall only be permitted to provide police-related services during the performance
of the work called for'heréin, and Contractor shall not ask or solicit such police officers to
perform work that is not police-related.
HOURLY RATE & NUMBER OF OFFTCERS REQUTRED. The work called for herein shall be
paid by contractor at the followlng hourly rates and the contractor requests the following
number of offlcers:
f] Extra-DutY Work: Officer
Up to $80 Per hour'*
Number of Officers Required
Extra-Duty Work: SuPervisor
Up to $100 per hour.*Number of Supervisors Required:-
A,
SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT
Page 1 of 2
* Note: Hourly rates are quoted "up to" a specified amount. officers are paid different rates
based on factors such as ttme in servlce, as'signment, educatlon, etc. The rate quoted is the
maximum rate that *itt U. billed subJect to ove-rtime holiday rates specified below. contractor's
rate may be lower.
Four Hour Minimum. There shall be a four (4) hour minimum payment required for each
instance that a police officer performs selvlces under the Agreement' Therefore,
Contractor shall be required to iay to Kent the greater sum of four (4) hours of work or
the actual number of hours woi'fé¿ durlng each instance that a police officer performs
servlces. For example, lf Contractor neeãs two (2) officers to work on the same day
and at the same timä for two (2) hours of work each, Contractor will be requlred to pay
fénf foi four (4) hours for eacÈ þolice officer, for a total of eight (B) hours' If Contractor
nã"¿r two (2) óff¡.àrr for six 1e¡ nours each, Contractor shall pay for six (6) hours for
each police offlcer for a total of twelve (12) hours.
(Form Verslon: l2l2ot7
B. Overtime RAte. Contractor shall be required to pay the rate of one and one half (1.5)
times the rate specified above for any time worked by a police officer in excess of ten
(10)hoursinashift. Therefore,ifapoliceofficerworksten(10)hours,heorsheshall
be pald at the rate specified above. If the officer works twelve (12) hours, he or she
shaf I be pald at the rate specified above for the flrst ten (10) hours, and at a rate of one
and one half (1.5) times the rate specifled above for the remalning two (2) hours.
C. Holtday Rate. The following holidays are observed by Kent pollce officers: New Year's
, Day, Martin Luther Klng Day, Presldent's Day, Memorial Day, Independence Day, Labor
Day, Veteran's Day, Thanksgiving Day, Day afterThanksgiving, and Christmas.
Except as otherwise provided in this section, all hours worked during an observed
holiday, or durlng 15:00 hours to 23:59 hours on Christmas Eve or New Year's Eve, will
be bllled at one and a half (1.5) times the rate specified above. All hours worked on
Thanksgiving Day or Christmas Day will be bllled at a rate of two (2.0) times the rate
specifled above.
D Çontacto(s Termination, Alteration, or Reschedullng of Setvlces. Cancellatlon,
alteratlon, or reschedullng of pollce officer services by the Contractor for a speclfic date
must be made at least ten and a one-half (10.5) hours prlor to the scheduled start time
for that date. If Contractor fails to provide ten and one-half (10.5) hours advance notlce
from the scheduled start time, Contractor will be billed for a minimum payment of four
(4) hours per officer scheduled for that date in accordance with Section II.A' above.
Cancellation, alteration, or rescheduling notification can be made by phone oremail.
LOCATION OF SERVICES, The servlces called for herein shall be performed at the followlng
location:
A police officer will arrive at the above locatlon on the date and time specified below.
DATE AND TIME
from I¿/ t am/pm
FOR SERVICES. Contractor requests a Kent police offi
-,20-9to -
am/pm
cer orovide services
-,'?:On
lUl'tt{h
III.
Prlnt Name
IV
By signing below, I understand that I am entering a contract to hire police officers to perform the work
Oéscr¡OeO above, I agree to the terms of this Scope of Services Attachment and all of the terrns
contained within the Police Services Agreement referenced herein, and finally lf I am signing this Scope
of Services Attachment on behalf of an organlzatlon, I swear and afflrm that I am authorized to do so
on behalf of the organization and that action is binding on the Contractor.
,6
Slgnature Date
Bu
\)rl
t
ît4 t^)SkIt
SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT
Page 2 of 2
Approved by
Kent Police Department Date
ress qg
(Form Verslon: L2l20l7)
EXHIBIT A
INSURANCE REQUTREMENTS FOR
KENT POLICE EXTRÃ DUTY AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to pro.perty which
may arise fiom or in connection with thê performance. of the work hereunder
by úhe Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
Commercial General Liablllty insurance shall be written on
tSO occurrence form CG 00 01 and shall cover liabillty
arising from premises, operations, independent contractors,
persoñal iniu'ry and advdrtising iniury, qll liabillty assumed
Lnder an irisuied contract' The City shall be named as an
insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed under
this contract ud¡ng ISO additional insured endorsement CG
20 10 11 85 or a substitute endorsement providing
equivalent coverage'
Minimum Amounts of InsuranceB.
Contractor shall maintaín the following insurance limits;
l- Commerc'tal General Llability insurance shall be written with
êss than $1,000,000 each occurrence, and a
$2,000,000 general aggregate limit.
C. Other Insurance Provisions
The lnsurance policies are to contain, or be endorsed to contaln, the following
provisions for Commercial General Liability insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insuiance, or insUrance pool coverage
Z, maintaf ned by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
3. 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 c'ertif¡ed mail, return receipt requested, has been given
to the City.
EXHIBIT A (Continued)
4, The City of Kent shall be named as an additional insured on all polic.ies
(except Professional Liability) as respects work performed by or on behalf
òf tfre contractor and a copy of the endorsement namlng the City as
additional insured shall be attached to the Certificate of Insuranç9., The
City reserves the right to receive a certified copy of all required lnsurance
policies. The Contràctor's Commerclal General Llabillty insurance shall
älso contaln a clause stating that coverage shall apply separately to each
insured against whom claim is made or sult is brought, except with
respects to the limits of the insurer's liabilíty.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with origlnal certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional ihsured endorsement, evidencing the lnsurance requlrements 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
requlrements as stated herein for the Contractor.
oATE (llf,,oD/rvYY)
03 /22 /20Le
ONLY
NEGATIVELYAFFIRIIATIVELY
THISHOLDER.THE CERTIFICATEUPONANDNOCONFERSRIGHTSOFnoNINFORMAtsASlssuEDMATTERA¡sTH CERTIFICATE BY POLICIESTHEEAFFORDEDCOVERAGOREXTENDTERALTHEEND,AtiORDOESCERTIFICATENOT AUTHORIZEDTHEISSUINGAGOBETWEENNTRACT¡NSURER(8),NOTooEs CONSTITUTEINSURANGEOFCERNFrcATETHI$BELOW
REPRESENTATÍVE OR PRODUCER, AND THE CERNF¡CATE HOLDER.
certain pollcles may require an endorsement, A etatement on
must INSURED or be
lf SUBROGATION lS WANED, ¡ubiect to tho terms and condltlon¡ of lho
this certlñcate does not corifer
INSURED,holder ls an
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INsURED
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CERTIFICATE OF LIABILITY INSURANCE
NUMBER: 5s70,{423 NUMBER:
@ r9s8.2015 ACORD CORPORA
ACORD 25 (2016/03)
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CERTIFICATE
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AUTOTOBILE UABILITY
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SHOULD ANY OF lHE ABOVE DESCRIBEO POLICIES BE CÀNCELLEO BEFORE
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ACCOROANCE VYITH T}IE POLICY PROVISIOI{S'
AUIHORIZEO RÊPRESENTAllvÉ
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The ACORD name and logo are registered marks of ACORD
ÎON. All rights reserved'
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(coNTRACTORS)
This endorsemont modifles insurance provlded under the followlng:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
'1. WHO lS AN INSURED - (Seclíon ll) is amended
to include any person or organlzatfon that you
agree in a "written contract requlrlng lnsurance"
to lnclude as an addltional insured on thls Covor-
age Part, but:
a) Only wlth respect to liabillty for -bodlly lnJury",
"property damage' or'personal inju¡f ; and
b) lf, and only to the extent that, the lnjury or
damage is caused by acts or omlsslons of
you or your subcontractor in the performance
of "your work" to whlcù the nwrltten contract
requiring lnsurance" applles' Tho person or
organlzation doos not quallfy as an addilional
lnsured with respecl to the independent acts
or omlsslons of suoh per$on or organization'
2. .The lnsuranoo provlded to the addltlonal lnsured
by thls endorsement is llmited as follows:
a) ln the event that the Llmlts of lnsurance of'
thls Coverago Part shown in the Declarations
exceed the límits of llabilíty requlred by the
'written cpntract requiring insurancen, the in-
surance provided lo the addltlonal insured
shall bo limiled to the llmits of liabillty re'
quired by that "written conlracl requlring in-
surançe". This endorssment shall not ln'
crease the llmlts of insurance descriþod ln
Sectlon lll - Lirnlts Of lnsurance'
b) The lnsurance provlded to the additional in"
sured does not apply to "bodlfy lnJury", 'prop-
erty damage" or npersonal injury" arislng out
of the renderlng of, or failure to render, any
professional archftectural, engineering or sur-
veylng servlces, lncluding:
l, The preparing, approving, or failing to
preparo or approve, rnaps, shop draw-
lngs, opinions, reports, surveys' fleld or-
ders or change ordors, or the preparlng'
approving, or faillng to prepare or âÞ
prove, drawings and speclflcatlons; and
¡1. Supervlsory, inspectlon, archltectural or
engineering actlvltles'
c) The lnsurance provided to the addltlonal ln'
sured does not apply to "bodlly injury' or
"properly damage" caused by "your work"
and included ln the nproducts-completod op'
eratlons hazardn unless the lrritten contract
requlring lnsurance' specifl cally requlres you
to provlde such coverage for that additional
lnsured, and then the insurarrce provided to
the additional lnsured applles only to such
"bodlly lnJury' or "property damage" that oc-
curs bofore the end of the period of time for
which the "wrltten contract requirlng insur-
ance" requlres you to provide such coverage
or the end of tho pollcy period, whlchever ls
earlier,
3. The lnsuranoe provided to the addltional insured
by this endorsement is excess over any valld and
côllectible "other insurance", whether prlmary,
excess, conlíngent or on any other basls, that ls
avallable to the addltional insured for a loss we
cover under thls endorsement. However, if the
"written oontract requirlng insurance" speclfically
requires that thls insurance apply on a prlmary
basis or a primary and non-contrlbutory basis'
this lnsurance is prlmary to oother lnsurance"
avallable to the addltlonal insured whlch covers
that person or organization as a named lnsured
for such loss, and we wlll not share wlth that
'other lnsurancen. But the lnsurance provided to
the addltlonal lnsured by th¡s endorsement still ls
exoess over any valld and collectlble "other ln'
surance", whethär primary, excess, oontingent or
on âny other basls, that ls avallable lo the addi-
tlonalìnsured when that person or organÞatlon is
an additional insured under such nothor insur-
ancen,
4. As a oondition of coverage provlded to the
addltlonal insured by this endorsement:
a) The additlonal lnsured must glve us written
notice as soon as practlcable of an "occur-
rencên or an offense which may result ln a
clalm, To the extent posslble, such notlce
should lnclude:
cG D2 46 08 05 @ 2005 The St, Paul Travelers Companles, lnc.Page 1 of2
COMMERCIAL GENERAL LIABILITY
i. How, when and where the "occurrencao
or ofiense took Place;
il. The names and addresses of any iniured
persons and wltnesses; and
iii. The nature and loca$on of any lniury or
damage arising out of the noccunence" or
offense.
b) lf a clalm ls made or'suit' is brought against: the additlonal insured, the additional insured
must:
L lmmedlately record the speclfics of the
clalm or nsuit" and tlre date recelved; and
¡¡. Notify us as soon as practlcable.
The addltlonal lnsured must see to it that we
recelvo wrltten notlce of the claim or'suit'as
soon as pradlcable.
c) The additlonal lnsured must immediately
send us copies of all legal papers recelved ln
connectþn wllh the claim or "suif', cooperate
wlth us ln the investlgatlon or settlement of
the clalm or defense agalnsl the''suit", and
otherulso comply wlth all pollcy condltlons.
d) The addltlonal insured must tender the de-
fense and lndemnity of any dalrn or "sulf' to
any provlder of 'other insuranoeo which would
cover the additlonal insured for a loss we
cover under this endorsement, However, lhls
condltlon does not affect whether the lnsur-
ance provided to the addltlonal lnsured by
thls endorsemont is prlmary to "other lnsur-
ane¡n avallable to the additlonal insured
whlch covors thal person or organlzation as a
named lnsured as descrlbed in paragraph 3.
above.
ö. The followlng deflnltion is added to SECTION V'
- DEFINITIONS:
"Written contract requlring lnsurancen means
that part of any wrltton contract or agreement
under whlch you are required to lnclude a
person or organlzatlon as an addltlonal ln-
iured on this Coverage Part, provldod thal
the "bodily injury" and *property damage" oc-
curs and the "personal injury" is caused by an
offense commltted:
a. After the signlng and execution of the
contrao-t or agregment bY You;
b. While that part of the oontract or
agreement is ln effect; and
c. Before the end of the policy perlod'
Page2of 2 @ 2005 The St. PaulTravelers Companies, lnc.cG D2 46 08 05