HomeMy WebLinkAboutCAG2021-295 - Original - Transportation Solutions, Inc. - S 228th Street UPRR Grade Separation - 06/22/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingComments:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
Business License Verification: Yes In-Process Exempt (KCC 5.01.045)
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover
Sheet forms.
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
(Optional)
* Memo to Mayor must be attached
CONSULTANT SERVICES AGREEMENT - 1
($20,000 or Less)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Transportation Solutions Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Transportation Solutions Inc. organized under the laws of the State of
Washington, located and doing business at 16932 Woodinville Redmond Road NE, Suite A206, Woodinville,
WA 98072, Phone: (425) 883-4134, Contact: Victor Salemann (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall provide support for the S. 228th Street UPRR Grade Separation Project.
For a description, see the Consultant's Scope of Work which is attached as Exhibit A and
incorporated by this reference.
The 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. The Consultant shall complete the
work described in Section I by December 31, 2021.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Six Thousand, Nine Hundred Ten Dollars ($6,910), 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.
C. Card Payment Program. The Consultant may elect to participate in automated credit card
payments provided for by the City and its financial institution. This Program is provided as
an alternative to payment by check and is available for the convenience of the Consultant. If
CONSULTANT SERVICES AGREEMENT - 2
($20,000 or Less)
the Consultant voluntarily participates in this Program, the Consultant will be solely
responsible for any fees imposed by financial institutions or credit card companies. The
Consultant shall not charge those fees back to the City.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which the
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 the 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 the
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 the Consultant’s records or data is not related to this project, it shall be without liability
or legal exposure to the Consultant.
VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or
failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire,
flood, or other natural disaster or acts of government (“force majeure event”). Performance that is
prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both
parties represent to the other that at the time of signing this Agreement, they are able to perform as
required and their performance will not be prevented, hindered, or delayed by the current COVID-19
pandemic, any existing state or national declarations of emergency, or any current social distancing
restrictions or personal protective equipment requirements that may be required under federal, state, or
local law in response to the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the
obligation.
CONSULTANT SERVICES AGREEMENT - 3
($20,000 or Less)
Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the
City shall not be liable for, the payment of any part of the contract price during a force majeure event, or
any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure
event. Performance that is more costly due to a force majeure event is not included within the scope of
this Force Majeure provision.
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Consultant.
VII. 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. The
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.
VIII. INDEMNIFICATION. The 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 the 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 the 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
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 the 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 the 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.
IX. 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.
CONSULTANT SERVICES AGREEMENT - 4
($20,000 or Less)
X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of
the work under this Agreement.
XI. 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. The 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 the Consultant for this project
by anyone other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant.
XII. CITY'S RIGHT OF INSPECTION. Even though the 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.
XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VIII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
CONSULTANT SERVICES AGREEMENT - 5
($20,000 or Less)
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 the 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 the
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
K. Counterparts and Siqnatures bv 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 delivgr the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective onthe 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.
TSI - 228h UPRR G6de Sep z/MadFal
CONSULTANT SERVICES AGREEMENT - 6
($20,000 or Less)
CONSULTANT:
By
Print Name
Its Fr*qr A.*
DATE
CITY OF KENT:
//-t fl.-:.By:
Print Name Chad Bieren, P.E.
Public Works DirectorIts:
DATE
NOTICES TO BE SENT TO:
CONSULTANT:
Victor Salemann
Tra nsportation Sol utions Inc.
16932 Woodinville Redmond Road NE Suite 4206
Woodinville, WA 98072
(425) 883-4134 (telephone)
N/A (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Chad Bieren, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(2s3) 856-5500 (telephone)
(253) 856-6500 (facsimile)
ATTEST:
Kent City Clerk
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: /
For:
Title: F ►its ) Cid9,
Date:
EEO COMPLIANCE DOCUMENTS - 1
EEO COMPLIANCE DOCUMENTS - 2
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 - 3
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: _________________________________________
ScoPe of Work
S 228th Street. UPRR Grade Separation Proiect Support
This scope of work describes the tasks anticipated to be provided by TSI related to the City of Kent's
acquisition of right-of-way in support of the S 228th Street UPRR Grade Separation Project'
Task 1 Project Management
TSI will set up the project and generate up to three monthly invoices including progress reports'
Task 2 Meetings
TSI staff will attend up to 3 virtual meetings to discuss the project
Task 3 Support Resolution of Access Signing for Adiacent Properties
TSI staff will review current access signing proposals, and property owner concerns and with the goal of
developing mutually acceptable access signing solution for the affected parcels located east of the
proposed UPRR grade separation. Services may include plan review, sign development, and field
observations.
Task 4 Prepare Recommendations
TSI will prepare a letter report documenting our findings and recommendations
EXHIBIT A
Transportation Solutions Inc.Fee EstimateCity of KentS. 228th St. UPRR GradeSurtDirect Expenses $Traffic Counts and Video $Ferries and Mileage at IRS rate $Total $ 6,910.00$ 4,280.00$ 1,575.00$$$$ 6,910.00Task Gost$ 350.00$ 70s.004223289TaskHours21ProjectAdmin$115.0018BEngr I$105.00164Sr. CADTech$130.00120Sr. TransEngr$168.50Principal$235.0013I4Totals 16Task(s)Task 1 Project ManagementTask 2 MeetingsTask 3 Evaluate Access Signing AlternativesTask 4 Prepare Recommendations
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $2,000,000 per claim and $2,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
TRANSOL-02--.ACORD"CERTIFICATE OF LIABILITY INSURANCE DATE (MM'DD/YYYYI
6t17t2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE GERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVER,AGE AFFORDED BYTHEPOLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER'
UREDrNs ol endonred.behavemustADDITIONALnADDITIONALprovisionsthetheholdercertificatersINSURED,policy(ies)tfIMPORTANT:statement onAanireendorsement.ofns the certain requmaytheandtermsconditiotoSUROGABTIONspolicy,tf WAIVED,ubject
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952-2661
red comkass
Hartford
PRODUCER
AssuredPartners of Washington, LLG
P.O. Box 847
Redmond, WA 98073
ntinental
Americalers
F:
Transportation Solutions, lnc.
16932 Woodinville Redmond Rd NE, #A-206
Woodinville, WA 98072
INSURED
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MA BEENHAVE BYREDUCED CLAIMS.PAIDFPOLtCtES.SUCH tTsLIM SHOWNoANDEXCLUSIONSNScoNDlTlo
LIMITSPOLICY NUMBERWPE OF INSURANCE
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ANY AUTO
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SCHEDULED
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AUTOMOBILE LIABILITY
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DESCRtpnONOFOpERAT|ONS/LOCATTONS/VEHICLES (ACORDlO',l,Additional Remarksschedule,maybeattachedif morespaceisrequiEd)
RE: the S. 228th ST. UPRR Grade Separation
It is agreed that City of Kent is included as Additional lnsured per attached endorsement.
Gity of Kent
220 4th Avenue South
Kent, WA 98032
I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
@ 1988-2015 ACORD CORPORATION. All rights reserved'
The ACORD name and logo are registered marks of ACORD
ACORD 25 (2016/03)
CTIA s8146932F
(Ed.6-16)
:
-I
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BLANKET ADDITIONAL INSURED
AND
LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILIry COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
TABLE OF CONTENTS
L BlanketAdditionallnsured Provisiong
A. Additional lnsured - Blanket Vendors
B. Miscellaneous Additional lnsureds
G. Additional Provisions Pertinent to Additional lnsured Coveraqe
l Primarv - Noncontributorv provision
2. Definition of "written contract."
ll. Liabilitv Extension Goveraqes
A. Bodilv lniurv - Expanded Definition
B. Broad Knowledqe of Occurrence
C. Estates. Leqal Representatives and Spouses
D. Leqal Liabilitv - Damaqe to Premises
E. Perconal and Advertisinq lniurv - Discrimination or Humiliation
F. Personal and Advertising lniuru - Broadened Eviction
G. Waiver of Subroqation - Blanket
sB146932F (6-16)
Page 1 of 7
I. BLANKET ADDITIONAL INSURED PROVISIONS
A. ADDITIONAL INSURED - BLANKET VENDORS
Who ls An lnsured is amended to include as an additional insured any person or organization (referred to below
as vendor) w1h 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 b.y reason of the
assunipti6n bt tiaOitity in i 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
sulistituti6n if parts under instructions from the manufacturer, and then repackaged in the original
container;
Copyright, CNA All Rights Reserved
CNA s8146932F
(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
ofthe products;
f. Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of the product;
g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container,
part or ingredient of any other thing or substance by or for the vendor; or
h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or
omissioni oi those of its employees or anyone else acting on its behalf. However, this exclusion does not
apply to:
({) 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 Oamrygl' included within the "products-
compieted operations hazard" is excluded either by the provisions of the Policy or by endorsement.
B. MISCELLANEOUSADDITIONAL INSUREDS
1. Who ls An Insured is amended to include as an insured any person or organization (called additional
insured) described in paragraphs 3.a. through 3j. 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 'producls-completed operations
hazard.; But this pdragiadh c. dbes noi apply to the extent coverage for such liability is provided by
paragraph 3j. below.
Any coverage granted by this endorsement shall apply only to the extent permitted by law.
3. Only the following persons or organizations can qualifu as additional insureds under this endorsement:
a. Gontrollinglnterest
Any persons or organizations with a controlling interest in you but only with respect to their liability arising
out of:
(1) such person or organization's financial control of you; or
(2) Premises such person or organization owns, maintains or controls while you lease or occupy these
premises;
provided that the coverage granted to such additional insureds does not apply to structural alterations,
new construction or demolition operations performed by or for such additional insured.
s8146932F (6-16)
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CNA s8146932F
(Ed.6-16)
Go-owner of lnsured 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.
Grantor of Franchise
Any person or organization that has granted a franchise to you, but only with respect to such person or
organization's lia-bility for "bodily injury", "property damage", or "personal and advertising injury" as
grantor of a franchise to you.
Lessor of Equipment
Any person or organization from whom you lease equipment, but only with respecl to liability for "bodily
injury", "property damage" or "personal and advertising injury" caused in whole or in part by your
m-aintenance, operation-or use of such equipment, provided that the "occurrence" giving rise to such
"bodily injuryi' oi "property damage" or the offense giving rise to such "personal and advertising injury"
takes place prior to the termination of such lease.
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 tnat specific part of ine 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
plac6 priorio the t-ermination of such lease. The insurance hereby afforded to the additional insured does
hot apply to structural alterations, new construction or demolition operations performed by, on behalf of or
for such additional insured.
Lessor of Premises
An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, 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 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 additionat iniuied does not apply to structural alterations, new construction or demolition
operations performed by, on behalf of or for such additional insured.
Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee_, assignee, or
receivei'Jliability for "bodily injury", "property damage" or "personal and advertising injury" arising out of
the ownership, maintenance, or use of a premises by you.
This insurance does not apply to structural alterations, new construction or demolition operations
performed by, on behalf of or for such additional insured.
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
c
d.
b.
g.
f
o
N
No
o
oN
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h
s8146932F (6-16)
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CNA s8146932F
(Ed.6-16)
(2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted
by this paragraph does not aPPIY 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
io such perion 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.
i. Other Person or Organization
Any person or organization who is not an additional insured under paragraphs a. through i. above. Such
aOiitionat 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:
(l) 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) lt 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 BUSTNESSOWNERS 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 pririary 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. ls currently in effect or becomes effective during the term of this policy; and
b. Was executed prior to:
s8146932F (6-16)
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CNA sB146932F
(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. lf any
other endorsement attalhed to this policy amends any provision also amended by this endorsement, then that other
endorsement controls with respect to suc-h provision, and the changes made by this endorsement to such provision do
not apply.
A. Bodily lnjury - 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, m6ntit anguish'orhental rnjriry 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 ln 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 "suif 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;
(3) Any manager, if you or an additional insured is a limited liability company;
(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
(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
The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under
this policy; provided, hlowever, coverage is affoided 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 rn'arital iommon property, lointly neld property, or property transferred from such natural person
insure? to such spouse. No coveiage ii pr6vided for any act, error or omission of an estate, heir, legal
representative or spouse outside the stope of such person's capacity as such, provided however that the spouse
of a natural person Named lnsured and the spouses of members or partners of joint venture or-partnership
Named lnsureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named
lnsured's business.
D. Legal Liability - Damage To Premises
1. Under B. Exclusions, l. Applicable to Business Liability Coverage, Exclusion k. Damage To Proper$, 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
perion,'org"nization or entity, foi repair, replacement, enhancement, restoration or maintenance of
s8146932F (6-16)
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CNA s8146932F
(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 {, 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 lnsurance.
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, ,l. Applicable to Business Liability Goverage, the following paragraph is added, and
replaces the similar paragrbpn, if any, beneath paragraph ({4) of the exclusion entitled Personal and
Advertising injury:
Exclusions c, d, e, f, g, h, i, k, l, 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 Z oi fewei conseiutive days. A separate limit of insurance applies to this coverage as described in
Section D. Liability And Medical Expenses Limits Of lnsurance.
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 rentei 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 lnjury - 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)
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CNA s8146932F
(Ed.6-16)
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(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, t. 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, rentil, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured.
(1 6) 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 lnjury - Discrimination or Humiliation) does not apply if
Personal and hdvertising lnjury Liability is excluded either by the provisions of the Policy or by
endorsement.
F. Personaland Advertising lnjury - 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 oi premises that a persorior organization occupies committed by or on behalf of its owner, landlord
or lessor.
G. Waiver of Subrogation - Blanket
We waive any right of recovery we may have against:
a. Any person or organization with whom you have a written contract that requires such a waiver.
All other terms and conditions of the Policy remain unchanged
s8146932F (6-16)
PageT of7
Copyright, CNA All Rights Reserved.
CNA CNASO1O3XX
(0e-14)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AN D NONCONTRIBUTORY.
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COMMON POLICY CONDITIONS
The following is added to Paragraph H. Other lnsurance and supersedes any provision to the contrary:
Primary And Noncontributory lnsurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured
under your policy provided that:
1. The additional insured is a Named lnsured under such other insurance; and
2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek
contribution from any other insurance available to the additional insured.
All other terms and conditions of the Policy remain unchanged
cNA80103XX (09-14)
Page 1 of 1
Copyright, CNA All Rights Reserved. tncludes copyrighted material of lnsurance Services Office, lnc., with its permission
CNA s81469688
(Ed.6-16)
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:
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 COVEMGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. Who ls An lnsured 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
B. The insurance provided to the additional insured is limited as follows:
1. The person or organization is an additional insured only with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf,
in the performance of your ongoing operations specified in the written contract or written agreement; or
c. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or
"property damage" included in the "products-completed operations hazard", and only if:
(1) The written contract or written agreement requires you to provide the additional insured such coverage;
and
(2) This Coverage Part provides such coverage.
2. The Limits of lnsurance applicable to the additional insured are those specified in the written contract or written
agreement or in the Declaiations of this policy, whichever is less. These Limits of lnsurance are inclusive of, and
not in addition to, the Limits of lnsurance 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 oul 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, s-urveys,
field orders, cnange 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. lnspection, supervision, quality control, engineering or architectural services done by you on a project of
which you serve as construction manager.
s81469688 (6-16)
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CNA s8146968B
(Ed.6-16)
to "bodily injury", "property damage" or "personal
work while you are acting as a construction or
4. The insurance provided to the additional insured does not
and advertising injury" arising out of construction or dem
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
BUSTNESSOWNERS 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 lnsured.
3. \Men this insurance is excess, we will have no duty under Business Liability insurance to defend the additional
insured against any "srJit" if any other insurer has a duty to defend the additional insured against that "suit" lf 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 lnsurance
provision and was not bought specifically to apply in excess of the Limits of lnsurance shown in the Declarations
of this Coverage Part.
E. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON
POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following:
2. We waive any right of recovery we may have against any person or organization with whom you have agreed to
waive such righi 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.
s81469688 (6-16)
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CNA
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT GAREFULLY.
AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT)
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
sB-300001-c
(Ed.06/11)
A. For all sums which the insured becomes legally
obligated to pay as damages caused by "occurrences"
under COVERAGE A.1., and for all medical expenses
caused by accidents under COVERAGE A'2'' which
can be attiibuted only to ongoing operations at a single
"project":
1. A separate "Project" General Aggregate limit
applies to each "project." The "Project" General
Aggregate limit is equal to the amount of the
General Aggregate limit shown in the
Declarations.
2. The "Project" General Aggregate limit is the most
we will pay for the sum of all damages payable
under COVERAGE A.1., excePt damages
because of "bodily injury" or "property damage"
included in the "products-completed operations
hazard," and for medical expenses payable under
COVERAGE A.2. regardless of the number of:
a. lnsureds;
b. Claims made or "suits" brought; or
c. Persons or organizations maktng claims or
bringing "suits."
3. Any payments made under COVERAGE A.1. for
damages or under COVERAGE A'2' for medical
expenies shall reduce the "Project" General
Aggregate limit for the applicable "project." Such
payments shall not reduce the General Aggregate
iimit snown in the Declarations nor shall they
reduce any "Project" General Aggregate limit
applicable to other "projects."
4. The limits shown in the Declarations for Liability
and Medical Expenses, Damage to Premises
Rented to You, and Medical Expenses continue to
apply. However, instead of being subject to the
General Aggregate limit shown in the
Declarations, such limits will be subject to the
applicable "Project" General Aggregate limit.
B. For all sums which the insured becomes legally
obligated to pay as damages caused by
"ocdurrences," and for all medical expenses caused by
accidents, which cannot be attributed only to ongoing
operations at a single "project":
1. Any payments made under COVEMGE A'1' for
damages or under COVERAGE A.2. for medical
expenies shall reduce the amount available under
the General Aggregate limit or the
Products/Completed Operations Aggregate limit,
whichever is aPPlicable; and
2. Such payments shall not reduce any "Project"
General Aggregate Iimit.
C. When coverage for liability arising out of the "products-
completed operations hazard" is provided, any
payments for damages because of "bodily injury" or
i'pioperty damage" included in the "producls-
complet6d operations hazard" will reduce the
Products/Completed Operations Aggregate limit, and
not reduce the General Aggregate limit nor any
"Project" General Aggregate limit.
D. lf a "project" has been abandoned, delayed, or
abandoned and then restarted, or if the authorized
contracting parties deviate from plans, blueprints,
designs, specifications or timetables, the "project" will
still be deemed to be the same "project."
E. The provisions of the Limits Of lnsurance section not
otherwise modified by this endorsement shall continue
to apply as stiPulated.
F. The following definition is added to Section F' Liability
and Medical ExPenses Definitions:
"Project" means "your work" at location(s) away from
premises owned or rented to You'
s8-300001-c
(Ed. 06/11)
lncludes copyrighted material of lnsurance services office, lnc., with its permission.
Copyright, lnsurance Services Office, lnc., 2002
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