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HomeMy WebLinkAboutCAG2020-309 - Original - Hoshide Wanzer Architects, PLLC - Green River Watershed Center - 10/02/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: 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? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o 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. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Hoshide Wanzer Architects, PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Hoshide Wanzer Architects, PLLC organized under the laws of the State of Washington, located and doing business at 100 NE Northlake Way, Suite 150, Seattle, WA 98105, Phone: (206) 325-6441, Contact: Will Scales (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 continue to provide design and feasibility study services for the Green River Watershed Center. 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 November 30, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Nine Thousand, Four Hundred Twenty One Dollars and Twenty Five Cents ($29,421.25), 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 (Over $20,000) 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 (Over $20,000) 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 (Over $20,000) 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 (Over $20,000) 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 Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page 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. CONSULTANT SERVICES AGREEMENT - 6 (Over $20,000) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Will Scales Hoshide Wanzer Architects, PLLC 100 NE Northlake Way, Suite 150 Seattle, WA 98105 (206) 325-6441 (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 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk Hoshide Wanzer - GR Watershed Center 2/Valencia-Gica William J. Scales, AIA Principal October 1, 2020 EEO COMPLIANCE DOCUMENTS - 1 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: _________________________________________ Date: _________________________________________ Hoshide Wanzer Architects Principal October 1, 2020 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: _________________________________________ il1,Hoshide Wanzer Architects A Exhibit A: Scope of Work Project: Green River Watershed Center Date: S'eetembeÊ4æ+9 Revised September 21,2020 Note: This proposal has been revised. Work complete as of June 30,2020 is struck out; work remaining to be completed as of July 1,2020 is shown in bold text. I Process The vision for the Green River Watershed Center is to take the winding story of the Green River, weave it into a clear narrative, and develop a design for a physical facility that will tell that story. The specific goal for this project is to identify the audience and stakeholders that will support this facility, draft a mission and vision of sustainable operation that will elicit financial support for construction, and to develop a concept design that will allow an understanding of costs and a glimpse of the possible building, exhibit and landscape design. Following is a proposed four-part strategy for achieving that goal: Discovery Perform market research to determilrt how the Center would fit into the regional context and who would get behind it. Scope of work will include: 1. @Gomplete2. Gap analysis and needs assessment researeh Complete 3. ldentify individuals/erganizatiens that mafbeirterested and perbrm interviews Complete 4. Researeh finaneial eppertunities and eenstrainte fer eapital and eperatienal funding Complete Planning Draft a mission/vision statement and a strategic business plan that will give potential funders the confidence to support a capital campaign. Scope of work will include: 1. Gomplete 2. ¡ae¡l¡tate a werts Complete 3. @Complete Design Use input from key individuals from the Planning phase to develop a conceptual design for the building, the interpretive displays, and the immediate landscape design. Scope of work will include: 1. gêsign+eam+ee+ing Complete 2. Gomplete 3. Gonceptual development of building, exhibit design and landscape 4. Code review and estimate of construction costs Page 1 of 2 Hoshide WanzerArchitects, PLLC. 100 NE Northlake Way, Suite 150 Seattle, WA 98105 I P. 206.325.6441 ltr. www.hw-architects.com B c llrl,Hoshide Wanzer Architects D.Activation Deliver to the Owner a feasibility report that can be used to seek out funding for a complete schematic design effort and eventual capital campaign. Feasibility report will include: 1. A summary of vision, mission, audience and strategic business plan for the lñ ^1 lity 2. A concept design for the building and interpretive exhibits comprised of: o Narrative descriptions of building, interpretive displays and landscap* design o Diagrammatic sitelfloor plan and sketch quality vignettes o Reference imagery to suggest look and feel of design intent 3. A summary of estimated construction and operational costs ll Citv of Suooort Successful execution of these goals will require support from the City of Kent in terms of participation and use of resources. Specific contributions will include: r During the Discovery phase, staff assistance in contacting potential stakeholders using a list of individuals and scripted talking points/questions prepared by the consultant team. Io Technical support in the fonir,of a secure data management system that will support colldsing, storing and sharing the results of interview and other efforts. . Help in understanding the financial rules and restrictions within the City of Kent with regard to fundraising, incentives for participation, and the framework of capital and operational costs. . Graphic support during Planning phase in developing a graphic map capturing and recording information regarding regional context. lll Gonsultant Team A summary of the consultant design team is as follows: o Hoshide Wanzer Architects, PLLC. Architect, team lead and Owner point-of contact. HWA will be present at all meetings, will coordinate the efforts of the consultant team, and will execute building design and cost estimate during the Design phase. ¡ Radiant Consulting. Specialist in Organization assessment, strategic planning, stakeholder engagement and outreach. Radiant will primarily direct the efforts in the Planning and Design phases. ¡ EDX Exhibits. Specialist in interpretive planning, exhibit and graphic design. With experience developing visitor center exhibits across the country, EDX will facilitate the design workshop during the Design phase and draft the conceptual plan for the exhibits at the facility. ¡ Berger Partnership. As Landscape Architects with extensive knowledge of Kent and the immediate environment, Berger will assist with site design, interface with the adjacent levee and parks project, and concept landscape design. lV Final Deliverv Date The final delivery date for the completed Green River Watershed Center Business Plan and Concept Design Package shall be November 20,2020. Page 2 o1 2 Hoshide Wanzer Architects, PLLC. 100 NE Northlake Way, Suite 150 Seattle, WA 981 05 I P. 206.325.6¡t41 W. www.hw-architects.com llt,Hoshide Wanzer Architecls Exhibit B: Fee Breakdown Project: Green River Watershed Center Date: Septemge+-l+,¿g+g Revised September 21,2020 Following is a breakdown of proposed fees for the project. This is organized in accordance with Exhibit A "Scope of Work." Fees will be invoiced monthly on a time & materials basis. Work shall not proceed from one phase to the next without written approval from the Owner. Note: This proposal has been revised. Work complete as of June 30,2020 is struck out; work remaining to be completed as of July 1,2020 is shown in bold text. ARCH ITECTURAL SERVICES (Hoshide Wanzer Arch itects) Discovery Xie*e++eet¡ng @ Planning @ing Design Bes¡gn+eam+/€eting Oesig++ø*s¡ep Concept Design Work Code Review and Cost Estimating Activation Prepare and Deliver Final Report TOTAL HOURS Principal:19.5 hours @ $ 150.00/hour= $ 2,925.00 7.5 hours 8.0 hours 4.0 hours 19.5 hours 8.0 hours 8.0 hours h SU BTOTAL ARCH ITECTU RAL SERVICES REIMBURSABLE EXPENSES Business Development (Radiant Consulting) Exhibit Design Services (EDX Exhibits) Landscape Arch itectu re Services (The Berger Partnersh i p) Reimbursable Printing Costs $ 3,765.00 $ 4,625.00 $ 14,342.00 $ 4,970.00 $ 500.00 s 1.219.25Mark-uo tO 5% SUBTOTAL REIMBURSABLE EXPENSES $ 25,656.25 TOTAL $ 29,421.25 Page 1 of I Hoshide Wanzer Architects, PLLC. 1OO NE Northlake Way, Suite 150 Seattle, WA 98105 I l'. 206.325.6441 W- www.hw-architects.com 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. The City shall be named as an Additional 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. 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 $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The 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 Consultant 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. INSR ADDLSUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Travelers Indemnity Company Travelers Casualty & Surety Co. of Amer 3/31/2020 USI Insurance Services LLC 601 Union Street, Suite 1000 Seattle, WA 98101 206 441-6300 Select NW Region 877 678-5842 610-362-8530 Select@usi.com Hoshide Wanzer Architects, PLLC 100 NE Northlake Way, Suite 150 Seattle, WA 98105 25658 31194 A X X 6807H522438 03/01/2020 03/01/2021 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 A X X 6807H522438 03/01/2020 03/01/2021 1,000,000 A N 6807H522438 WA Stop Gap 03/01/2020 03/01/2021 1,000,000 1,000,000 1,000,000 B Professional Liability 106879259 03/01/2020 03/01/2021 $3,000,000 per claim $3,000,000 annl aggr. The General Liability includes a blanket additional insured endorsement that provides additional insured status to the City of Kent when required by written contract. City of Kent 220 Fourth Ave S Kent, WA 98032 1 of 1 #S28403535/M28284113 HOSHIWANClient#: 331550 SP1ZP 1 of 1 #S28403535/M28284113 POLICY NUMBER EFFECTIVE DATE ISSUE DATE 680-7H522438-19-47 03 / oL/zote 0r/ 24 / 20t9 COMMERCIÀL GENERAL LIABIIJITY (CONTINUED) CG T8 CG T8 CG T8 CG T8 CG D3 cc D4 l_3 04 08 MP T1_ 25 1_l_ 03 cG D3 26 L0 1t_ cG D3 56 05 l_4 cG D3 80 1_0 11 cG D4 2L 07 08 cG D6 l_8 L0 Ll cG D6 75 0l_ l_3 cG D7 46 01 1,5 cG D7 97 01 l_6 0l_ 02 03 04 79 03 19 03 1"9 03 19 03 19 01 r_6 F7 DO Dl- F2 T4 î2 68 76 42 45 78 66 08 i-3 06 93 01 99 07 02 02 90 Ll 03 GENER.A,L PURPOSE ENDORSEMENT GENERÃ,IJ PURPOSE ENDORSEMENT GENERAL PURPOSE ENDORSEMENT GENERÀL PURPOSE ENDORSEMENT ARCHITECTS, ENGINEERS AND SURVEYORS COVERÀGE XTEND ENDORSEMENT ÀMEND COVG , POLLUTION-EQUIP EXCEPTION HIRED ÀUTO AND NON-OVTNED ÀUTO LIABILITY EXCLUSION - UNSOLICTTED COMMUNTCATTON MOBILE EQUIPMENT REDEFINED . EXCLUSION OF VEHTCLES SUB.'ECT TO MOTOR VEHTCLE LÀWS EXCLUSION - ENGINEERS, ÀRCHITECTS OR SURVEYORS PROFESSIONAL LIÀBTLITY ÀIIÍEND CONTRÀL LIÀB EXCL - Exc To NAMED INs EXCLUSION - VTOIJ.A,TION OF CONST'MER FTNANCTAL PROTECT LAWS ÀMEND-WHO IS rNS-ÀRCHTT/ENG/SURVEY ACTIV EXCLUSION - ACCESS OR DTSCLOSURE OF CONFIDENTIAIJ OR PERSONÀL INFORM.A,TION AMENDMENT - OTHER INSURÀNCE CONDITION - ENGINEERS, ARCHTTECTS OR SURVEYORS wÀ cHGs - AMEND LrQ EXCL EX SCHED .?\CTIV EXCLUSION - LEÀD EXCLUSION - DISCRTMTNATTON EXCLUSION - I^IAR - WÀSHINGTON EXCLUSION - ASBESTOS WASHINGTON CHÀNGES - EMPLOYMENT-RELATED PRÀCTICES EXCLUSTON WASHINGTON CHÀNGES - WHO TS AN INSURED LIÀBTLTTY 93 EMPLOYEE BENEFITS LTÀBIIJTTY COVERAGE PART DECLARAT]-6 TABLE OF CONTENTS - EMPLOYEE BENEFITS LTÀBILITY COVERÀGE FORM16 EMpLoyEE BENEFTTs LrÀBrIJrry covERAcE FoRM iï ON CG CG CG CG CG CG cG F4 66 0l_ 08 EMPLOYEE BENEFITS * ccTo0909 cc T0 43 0l_ cG Tl_ 0l- 0l- TONS MUIJTTPLE SUBLTNE ENDORSEMENTS CG D4 CG D4 CG T3 09 04 08 r-9 07 08 33 r_r_ 03 AMENDMENT OF BODTLY TN.JURY DEFINITION ÀMENDMENT OF PRoPERTY DAI\4ÀGE DEFINITIoN LIMIÎÀTION WHEN TWO OR MORE POLICTES APPLY INTERLTNE ENDORSEMENTS rL T3 68 0l_ 15 FEDERÀL TERRORISM RTSK INSURANCE ACT DISCLOSURE X TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE rL T8 01 01 01 PÀGE: 2 OF 3 COMMERCIAL GENERAL LIAIS ILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRI PTION oF covERAGE - This endorsement broadens coverage. However, cove rag for beany injury, damage or medical expenses described in any of the provisions of this endorsement excluded or limited by another endorsement to this Coverage Part, and these coverage broadening NS do not apply to the extent that coverage is excluded or limited by such an end orsement. The following listi isa general coverage description only. Read all the provisions of this endorse ment and the rest of your carefully to determine rights, duties, and what is and is not covered. A. Non-Owned Watercraft - 75 Feet Long Or Less B. Who ls An lnsured - Unnamed Subsidiaries C. Who ls An lnsured - Retired Partners, Members, Directors And Employees D. Who ls An lnsured - Employees And Volunteer Workers - Bodily lnjury To Co-Employees, Co- Volunteer Workers And Retired partners, Members, Directors And Employees E, Who ls An lnsured - Newly Acquired Or Formed Limited Liability Companies F. Ulanket Additional lnsured - Controlling lnterest G. Blanket Additional lnsured Mortgagees, Assignees, Successors Or Receivers PROVISIONS A. NON.OWNED WATERCRAFT 75 FEET LONG OR LESS 1. The following replaces paragraph (2) of Exclusion 9., Aircraft, Auto Or Watercraft, in Paragraph Z. of SECTTON I - COVERAGES _ COVERAGE A _ BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) 75 feet long or less; and (b) Not being used to carry any person or property for a charge; 2. The following replaces paragraph 2.e. of SECTION II - WHO IS AN INSURED: e. Any person or organization that, with your express or implied consent, either H. Blanket Additional lnsured Governmental Entities - Permits Or Authorizations Relating To Premises l. Blanket Additional lnsured Governmr:ntal Entities - Permits Or Authorizations Relating To Operations J. lncidental Medical Malpractice K. Medical Payments - lncreased Limit L. Amendment Of Excess lnsurance Condition -Professional Liability M. Blanket Waiver Of Subrogation - When Reqr.rired By Written Contract Or Agreement N. Contractual Liability - Railroads uses or is responsible for the use watercraft that you do not own that il (11 75 feet long or less; and (2) Not being used to carry any p( or property for a charge; B. WHO IS AN INSURED UNNAIVIED SUBSIDIARIES The following is added to SECTTON il - WHO tS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named lnsured in the Declarations is a Named lnsured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidìary on the first day of the policy period; and ofa rson cG D3 79 02 19 @ 2017 The 'l'ravelers lndemnity Company. All rights reserved.lncludes copyrighted materiar of rnsurancé services office, rnc, with its perm¡ssion, Page '1 of 6 COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section ll - Whols An lnsured, each such subsidiary will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. C. WHO IS AN INSURED - RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to paragraph 2. of SECTION II - WHO IS AN INSURED: Any person who is your retired partner, member, director or "employee" that is performing services for you under your direct supervision, but only for acts within the scope of their employment by you or while performing duties related to the conductof your business. However, no such retired partner, member, director or "employee,' is an insured for: (1) "Bodily injury": (a) To you, to your current partners or members (if you are a partnership or joint venture), to your current members (if you are a limited liability company) or to your current directors; (b) To the spouse, child, parent, brother or sister of that current partner, member or director as a consequence of paragraph (1Xa) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1Xa) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health iare services. I I i Unless you are in the business or occupationof providing professional health care services, Paragraphs (1Xa), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your retired partners, members, directors or "employees", other than a doctor. Any such retired partners, members, directors or "employees" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2) "Personal injury": (a) To you, to your current or retired partners or members (if you are a partnership or joint venture), to your current or retired members (if you a a limited liability company), to your current or retired directors "employees" while in the course of hi or her employment or performi related to the conduct of your or to your other "volunteer ngd S while performi ng duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that current or retired partrrer, member, director, "employee,' or "volunteer worker" as a consequence of Paragraph (2Xa) above; (c) For which there is any obligation to share damages with or repay somec)ne else who must pay damages because: of the injury described in paragraph (2),(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health tare services. (3) "Property damage" to property: (a) Owned, occupied or used by; or (b) Rented to, in the care, custody orof, or over which physical control being exercised for any purpose by; you, any of your retired partners, memb'ersor directors, your current or retired"employees" or "volunteer workers,', any current partner or member (if you are apartnership or joint venture), or any currentmember (if you are a limited liability company) or current director. or busi s, rs" IS Page 2 of 6 O 2017 The Travelers lndemnity Company. All rights reserved.lncludes copyr¡ghted material of lnsurancé services'office,-lnc. with its permission. cG D3 79 02 19 D. WHO IS AN INSURED * EMPLOYEES AND VOLUNTEER WORKERS _ BODILY INJURYTO CO.EMPLOYEES, CO.VOLUNTEER WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2.a.(1) of SECTION II - WHO IS AN INSURED: Paragraphs (1Xa), (b) and (c) above do not apply to "bodily injury" to a current or retired co- "employee" while in the course of the co- "employee's" employment by you or performing duties related to the conduct of your business, orto "bodily injury" to your other "volunteer workers" or retired partners, members or directors while performing duties related to the conduct of your business. E. WHO tS AN TNSURED - NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION II - WHO IS AN INSURED: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named lnsured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end ofthe policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Unt¡l the end of the policy period, when that date is later than 1g0 days after you acquire or form such organization, if you report such organization in writing to us within'180 days after you acquire or form it; b. Coverage A does not apply to ,'bodily injury" or "property damage', that occurred before you acquired or formed the organization; and c. Coverage B does not apply to ,,personal and advertising injury,, arising out of an offense committed before you acquired or formed the organization. For the purposes of paragraph 1. of Sectionll - Who ls An lnsured, each such COMMËRCIAL GENERAL LIAf]I LITY organization will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partn hip, c. A trust; as indicated in its name or the do that govern its structure. F. BLANKET ADDITIONAL INSURED CONTROLLING INTEREST 1. The following is added to SECTTON il - WHO IS AN INSURED: Any person or organization that has fínancial control of you is an insured with respect to liability for "bodily injury", "property damage"or "personal and advertising injury" that arises out of: a. Such financial control; or b. Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural joint venture or limited liability co or alterations, new construction or demo operations performed by or on behalf of person or organization. 2. The following is added to paragraph , SECTIO N II - WHO IS AN INSURED: This paragraph does not apply to premises owner, manager or lessor that financial control of you. a. any; ents lition such 1. of any has G. BLANKET ADDITIONAL INSURED MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION il - WHO tS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreetrentto include as an additional insured on this Coverage Part is an insured, but only with respect to its liability as mortgagee, assignec, successor or receiver for ',bodily injury',, "property damage" or "personal and advertising injury:' that: ls "bodily injury" or "property damage"¡that occurs, or is "personal and advertisino irliurv" caused by an offense that ¡s .o,irlit"ä, I I CG D3 79 02 19 @ 2017 The J'ravelers lndemnity company, Ail rights reserved.lncludes copyrighted materiar of rnsurancó services'office,-lnc. with its jermission.P l Iagel 3of6 COMMERCIAL GENERAL LIABI LITY subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance oruse of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury" or "property damage,' that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury", "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. H. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES _ PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTTON il - WHO tS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement toinclude as an additional insured on this Coverage Part is an insured, but only with respect to liability for ',bodily injury,', "property damage" or "personal and adveriising injury1, arising out of the existence, ownersh-ip, ,rê, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit orauthorization: advertising signs, awnings,canopies, cellar entrances, coal holes,driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION tt - WHO tS AN INSURED: Any governmental entity that has issued a pelmitor authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building cqde or written contract or agreement to include asl an additional insured on this Coverage Part is laninsured, but only with respect to liability lfor "bodily injury", "property damage" or "perso]nal and advertising injury" arising out of s$choperations. I The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising outof operations performed for the governmental entity; or b. Any "bodily injury" or "property damage"included in the "products-completed operations hazard". J. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide ,'incider medical services", first aid or "G< Samaritan services" to a person, unI you are in the business or occupatior providing professional health c servìces. ltal rod ISS of lre 2 The following replaces the last paragrapl"of Paragraph 2.a.(1) of SECTTON il - WHO tS AN INSURED: Unless you are in the business or occupationof providing professional health care services, Paragraphs (1Xa), (b), (c) and (d) above do not apply to ,'bodily injury', arising out of providing or failing to provide:- (a) "lncidental medical services" by any ofyour "employees" who is a nurse,nurse assistant, emergency medical technician, paramedic, athletic trairrer,audiologist, dietician, nutritionist, Page 4 of 6 @ 2017 The Travelers lndemnity Company. All rights reserved.lncludes copyrighted material of lnsurancó services office, lnc. with its permission. cG D3 79 02 19 occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first a¡d or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION lll - LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES - COVERAGE A _ BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEF|NIT|ONS Section: "lncidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to paragraph 4.b., Excess lnsurance, of SECTION lV COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, COMMERCIAL GENERAL LI ILITY that is available to any of your "empl for "bodily injury" that arises out of tng or failing to provide "incidental m services" to any person to the extent not subject to Paragraph 2.a.(1) of Section lt - Who ls An lnsured. K. MEDICAL PAYMENTS _ INCREASED LIMIT The following replaces Paragraph 7. of SECTION III- LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSU CONDITION _ PROFESSIONAL LIABILITY The following is added to Paragraph b., Excess lnsurance, of SECTION COMMERCIAL CONDITIONS: GENERAL LIABI ITY This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is professional Liability or similar coverage, to the extenl the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATIOI\ WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to paragraph 8., Transfer Of Rights Of Recovery Against Others Tc, gs, of SECTION lV - COMMERCTAL GENERAL LIABILITY CONDITIONS: lf the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organizatior], we waive our right of recovery against such p!rson or organization, but only for payments we rhake because of: I a. "Bodily injury" or ,'property damage" ] that occurs; or I b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. E cG D3 79 02 19 @ 2017 The Travelers lndemnity Company. All rights reserved.lncludes copyrighted materiar of rnsurancé services'office, rnc. with its permission Page 5 of 6 COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY - RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreemen| 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 @ 20 17 The Travelers lndemnity Company. All rights reserved.lncludes copyrighted materiar of rnsurancó services'office, rnc. with its permission cG D3 79 19