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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 EXTRà 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 holder in lleuto the l,farfa ldoga 206-3r13-2323 narfa.nog 25515CIIÀRTER OÀK FIRE INS Cþ Às8r¡redi¿rtn€Ds ot ll¡Éhiûgtoû, I¡I¡c dba üqu Àast¡rêdPartn€r6 o! Wash. InÉ. Àgeaay, IrLC CÀ l¡ic 0X61056 1325 Fourlb Àvenuo, 9ulÈe 2100 8€attL6. wÀ 98101 PROû',CER 06- 25682IRÀVELEnS IND CO OF qls o: Àb6rdeelt wÀ 98520 P.o. Box 1707 INsURED OulEg 8106., Iôc. CERTIFICATE OF LIABILITY INSURANCE NUMBER: 5s70,{423 NUMBER: @ r9s8.2015 ACORD CORPORA ACORD 25 (2016/03) narl¡uogg 55? 0{{23 CERTIFICATE PERIODPOLICYFORABOVETHENAMEDTHEINSUREDTOISSUEDBEENBELOWLISTEDINSURANCEOFTHETHATCERTIFYTOTHISTHlsWHrcHRESPECTWTHfoDOCUMENTOROTHEROFANYCONTRACTORTERMCONDITIONREOUIREMENTANYNOTWITHSTANOINGINDICATED.THE TERMS,TO ALLSUBJECTNEHEREIDESCRIBEDSYAFFORDEDTHPOLtCIESINSURANCETHEORISSUEÐPERTAIN,MAYMAY BY CLAIMS,PAIDHAVEMAYREDUCEDBEENSHOWNLIMITSOFCONDITIONSPOLICIES,SUCHANDEXCLUSIONS UHIT3 1,000,000OCCURRENCEx 300 000 5 000onox 1, 000. 000x 2,000,000IE 2,000,000 I t2l3t/L9L2/3L/t8DTCO526D910 1COF18x x COTIf ÉRCIA! CENERAL UABIUW WÀ Stop Gap POLICY D€duatlbl€ $2 5OO PD CLAIMS-lìfADE occl,rR PER: toc LIMIT APPLIES PRo.JECÍ I I å 0 1¿ 000.000 $BOÞ|LY INJURY (Par Porw)x sBoDILY |¡UURY (Psr æld€nt) ¡ $ L2 11826G x B x ANY AUTO owltEo AUTOS ONLY HIRÉO ALTTOS ONLY SCHEDULÉD AUTOS NON-OWNED AUTOS ONLYcoII $1000Cou¡¡ $1000 AUTOTOBILE UABILITY EACH OCCURUÍBRELLAIIAB EXCEsS LTÀB EA E.L. N/A AXD ETPLOYERE' L¡ABILTÍY Y/Ntl Rer KBtlr POLICB B¡CrRÀ DIIry AGREn{E¡{T8 rh€ certifio¡te boldgr ig add{tlonal lnsured P€r the aEbached' Sohedul., mry b. ¡ttôchsd It mm ryâor l! Équlred) DESCßIPNON OF OPERAIþNg / LOCANONS I VEHICLEs (ACORO tot' Addlt¡ørl R.n rlt clty of K€Et 220 ,ltb Àve. South , vlÀ 98032 g3À SHOULD ANY OF lHE ABOVE DESCRIBEO POLICIES BE CÀNCELLEO BEFORE iüÈ-Exiinenox oATE THEREoF, NorlcE wlLL BE DELIvERED lN ACCOROANCE VYITH T}IE POLICY PROVISIOI{S' AUIHORIZEO RÊPRESENTAllvÉ )*Ut^rþ,-,o The ACORD name and logo are registered marks of ACORD ÎON. All rights reserved' COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (coNTRACTORS) This endorsemont modifles insurance provlded under the followlng: COMMERCIAL GENERAL LIABILITY COVERAGE PART '1. WHO lS AN INSURED - (Seclíon ll) is amended to include any person or organlzatfon that you agree in a "written contract requlrlng lnsurance" to lnclude as an addltional insured on thls Covor- age Part, but: a) Only wlth respect to liabillty for -bodlly lnJury", "property damage' or'personal inju¡f ; and b) lf, and only to the extent that, the lnjury or damage is caused by acts or omlsslons of you or your subcontractor in the performance of "your work" to whlcù the nwrltten contract requiring lnsurance" applles' Tho person or organlzation doos not quallfy as an addilional lnsured with respecl to the independent acts or omlsslons of suoh per$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