HomeMy WebLinkAboutRemoval of Beaver Dams within Mill Creek - Raedeke Inc.CITY OF U%/�0'9
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Agreement for Services
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This Agreement is made effective as of OCA-07 i 2014, by and between RAEDEKE
ASSOCIATES, INC ( "RAEDEKE ") and the CITY OF AUBURN ("CITY"). The parties agree as follows:
1. DESCRIPTION OF SERVICES. RAEDEKE agrees to provide the consulting services set forth in the Scope
of Work attached hereto at Exhibit A, by this reference made a part hereof, for the purpose of conducting
professional services for wetlands regulatory analysis.
2. PAYMENT. For services delivered under the Scope of Work, the CITY agrees to pay RAEDEKE a total not
to exceed fee of 53,500 00 pursuant to the project budget (Exhibit B) inclusive of expenses. Notwithstanding its
rate and payment provisions contained in its proposal for services, RAEDEKE understands and agrees that
payments must go through City Council authorization at a regularly scheduled Council meeting and as such,
payment shall only occur after this authorization has been received.
3. EXPENSE REIMBURSEMENT. RAEDEKE shall pay all 'but -of- pocket" expenses, and shall not be
entitled to reimbursement from the CITY except for specific services, items or activities listed in the Scope of
Services as reimbursable goods or services.
4. TERM /TERMINATION.
A. This Agreement is effective upon both parties' signatures, and expires at 11:59 p.m. on Friday,
November 28, 2014, or upon completion of RAEDEKE services, whichever is earlier, unless extended by mutual
agreement prior to the completion of all services.
B. Either party may terminate the Agreement by notifying the other party in writing within seven (7)
days of the intent to terminate. If this Agreement is terminated, CITY shall pay RAEDEKE for all work
performed as of the date of termination.
5. RELATIONSHIP OF PARTIES. RAEDEKE is an independent contractor with respect to the City of
Auburn, and not an employee of the CITY The CITY will not provide fringe benefits, including health insurance
benefits, paid vacation, or any other employee benefit, for the benefit of RAEDEKE.
6. EMPLOYEES. The provisions of this Agreement shall also bind RAEDEKE employees who perform
services for the CITY under this Agreement.
7. INDEMNIFICATION / HOLD HARMLESS. RAEDEKE shall defend, indemnity and hold the CITY, its
officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of RAEDEKE in
performance of this Agreement, except for injuries and damages caused by the sole negligence of the City The
CITY shall defend, indemnify and hold RAEDEKE, its officers, officials, employees and volunteers harmless
from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from
the negligent acts, errors or omissions of the CITY in performance of this Agreement, except for injuries and
damages caused by the sole negligence of RAEDEKE. 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 RAEDEKE and
the City, its officers, officials, employees, and volunteers, (collectively the "Parties ") the Parties' liability
hereunder shall be only to the extent of each Party's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Parties waiver of immunity under Industrial
Insurance, Title 51 RC W, solely for the purposes of this indemnification. This waiver has been mutually
Page 1 of 3
AUBURN* MORE THAN YOU IMAGINED
negotiated by the Parties. The provisions of this section shall survive the expiration or termination of
this Agreement.
8. INSURANCE. RAEDEKE 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 RAEDEKE, its agents, representatives, or employees.
A. Minimum Scope of Insurance: RAEDEKE shall obtain insurance of the types described below
-
I 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 and
personal injury and advertising injury The CITY shall be named as an additional insured
under RAEDEKE's Commercial General Liability insurance policy with respect to the work
performed for the CITY under this Agreement.
3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4 Professional Liability insurance appropriate to RAEDEKE's profession.
B. Minimum Amounts of Insurance: RAEDEKE shall maintain the following insurance limits:
1 Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of 51,000,000 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.
3 Professional Liability insurance shall be written with limits no less than $1,000,000 per claim
and 51,000,000 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 RAEDEKE'S insurance coverage shall be primary insurance as respect to the CITY Any
insurance, self- insurance, or insurance pool coverage maintained by the CITY shall be excess
of RAEDEKE'S insurance and shall not contribute with it.
2. RAEDEKE'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
D. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of
not less than A. V II.
E. Verification of Coverage. RAEDEKE shall furnish 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 RAEDEKE before commencement of the
work.
9. ASSIGNMENT. RAEDEKE's obligations under this Agreement may not be assigned or transferred to any
Page 2 of 3
other person, firm, or corporation without the prior written consent of the CITY
10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed
delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
IF to KAEDEKE.
Raedeke Associates, Inc.
Emmett Pritchard,
Principal/Wetland Ecologist
9510 Stone Avenue North
Seattle, WA 98103
IF to the CITY
Chris Andersen, CFM
Environmental Services Manager
City of Auburn
25 W Main Street
Auburn, WA 98001
Such address may be changed from time to time by either party by providing written notice to the other in the
manner set forth above.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no
other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any
prior written or oral agreements between the parties.
12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is
signed by both parties.
13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of
this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this
Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Agreement.
15. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Washington. Venue for
any court action shall be in King County, Washington.
The undersigned have read the above statements, understand them and agree to abide by their terms.
CITY OF AUBURN
Signed
Date: 0/,4%.,/ ,
Address: 25 West Main Street
Auburn, WA 98001
Phone: 253 -326 -0077
FIRINI NA,-NIE.
Signed: 4� 1 V
Date: ine 1-0�-B ((,1 Zl% IA—
Address: 9510 Stone Avenue North
Seattle, WA 98103
Phone: 206 - 525 -8122
Page 3 of 3
Wetland & Aquatic Science
Wildlife Ecology
Landscape Architecture
September 11, 2014
Mr Chris Andersen
City of Auburn
25 West Main Street
Auburn, WA 98001
RE. Agreement for Professional Services (REVISED)
City of Auburn C Street Property -
Regulatory & Mitigation Considerations
R.A.I. Project #2014- 056 -001
Dear Mr Andersen:
We are pleased to submit the following proposal for biological consulting services for the
above -named project.
The Scope of Services portion of this Agreement is based upon discussions with you and
our understanding of the work needed as of the date of this document. If this scope has
changed, please notify our office immediately so that we can update this Agreement to
reflect the services needed.
In order to authorize work to begin, please sign the attached authorization page, and
return a copy to our office.
Thank you for the opportunity to submit this proposal. We look forward to continuing
our work with you on this project. I f you have any questions you may contact me
directly at (206) 525 -8122 or via email at ernitchard cU,iaedeke.com.
Respectfully submitted,
RAEDEKE ASSOCIATES, INC.
Emmett Pritchard, Principal
Principal /Wetland Ecologist
Attachments
9510 Stone Avenue N Seattle, WA 9s to:; 506- 525 -3122 www.raedeke.conr
RAEDEKE ASSOCIATES, INC.
9510 STONE AVENUE NORTH
SEATTLE, WASHINGTON 98108
(206) 525 -8122
FAX: (206) 526 -2880
Professional Services Agreement
Scope of Services
This document shall serve as an Agreement for Professional Services between Raedeke
Associates, Inc. and the City of Auburn for the project known as:
City of Auburn C Street Property -
Regulatory and Mitigation Considerations
RAI Project #2014- 056 -001
PROJECT LOCATION
The project site is an approximately 21 39 -acre property located at 1401 C Street in the City of
Auburn, Washington Specifically the project site consists of City of Auburn tax parcel
1221049016. The project site is located within Section 12, Township 21 North, Range 4 East,
W.M. The study area for the purpose of this Agreement is described in emails received in this
office from Mr Chris Andersen on August 25, 2014
PROJECT SUMMARY
This Agreement authorizes Raedeke Associates, Inc. to (1) analyze state and federal wetland
and stream, permitting requirements and permit approval timelines to fill approximately 7 acres of
state and federal jurisdictional wetlands and streams within the project site and (2) analyze
mitigation options and approximate mitigation costs for impacts to approximately 7 acres of
wetlands and streams within the project site We would prepare a report presenting our findings.
Our analysis of wetland impacts and mitigation would be based on information provided by the
City of Auburn regarding the extent of wetland(s) within the project site and it's (their) regulatory
rating(s) based on the Washington Department of Ecology Wetland Rating System for Western
Washington. The report is intended to be used for project budgeting and planning purposes but
would not Include Information or analysis of project impacts and mitigation that would likely be
necessary for a site development approval by the City of Auburn or other regulatory agencies that
may have jurisdiction over wetlands and streams within the project site
SCOPE OF WORK
• Project Initiation — This task involves initial correspondence with the City of Auburn and their
consultants, review of project documents, and other background materials.
• Regulatory and Mitigation Analysis — This task provides for analysis of State, and Federal
permit requirements and likely approval timelines for impacts to wetlands and streams, and
also provides for analysis of mitigation options and approximate mitigation costs for
approximately 7 acres of wetland and stream impacts (assumes up to 6 staff - hours).
• Report Preparation: This task provides for preparation of a report and graphics presenting
the findings of our analysis (assumes up to 11 staff - hours).
Project Correspondence: This task covers project correspondence with the City of
Auburn, its consultants, or the U S. Army Corps of Engineers, Washington Department of
Raedeke Associates, Inc. Page 1
Professional Services Agreement — Scope of Service (REVISED) September 11, 2014
City of Auburn C Street Property — Regulatory and Mitigation Considerations 2014- 056 -001
Ecology, Washington Department of Fish and Wildlife, or other agencies that may have an
interest in the project site (assumes up to 2 staff - hours)
Meetings: Meetings, either in person or by phone, are optional and not included as services
covered by this Agreement. If meetings, in person or by phone, are requested by the City of
Auburn, its consultants, or the regulatory agencies, then we will prepare a supplemental
agreement to cover authorization and payment for such services
Project Coordination /Administration: Covers services required to provide typical
coordination with the City of Auburn, its consultants, or others with regard to scheduling,
and information acquisition and to provide in -house administration as necessary during the
course of the project, as appropriate, during the course of conducting the above tasks
(assumes up to 4 staff - hours).
Project Expenses: Expenses include costs for travel, mileage, photocopies, reprographics,
courier services, and other supplies.
COMPENSATION
Raedeke Associates, Inc. will invoice for services on a Time and Materials basis at the rates in
effect at the time of this Agreement
Estimated cost of providing services as described in this Agreement is $3,500.00 Invoices will
reflect costs for actual hours and expenses incurred.
Hourly Rates
Principal
$20500
Associate /Sr Scientist
$16200
Sr Scientist/Planner
$132.00
Staff Scientist /Planner
$116.00
Technical Staff II
$92.00
Technical Staff 1
$85.00
Project/ Contract Administrator
$90.00
Technical/ Admin Support Staff
$70.00
Expenses
Vehicle Mileage $0 56 per mile
Fax $0.50 per page
Photocopies (black & white) $0.10 per page
Prints /plots (8 -1/2 x 11, color) $0.40 per page
Prints /plots (11x17, color) $0.80 per page
Prints /plots (24x36, color) $12.00 per page
The estimated cost is valid for tasks specifically described above. To ensure that needed tasks
are included, please carefully review the Exclusions, Additional Services, and Change Order
sections of this Agreement, if provided Request to perform tasks not included in this Agreement
will result in production of a Change Order for extra fees associated with the completion of the
additional requested tasks and may result in project documents being held until such Change
Order and associated retainer are received. The Client Responsibility section provides details of
Raedeke Associates, Inc. Page 2
Professional Services Agreement — Scope of Service (REVISED) September 11, 2014
City of Auburn C Street Property— Regulatory and Mitigation Considerations 2014- 056 -001
documents or files to be supplied before services can be completed, please review to ensure
compliance with these requirements
CLIENT RESPONSIBILITY
Completion of the services described above is based upon timely receipt from the City of
Auburn of technical reports or documents previously produced for the site. These documents
will be used as background information during the tasks described above
EXCLUSIONS
Additional tasks may become necessary, depending on our findings. However the following
potential future tasks are not included in this Agreement:
1) Delineation of on -site or off -site wetlands or streams or other field investigations;
2) Preparation a wetland assessment, biological evaluation, or conceptual mitigation plan for
future project impacts as part of an application for a development approval;
3) Preparation of permit application documents for submittal to U S. Army Corps of Engineers,
Washington Department of Ecology, Washington Department of Fish and Wildlife, or City of
Seattle;
4) Meetings with the City of Auburn, their consultants, or regulatory agencies;
5) Additional correspondence or project coordination beyond the assumptions specified above.
If these or other tasks not specifically included in this Scope are requested by the City of Auburn,
or assumptions stated in this Agreement are exceeded due to circumstances beyond our control,
we will prepare a separate Agreement or Change Order to provide the additional services.
CHANGE ORDERS
Any requests for services not included in this Agreement, will require a supplemental agreement
to cover authorization and payment for such services.
If the Scope of Services portion of this Agreement does not accurately describe the services
required or is incomplete, please notify the Raedeke Associates, Inc. project manager assigned
to the project upon receipt of this document. Requested meetings will be billed on a time and
materials basis
Raedeke Associates, Inc. Page 3
Professional Services Agreement — Scope of Service (REVISED) September 11, 2014
City of Auburn C Street Property — Regulatory and Mitigation Considerations 2014- 056 -001
RAEDEKE ASSOCIATES, INC.
9510 STONE AVENUE NORTH + SEATTLE, WASHINGTON
(206) 525 -8122 + FAX: (206) 526 -2880
Professional Services Agreement
General Terms and Conditions
ENTIRE AGREEMENT
The Professional Services Agreement is comprised of the General Terms and Conditions,
the Scope of Services and the Agreement for Professional Services Authorization. These
documents constitute the entire Agreement between Raedeke Associates, Inc and the Client
and supersede all prior written or oral understandings. This Agreement, the General Terms and
Conditions, and the Scope of Services may only be amended, supplemented, modified, or
canceled by a duly executed written instrument If any portions of this Agreement are absent
upon presentation to the Client, it is the Client's responsibility to notify Raedeke Associates,
Inc. of the missing portions and secure them before authorizing the Agreement.
AGREEMENT AUTHORIZATION:
Authorization to perform services pursuant to this Agreement may be indicated by signing and
returning the original Agreement for Professional Services Authorization at the end of the
Agreement to Ms Sharon Wright of our staff. Written authorization is needed in order to proceed
with the project.
If written authorization is not received within 60 days of the date of this Agreement, and the work
is verbally authorized to proceed, the project will be subject to performance on a Time and
Material basis in accordance with the fee schedule in effect at the time the work is performed.
Agreements which remain unaccepted 90 days after the Agreement date will be subject to fee
revisions.
PAYMENTS
Invoices are submitted monthly and are due within 30 days of receipt, Payments are to be made
to Raedeke Associates, Inc. as the work progresses. An interest penalty of 1.5% per month will
be charged for all invoices 30 days past due The entire amount billed on this project is to be
paid within 30 days after completion of the project.
OWNERSHIP OF DOCUMENTS:
All reports, data, analysis, photographs, drawings, recommendations or other documents
prepared or purchased by Raedeke Associates, Inc. as instruments of service, are intended
solely for the purposes described within the Professional Services Agreement, and any
authorized Change Orders. All such items will remain the sole property of Raedeke
Associates, Inc. until all payments for services rendered, per the Agreement have been
received by Raedeke Associates, Inc.
In the event of a dispute over payment for services, as described in the Agreement, the Client is
expressly forbidden from using any such items prepared or produced by Raedeke Associates,
Inc. for which remuneration has not been received Any reuse by the Client, or others, for
purposes outside the Agreement without the written permission of Raedeke Associates, Inc.
shall be at the user's sole risk and will constitute a breach of the Agreement.
Raedeke Associates, Inc. Page 1
Professional Services Agreement — General Terms and Conditions September 11, 2014
City of Auburn C Street Property— Regulatory and Mitigation Considerations 2014- 056 -001
LIMITATIONS
It should be recognized that determination of ecological system classifications, functions, values,
and boundaries is an inexact science and different individuals and agencies may reach different
conclusions. With regard to wetlands, the final determination of their boundaries for regulatory
purposes is the responsibility of the various resource agencies that regulate development activity
in wetlands. We cannot guarantee the outcome of such agency determinations. Therefore, the
conclusions of summary letters or technical reports should be reviewed by the appropriate
regulatory agencies prior to any detailed site planning or construction activities.
WARRANTY'
We warrant that the work performed by Raedeke Associates, Inc. shall conform to standards
generally accepted in our field, and will be prepared substantially in accordance with now- current
technical guidelines and criteria The conclusion of summary letters or technical reports
represents the results of our analysis of the Information provided by the project proponents and
their consultants, together with information gathered in the course of the study No other
warranty, expressed or implied is made
ASSIGNMENT'
The following provisions govern assignment of this Agreement.
Permissible Assignments Neither Raedeke Associates, Inc nor the Client may assign this
Agreement without the prior written consent of the other provided, however, that either party
may assign this Agreement to a successor corporation or partnership, a parent company, a
wholly -owned subsidiary corporation, or an entity which controls, is controlled by, or is under
common control with the assigning party, as the case may be
Assumption of Obligations: Because Raedeke Associates, Inc has entered into this
Agreement based upon credit - worthiness of the original Client, in the event the Client wishes to
assign this Agreement, Raedeke Associates, Inc. shall be provided with such reasonable
information concerning the credit- worthiness of such assignee as it may request. Furthermore,
as a condition to its consent to such assignment, Raedeke Associates, Inc. reserves the right to
require amendment of this Agreement to provide additional security and for other purposes. Any
permitted assignee of this Agreement shall agree in writing to personally assume all of the
obligations set forth in this Agreement.
Payment Responsibilities: Raedeke Associates, Inc. will not unreasonably disapprove of a
requested assignment of this Agreement. However, if Raedeke Associates, Inc. does not
consent to an assignment of this Agreement, Client shall remain bound by the terms, conditions
and obligations of this Agreement, including payment for services performed by Raedeke
Associates, Inc hereunder
INSURANCE:
Raedeke Associates, Inc maintains the following insurance
(a) Commercial General Liability (occurrence form), covering bodily Injury and property
damage liability with a minimum limit of $2,000,000 00 per occurrence, $4,000,000.00
products and completed operations aggregate and $4,000,000.00 general aggregate.
Raedeke Associates, Inc. Page 2
Professional Services Agreement — General Terms and Conditions September 11, 2014
City of Auburn C Street Property— Regulatory and Mitigation Considerations 2014 - 056 -001
(b) Comprehensive Automobile Liability covering owned, hired and non -owned vehicles with
limits of $1,000,000.00 for any one accident or loss
(c) Workers Compensation or Industrial Accident insurance providing benefits as required by
law, including Employer's or Stop -Gap Liability with minimum limit of $1,000,000.00 per
accident.
(d) Professional Liability insurance with limits of up to $1,000,000.00 per claim,
$1,000,000 00 aggregate with a $5,000.00 retention for each claim.
Raedeke Associates, Inc will not be responsible for any loss, damage, or liability beyond the
limits of this insurance at the date the claim is made.
Certificates of insurance coverage will be furnished upon request.
Subcontractors of Raedeke Associates, Inc. shall be required to ensure that they have
insurance coverages and endorsements consistent with the above requirements.
RIGHT OF ENTRY'
The Client with whom this Agreement is made is responsible for providing necessary right of
entry to the properties required for the accomplishment of the services defined in the
Professional Services Agreement and any authorized Change Orders. The right of entry shall
allow Raedeke Associates, Inc. employees, its agents or subcontractors to enter the property as
necessary to perform the studies, observations and research necessary to accomplish the agreed
to services.
INFORMATION RESPONSIBILITY
The Client will provide any required information as stated in this Agreement as necessary for the
performance of the services agreed to. This information could include background maps, reports,
surveys, letters, memos, drawings, plans, figures, property description or other material and
information explicitly mentioned as necessary in the Agreement or any authorized Change
Orders. Failure to provide such information and materials in a timely manner consistent with the
project schedule shall result In additional charges above the Agreement amount as needed to
compensate for the late or non - arrival of necessary information or materials.
UNANTICIPATED HAZARDOUS CONDITIONS OR MATERIALS:
The discovery of any unanticipated hazardous conditions or materials may constitute a significant
change In the agreed to scope of work. Raedeke Associates, Inc. shall promptly notify the
Client upon discovery of any unanticipated hazardous conditions or materials In the event the
described unanticipated conditions occur, Raedeke Associates, Inc. is responsible for Initiating
actions required to modify or terminate any applicable contractual agreement between the Client
and Raedeke Associates, Inc.
CONTROLLING LAW
This Agreement is to be governed by Washington law
Raedeke Associates, Inc. Page 3
Professional Services Agreement — General Terms and Conditions September 11, 2014
City of Auburn C Street Property — Regulatory and Mitigation Considerations 2014- 056 -001
INDEMNITY
Raedeke Associates, Inc. shall indemnify and hold harmless the Client from and against all
claims and actions, including all expenses incidental to such claims and actions based on or
arising out of damages and injuries to persons or property caused by the sole negligence of
Raedeke Associates, Inc.
The Client shall indemnify and hold harmless Raedeke Associates, Inc. from and against all
claims and actions, including all expenses incidental to such claims and actions based on or
arising out of damages or injuries to persons or property to the extent such claims and actions are
not caused by the sole negligence of Raedeke Associates, Inc.
The Client agrees that any and all hazardous materials or conditions present at the project site
were not generated, stored, transferred, or disposed of by Raedeke Associates, Inc.
The Client shall indemnify and hold harmless Raedeke Associates, Inc., its employees, agents,
and subcontractors from any and all pollution related claims and actions related to the project site
identified in the Professional Services Agreement and any authorized Change Orders to said
Agreement. Such indemnification shall not apply if Raedeke Associates, Inc. is deemed to be,
by judgment of the court, solely negligent with respect to pollution related claims or actions.
REQUEST FOR SERVICES NOT COVERED By THIS CONTRACT'
In the event that the Client request services not covered by the Professional Services
Agreement, unless a Change Order for these services is requested at the time the services are
requested, the services will be performed on a Time and Material Basis using hourly rates in
effect at that time.
Invoices for these services are subject to all the Terms and Conditions attached to the original
Professional Services Agreement No later document will void this portion of the Professional
Services Agreement. All services requested by the Client will be invoiced and payment will be
subject to the terms of this Agreement
Raedeke Associates, Inc. Page 4
Professional Services Agreement — General Terms and Conditions September 11, 2014
City of Auburn C Street Property— Regulatory and Mitigation Considerations 2014- 056 -001
RAEDEKE ASSOCIATES, INC.
9510 STONE AVENUE NORTH
SEATTLE, WASHINGTON
(206) 525 -8122
FAX: (206) 526-2880
Professional Services Agreement
Authorization to Proceed
To: Mr Chris Andersen
City of Auburn
25 West Main Street
Auburn, WA 98001
Project: City of Auburn C Street Property
Regulatory and Mitigation Considerations
R.A.I. Project #2014-056-001
Estimated Budget: $3,500.00
Date: September 11, 20014
Submitted By- t I�
Richard W Lundquist, M.S
Vice President
Wildlife Biologist
I have read the enclosed Agreement for Professional Services, including the Scope of Services
and the General Terms and Conditions dated September 11, 2014, and hereby authorize
RAEDEKE ASSOCIATES, INC. to proceed with the work outlined or referred to in the above -
named Agreement, in accordance with the terms of this Agreement for Professional Services
Changes made to this Agreement after issuance are not valid unless initialed by a
Principal of Raedeke Associates, Inc.
Approved By-
Signature, Title
Printed Name
Company Name:
Date:
Client # - 1045350
RAEDEASC
ACORD. CERTIFICATE OF LIABILITY INSURANCE
G10 /06/ 014YY)
1 o/osl2ol a
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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Kibble & Prentice,a US[ Co PR
601 Union Street, Suite 1000
Seattle, WA 98101
NTACT
(NAME:
(PHONE 206 441 -6300 FAX 610. 362 -8530
(AIC No EzD: (AA No).
ElAAIL
ADDRESS: pl.certrequest @kpcom.com
INSURER(S) AFFORDING COVERAGE
NAIC 4
INSURER A Phoenix Insurance Company
25623
3131/2014
INSURED Raedeke Associates Inc.
INSURER B Lloyds of London
A85202
oEAACH-
PREMISES EaEOCCUnance )
S1,000,000
9510 Stone Ave. N
INSURER C .
Seattle, WA 98103
INSURER D.
MED UP (Any one person)
$10,000
PERSONAL &ADV INJURY
521000000
INSURER E.
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NIIMRFR-
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 CONTRACTOR 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
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUER
MD
POLICY NUMBER
POLICY EFF
IMMID D/YYYY
POLICY UP
MM/DD/YYYY
LIMITS
A
GENERAL LIABILITY
6809C618626
3131/2014
03/31/2015
OECCCURRENCE
s2,000,000
oEAACH-
PREMISES EaEOCCUnance )
S1,000,000
X COMMERCIAL GENERAL LIABILITY
CI-AIMS-MADE O OCCUR
MED UP (Any one person)
$10,000
PERSONAL &ADV INJURY
521000000
GENERAL AGGREGATE
64,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP /OP AGG
x4,000,000
POLICY D JECT LOC
5
A
AUTOMOBILE
LIABILITY
BA9C619788
3/ 31/ 201403
/31/2015
COMBINED SINGLE LIMIT
Ea acadenl
1,000,000
X
BODILY INJURY(Per person)
5
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY Per accident
( )
$
X
NON-OWNED
HIRED AUTOS X AUTOS
PROPERTY DAMAGE
(Par accidenll
S
UMBRELLA LIAR
OCCUR
EACH OCCURRENCE
$
AGGREGATE
5
EXCESS LIAB
CLAIMS -MADE
DED RETENTIONS
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOWARTNERIE XECUTIVEY/N
OFFICERIMEMBER EXCLUDED? �
NIA
68090618626
WA Stop Gap
3(31(2014
03(31(2015 WC STATU- OTH-
EL EACNACCIDENT
S1,000,000
$1,000,000
(Mandatory in NH)
EL DISEASE -EA EMPLOYEE
0 aa, desvbe under
DESCRIPTION OF OPERATIONS below
EL DISEASE - POLICY LIMIT
51,000,000
B
Professional
W1389C140201
3131/2014
03131/2015 $1,000,000 per claim
Liability
$1,000,000 annl aggr
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space is required)
The General Liability policy includes an automatic Additional Insured endorsement that provides Additional
Insured status to the City of Auburn only when there is a written contract that requires such status, and
only with regard to work performed on behalf of the named insured.
City of Auburn
25 W. Main Street
Auburn, WA 98001
ACORD 25 (2010105) 1 of 1
#S134838461M12418613
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
U 1988 -2018 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
EZGJU
This page has been left blank intentionally-
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to WHO IS AN INSURED
(Section II):
Any person or organization that you agree in a
'contract or agreement requiring insurance" to in-
clude as an additional insured on this Coverage
Part, but only with respect to liability for "bodily in-
jury", "property damage" or 'personal injury"
caused, in whole or in part, by your acts or omis-
sions or the acts or omissions of those acting on
your behalf:
a. In the performance of your ongoing opera-
tions;
It. In connection with premises owned by or
rented to you; or
c. In connection with "your work" and included
within the 'products - completed operations
hazard"
Such person or organization does not qualify as
an additional insured for "bodily injury", "property
damage" or "personal injury" for which that per-
son or organization has assumed liability in a con-
tract or agreement.
The insurance provided to such additional insured
is limited as follows:
It. This insurance does not apply on any basis to
any person or organization for which cover-
age as an additional insured specifically is
added by another endorsement to this Cover-
age Part.
e. This insurance does not apply to the render-
ing of or failure to render any "professional
services"
f. The limits of insurance afforded to the addi-
tional Insured shall be the limits which you
agreed in that "contract or agreement requir-
ing insurance" to provide for that additional
Insured, or the limits shown in the Declara-
tions for this Coverage Part, whichever are
less. This endorsement does not increase the
limits of insurance stated in the LIMITS OF
INSURANCE (Section III) for this Coverage
Part.
B. The following is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
However, if you specifically agree in a "contract or
agreement requiring insurance' that the Insurance
provided to an additional insured under this Cov-
erage Part must apply on a primary basis, or a
primary and non - contributory basis, this insurance
is primary to other insurance that is available to
such additional insured which covers such addi-
tional insured as a named insured, and we will not
share with the other insurance, provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have entered into that "contract or
agreement requiring insurance" But this insur-
ance still is excess over valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the insured
when the insured Is an additional insured under
any other Insurance.
C. The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
In COMMERCIAL GENERAL LIABILITY CON-
DITIONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we make for 'bodily injury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, under
a "contract or agreement requiring insurance" with
that person or organization. We waive these
rights only where you have agreed to do so as
part of the "contract or agreement requiring insur-
ance" with such person or organization entered
into by you before, and in effect when, the "bodily
CG D3 8109 07 0 2007 The Travelers Companies. Inc. Page 1 of 2
Includes the copyrighted material or Insurance Services ice, Inc., with its permission
COMMERCIAL GENERAL LIABILITY
injury" or 'property damage" occurs, or the "per-
sonal injury" offense is committed.
D. The following definition is added to DEFINITIONS
(Section V):
'Contract or agreement requiring insurance"
means that part of any contract or agreement un-
der which you are required to include a person or
organization as an additional insured on this Cov-
erage Part, provided that the "bodily injury" and
"property damage' occurs, and the 'personal in-
jury" is caused by an offense committed:
a. After you have entered into that contract or
agreement;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period
Page 2 of 2 0 2007 The Travelers Companies, Inc. CG D3 8109 07
Includes the copyrighted material of Inwrance Services Office. Inc, vath its permission
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE - ADDITIONAL INSUREDS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROVISIONS
COMMERCIAL GENERAL LIABILITY CONDITIONS
(Section IV), Paragraph 4. (Other Insurance), is
amended as follows:
1. The following is added to Paragraph a. Primary
Insurance:
However, if you specifically agree in a written con•
tract or written agreement that the insurance pro-
vided to an additional insured under this
Coverage Part must apply on a primary basis, or
a primary and noncontributory basis, this insur-
ance is primary to other insurance that is avail-
able to such additional insured which covers such
additional insured as a named insured, and we
will not share with that other insurance, provided
that:
a. The "bodily injury' or "property damage" for
which coverage is sought occurs; and
b. The "personal injury" or "advertising injury" for
which coverage is sought arises out of an of-
fense committed
subsequent to the signing and execution of that
contract or agreement by you.
2. The first Subparagraph (2) of Paragraph b. Ex-
cess Insurance regarding any other primary in-
surance available to you is deleted.
3. The following is added to Paragraph b. Excess
Insurance, as an additional subparagraph under
Subparagraph 11):
That Is available to the insured when the insured
is added as an additional insured under any other
policy, including any umbrella or excess pollcy
CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ARCHITECTS, ENGINEERS AND SURVEYORS
XTEND ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE Provisions A. — T. and V. of this endorsement broaden coverage.
Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage
description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this
endorsement carefully to determine rights, duties, and what is and is not covered.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
Broadened Named Insured
Incidental Medical Malpractice
Reasonable Force — Bodily Injury Or Property
Damage
Non -Owned Watercraft — Increased To Up To 75
feet
Aircraft Chartered With Crew
Extension Of Coverage — Damage To Premises
Rented To You
Malicious Prosecution — Exception To Knowing
Violation Of Rights Of Another Exclusion
Medical Payments Limit
Increased Supplementary Payments
Additional Insured — Owner, Manager Or Lessor
Of Premises
K. Additional Insured— Lessor Of Leased Equipment
L. Additional Insured — State Or Political Subdivi-
sions — Permits Relating To Premises
M. Additional Insured — State Or Political Subdivi-
sions — Permits Relating To Operations
PROVISIONS
A. BROADENED NAMED INSURED
1 The Named Insured in hem 1. of the Com-
mon Policy Declarations is amended as fol-
lows:
The person or organization named in Item 1.
of the Common Policy Declarations and any
organization, other than a partnership, joint
venture, limited liability company or trusL of
which you are the sole owner or in which you
maintain the majority ownership interest on
the effective date of the policy. However,
N. Additional Insured — Architect. Engineer Or
Surveyor
O. Who Is An Insured — Newly Acquired Or Formed
Organizations
P. Who is An Insured — Unnamed Partnership Or
Joint Venture — Excess
Q. Per Project General Aggregate Limit
R. Knowledge And Notice Of Occurrence Or
Offense
S. Unintentional Omission
T. Waiver Of Transfer Of Rights Of Recovery
Against Others To Us When Required By Con-
tract Or Agreement
U. Amended Bodily Injury Definition
V. Amended Insured Contract Definition — Railroad
Easement
W. Amended Property Damage Definition — Tangible
Property
X. Additional Definition — Contract or Agreement
Requiring Insurance
coverage for any such additional organization
will cease as of the date, if any, during the
policy period, that you no longer are the sole
owner of, or maintain the majority ownership
interest in, such organization.
2. This Provision A. does not apply to any per-
son or organization for which coverage is ex-
cluded by another endorsement to this Cov-
erage Part.
B. INCIDENTAL MEDICAL MALPRACTICE
1. The following is added to Paragraph 1 Insur-
Ing Agreement of COVERAGE A BODILY
CG D3 72 09 07 0 2007 The Travel m Conpa:es, Im Pagel of 8
COMMERCIAL GENERAL LIABILITY
INJURY AND PROPERTY DAMAGE LI-
ABILITY In COVERAGES (Section Q:
"Bodily injury" arising out of the rendering of,
or failure to render, 'first aid' or "Good Sa-
madtan services" to a person, other than a
co- "employee' or "volunteer worker", will be
deemed to be caused by an "occurrence"
For the purposes of determining the applica-
ble limits of insurance, any act or omission
together with all related acts or omissions In
the furnishing of the services to any one per-
son will be deemed one "occurrence'
2. As used in this Provision B..
3.
4.
a. 'First aid' means medical or nursing ser-
vice, treatment, advice or instruction; the
related furnishing of food or beverages;
the furnishing or dispensing of drugs or
medical supplies or appliances;
b. "Good Samaritan services" means those
medical services rendered or provided in
an emergency and for which no remu-
neration is demanded or received.
Paragraph 2.a.(1)(d) of WHO IS AN IN-
SURED (Section II) does not apply to any of
your "employees', who are not employed as
a doctor or nurse by you, but only while per-
forming the services described in Paragraph
1 above and while . acting within the scope of
their employment by you. Any such "employ-
ees rendering 'Good Samaritan services"
will be deemed to be acting within the scope
of their employment by you.
The following exclusion is added to Para-
graph 2. Exclusions of COVERAGE A BOD-
ILY INJURY AND PROPERTY DAMAGE
LIABILITY in COVERAGES (Section Q:
Sale of Pharmaceuticals
"Bodily injury or "property damage" aris-
ing out of the willful 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 Insurance provided by this Provision B.
shall be excess over any valid and collectible
other Insurance available to the insured,
whether primary, excess, contingent or on
any other basis, except for insurance pur-
chased specifically by you to apply in excess
of the Limits of Insurance shown In the Decla-
rations for this Coverage Part
C. REASONABLE FORCE — BODILY INJURY OR
PROPERTY DAMAGE
The Expected Or Intended Injury Exclusion in
Paragraph 2. Exclusions of COVERAGE A
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY in COVERAGES (Section 1) is de-
leted and replaced by the following:
Expected Or Intended Injury Or Damage
"Bodily Injury" or "property damage' expected or
intended from the standpoint of the insured. This
exclusion does not apply to "bodily Injury" or
"property damage" resulting from the use of rea-
sonable force to protect any person or property.
D. NON -OWNED WATERCRAFT — INCREASED
TO UP TO 75 FEET
1. The exception contained in Subparagraph (2)
of the Aircraft, Auto Or Watercraft Exclu-
sion In 2. Exclusions of COVERAGE A
BODILY INJURY AND PROPERTY DAM-
AGE LIABILITY In COVERAGES (Section I)
Is deleted and replaced by the following:
(2) A watercraft you do not own that Is:
(a) Less than 75 feet long: and
(b) Not being used to tarty persons or
property for a charge;
2. Only as respects the insurance provided by
this Provision D., WHO IS AN INSURED
(Section II) is amended to include as an in-
sured any person who, with your expressed
or Implied consent, either uses or is respon-
sible for the use of the watercraft.
3. The insurance provided by this Provision D.
shall be excess over any valid and collectible
other insurance available to the insured,
whether primary, excess, contingent or on
any other basis, except for insurance pur-
chased specifically by you to apply in excess
of the Limits of Insurance shown In the Decla-
rations for this Coverage Part
E. AIRCRAFT CHARTERED WITH CREW
1 The following is added to the exceptions con-
tained in the Aircraft, Auto Or Watercraft
Exclusion in Paragraph 2. Exclusions of
COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY in COV-
ERAGES (Section 1):
Aircraft chartered with crew, Including a pilot,
to any insured.
Page 2 of 8 0 2007 The Travelm Companies, Ina CO D3 79 09 07
COMMERCIAL GENERAL LIABILITY
2.
This Provision E. does not apply if the char-
any one premises while rented to you, or
tered aircraft is owned by any Insured.
temporarily occupied by you with permission
3.
The Insurance provided by this Provision E.
of the owner, caused by; fire; explosion; light -
shall be excess over any valid and collectible
ning; smoke resulting from such fire, explo-
other insurance available to the insured,
sion, or lightning; or water. The Damage To
whether primary, excess, contingent or on
Premises Rented To You Limit will apply to
any other basis, except for insurance pur-
all "property damage" proximately caused by
chased specifically by you to apply in excess
the same "occurrence', whether such dam -
of the Limits of Insurance shown in the Decle-
age results from: fire; explosion; lightning;
rations for this Coverage Pert.
smoke resulting from such fire. explosion, or
F EXTENSION OF COVERAGE — DAMAGE TO
lightning; or water; or any combination of any
of these causes.
PREMISES RENTED TO YOU
The Damage To Premises Rented To You
1.
The last paragraph of COVERAGE A BOD.
Limit will be the higher of,
ILY INJURY AND PROPERTY DAMAGE
LIABILITY in COVERAGES (Section 1) is
a. $1.000,000; or
deleted and replaced by the following:
b. The amount shown for the Damage To
Exclusions c. through n. do not apply to dam-
Premises Rented To You Limit in the
age to premises while rented to you, or tem-
Declarations for this Coverage Part
poradly occupied by you with permission of
4. Paragraph a. of the definition of 'insured con -
the owner, caused by,
tract' in DEFINITIONS (Section V) Is deleted
a. Fire;
and replaced by the following:
b. Explosion;
a. A contract for a lease of premises. How-
c. Lightning;
ever, that portion of the contract for a
lease of premises that Indemnities any
d. Smoke resulting from such fire, explo-
person or organization for damage to
sion, or lightning; or
premises while rented to you, or tempo-
a. Water
redly occupied by you with permission of
A separate limit of insurance applies to this
the owner, caused by: fire; explosion;
lightning; smoke resulting from such fire,
coverage as described in LIMITS OF IN-
explosion, or lightning:
9 ng; or water Is not an
SURANCE (Section III).
"Insured contract ";
2.
The insurance under this Provision F does
5. This Provision F does not apply if coverage
not apply to damage to premises while rented
for Damage To Premises Rented To You of
to you, or temporarily occupied by you with
COVERAGE A BODILY INJURY AND
permission of the owner, caused by:
PROPERTY DAMAGE LIABILITY In COV-
a. Rupture, bursting, or operation of pres-
ERAGES (Section 11 Is excluded by another
sure relief devices;
endorsement to this Coverage Part.
b. Rupture or bursting due to expansion or
G. MALICIOUS PROSECUTION — EXCEPTION TO
swelling of the contents of any building or
KNOWING VIOLATION OF RIGHTS OF AN.
structure, caused by or resulting from wa-
OTHER EXCLUSION
ter, or
The following is added to the Knowing Violation
e. Explosion of steam boilers, steam pipes,
Of Rights Of Another Exclusion in 2. Exclu-
steam engines, or steam turbines.
alone of COVERAGE B PERSONAL INJURY,
3.
Paragraph 6. of LIMITS OF INSURANCE
ADVERTISING INJURY AND WEB SITE IN-
(Section 111) is deleted and replaced by the
JURY LIABILITY of the WEB XTEND LIABILITY
following:
Endorsement:
Subject to 5. above, the Damage To Prem-
This exclusion does not apply to "personal Injury"
ises Rented To You Limit is the most we will
caused by malicious prosecution.
pay under Coverage A for the sum of all
damages because of "property damage' to
CG 03 79 89 97 ® 2D07 The Travelm Gorp�s, be Page 3 of 8
COMMERCIAL GENERAL LIABILITY
H. MEDICAL PAYMENTS LIMIT
The Medical Expense Limit shown in the Declara-
tions for this Coverage Part is Increased to
$10,000.
I. INCREASED SUPPLEMENTARY PAYMENTS
Paragraphs 1.b. and 1.d. of SUPPLEMENTARY
PAYMENTS — COVERAGES A AND B in COW
ERAGES (Section Q are amended as follows:
1. In Paragraph 1.b., the amount we will pay for
the cost of bail bonds is Increased to $2500.
2. In Paragraph 1.d., the amount we will pay for
loss of earnings is increased to $500 a day.
J. ADDITIONAL INSURED — OWNER, MANAGER
OR LESSOR OF PREMISES
1. WHO IS AN INSURED (Section II) is
amended to include as an insured:
Any person or organization that you have
agreed in a contract or agreement to include
as an additional insured on this Coverage
Part, but:
a. Only with respect to liability for "bodily in-
jury" or "property damage" that occurs, or
"personal Injury" caused by an offense
committed, after you have entered Into
that contract or agreement: and
b. Only if the "bodily injury", "property dam -
age" or "personal injury" is caused, in
whole or in part, by acts or omissions of
you or any person or organization per-
forming operations on your behalf, and
arises out of the ownership, maintenance
or use of that part of any premises leased
to you under that contract or agreement.
2. The insurance provided to such additional
insured under this Provision J. is subject to
the following provisions:
a. The limits of insurance afforded to such
additional insured shall be the limits
which you agreed to provide in the con-
tract or agreement, or the limits shown in
the Declarations for this Coverage Part,
whichever are less: and
b. The Insurance afforded to such additional
insured does not apply to:
(1) Any "bodily injury" or "property dam-
age" that occurs, or "personal injury"
caused by an offense committed, af-
ter you cease to be a tenant in that
premises:
(2) Any structural alterations, new corn
struction or demolition operations
performed by or on behalf of such
additional insured: or
(3) Any premises for which coverage is
excluded by another endorsement to
this Coverage Part
3. This Provision J. does not apply on any
basis to any person or organization for
which coverage as an additional insured
specifically is added by another en-
dorsement to this Coverage Part.
K. ADDITIONAL INSURED — LESSOR OF
LEASED EQUIPMENT
1 WHO IS AN INSURED (Section II) Is
amended to include as an insured:
Any person or organization that you have
agreed in a contract or agreement to Include
as an additional Insured on this Coverage
Part, but:
a. Onty with respect to liability for "bodily in-
jury" or "property damage" that occurs, or
"personal injury' caused by an offense
committed, after you have entered into
that contract or agreement: and
b. Only If the "bodily injury", "property dam-
age" or "personal Injury" Is caused, in
whole or in part, by acts or omissions of
you or any person or organization per-
forming operations on your behalf, in the
maintenance, operation or use of equip-
ment leased to you by such additional in-
sured.
2. The insurance provided to such additional
Insured under this Provision K. is subject to
the following provisions:
a. The limits of insurance afforded to such
additional insured shall be the limits
which you agreed to provide in the con-
tract or agreement, or the limits shown in
the Declarations for this Coverage Part,
whichever are less: and
b. The insurance afforded to such additional
insured does not apply:
(1) To any "bodily injury" or "property
damage" that occurs, or "personal in-
jury" caused by an offense commit-
ted, after the equipment lease ex-
pires; or
Page 4 of 8 0 2007 The Travdm Companies. Im. CG D3 79 09 07
(2) If the equipment Is leased with an
operator.
3. This Provision K. does not apply on any basis
to any person or organization for which cov-
erage as an additional inured specifically Is
added by another endorsement to this Cov-
erage Part.
L. ADDITIONAL INSURED — STATE OR POLITI-
CAL SUBDIVISIONS — PERMITS RELATING
TO PREMISES
The following is added to Paragraph 2, of WHO
IS AN INSURED (Section II) to Include as an
insured:
Any state or political subdivision that has Issued a
permit in connection with premises owned or oc-
cupied by, or rented or loaned to, you, but orgy
with respect to "bodily Injury', "property damage ",
"personal Injury" or "advertising Injury" arising out
of the existence, ownership, use, maintenance,
repair, construction, erection or removal of adver-
tising signs, awnings, canopies, cellar entrances,
coal holes, driveways, manholes, marquees, hoist
away openings, sidewalk vaults, elevators, street
banners or decorations for which that state or
political subdivision has issued such permit.
M. ADDITIONAL INSURED — STATE OR POLITI-
CAL SUBDIVISIONS — PERMITS RELATING
TO OPERATIONS
The following is added to Paragraph 2. of WHO
IS AN INSURED (Section II) to include as an
Insured:
Any state or political subdivision that has Issued a
permit, but only with respect to "bodily injury",
"property damage ", 'personal injury" or "advertis-
ing injury" arising out of operations performed by
you or on your behalf for which that state or po-
litical subdivision has issued such permit. How-
ever, no such state or political subdivision is an
insured for,
1. "Bodily injury", 'property damage ", "personal
injury" or "advertising injury" arising out of
operations performed for that state or political
subdivision: or
2. "Bodily injury' or "property damage' Included
within the 'products — completed operations
hazard"
COMMERCIAL GENERAL LIABILITY
N. ADDITIONAL INSURED — ARCHITECT, ENGI-
NEER OR SURVEYOR
1 The following Is added to Paragraph 2. of
WHO IS AN INSURED (Section III to include
as an inured:
Any architect, engineer or surveyor engaged
by or for you that you agree in a "contract or
agreement requiring insurance" to Include as
an additional insured on this Coverage Part,
but only with respect to liability for "bodily In-
jury", 'property damage" or 'personal Injury'
that is caused, In whole or in part, by acts or
omissions of you or any person or organiza-
tion acting on your behalf in connection with
your premises or "your work"
2. This Provision N. does not apply on any basis
to any person or organization for which cov-
erage as an additional Insured specifically is
added by another endorsement to this Cov-
erage Part.
0. WHO IS AN INSURED —NEWLY ACQUIRED
OR FORMED ORGANIZATIONS
1. Paragraph 4.a. of WHO IS AN INSURED
(Section II) is deleted and replaced by the
following:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever Is earlier. Any
such newly acquired or formed organiza-
tion that you report In writing to us within
180 days after you acquire or form the
organization will be covered under this
provision until the end of the policy pe-
riod, even if there are more than 180
days remaining until the end of the policy
period;
2. This Provision O, does not apply to any or-
ganization for which coverage is excluded by
another endorsement to this Coverage Part.
P WHO IS AN INSURED —UNNAMED PART -
NERSHIP OR JOINT VENTURE — EXCESS
1. The last paragraph of WHO IS AN INSURED
(Section II) is deleted and replaced by the
following:
No person or organization is an insured with
respect to the conduct of any current or pest
partnership, joint venture or limited liability
company that Is not shown as a Named In-
sured in the Common Policy Declarations.
CG 03 79 09 07 0 2007 TneTravdm Carpwies, Ina Page 5 of 8
COMMERCIAL GENERAL LIABILITY
A
3.
However, this exclusion does not apply to
your liability with respect to your conduct of
the business of any current or past partner-
ship or joint venture:
a. That is not shown as a Named Insured In
the Common Policy Declarations, and
b. In which you are a member or partner
where each and every one of your co-
ventures in that joint venture is an archi-
tectural, engineering, or surveying firm.
This Provision P does not apply to any per-
son or organization for which coverage is ex-
cluded by another endorsement to this Cov-
erage Part.
The Insurance provided by this Provision P.
shall be excess over any valid and collectible
other insurance, whether primary, excess,
contingent or on any other basis, which is
available covering your liability with respect
to your conduct of the business of any current
or past partnership or joint venture that is not
shown as a Named Insured in the Common
Policy Declarations and which is issued to
such partnership or joint venture.
Q. PER PROJECT GENERAL AGGREGATE LIMIT
Paragraph 2. of LIMITS OF INSURANCE
(Section 111) Is deleted and replaced by the
following:
The General Aggregate Limit is the most we
will pay for the sum of:
a. Damages under Coverage B; and
b. Damages from "occurrences" under Cov-
erage A and for all medical expenses
caused by accidents under Coverage C
which cannot be attributed only to opera-
tions at a single "project"
2. The following is added to LIMITS OF IN-
SURANCE (Section Ill:
A separate Per Project General Aggregate
Limit applies to each "project" for all sums
which the Insured becomes legally obligated
to pay as damages caused by "occurrences"
under Coverage A and for all medical ex-
penses caused by accidents under Coverage
C which can be attributed only to operations
at a single "project ", and that limit is equal to
the amount of the General Aggregate Limit
shown in the Declarations for this Coverage
Part
Any payments made under Coverage A for
damages and under Coverage C for medical
expenses shall reduce the Per Project Gen-
eral Aggregate Limit for that 'project", but
shall not reduce:
a. Any other Per Project General Aggregate
Limit for any other 'project";
b. The General Aggregate Limit; or
C. The Products- Completed Operations Ag-
gregate Limit.
The limits shown in the Declarations for this
Coverage Part for Each Occurrence, Dam-
age To Premises Rented To You and Medical
Expense are also subject to the Per Project
General Aggregate Limit when the Per Pro-
ject General Aggregate Limit applies.
3. As used in the Provision Q..
"Project' means an area away from premises
owned by or rented to you at which you are
performing operations pursuant to a contract
or agreement. For the purposes of determin-
ing the applicable aggregate limit of insur-
ance, each "project" that includes premises
involving the same or connecting lots, or
premises whose connection Is interrupted
only by a street, roadway, waterway or right -
of-way of a railroad shall be considered a sin-
gle "project"
R. KNOWLEDGE AND NOTICE OF OCCUR-
RENCE OR OFFENSE
The following is added to Paragraph 2. Duties In
The Event of Occurrence, Offense, Claim Or
Suit of COMMERCIAL GENERAL LIABILITY
CONDITIONS (Section Ii
Notice of an "occurrence" or of an offense which
may result in a claim must be given as soon as
practicable after knowledge of the "occurrence'
or offense has been reported to you, one of your
"executive officers" (if you are a corporation), one
of your partners who is an individual (if you are a
partnership), one of your managers (if you are a
limited liability company), one of your trustees
who is an individual (If you are a trust), or an
"employee" (such as an insurance, loss control or
risk manager or administrator) designated by you
to give such notice.
Knowledge by any other "employee" of an "occur-
rence" or offense does not Imply that you also
have such knowledge.
Page 6 of 8 0 2007 The Travelers Cormwies, Im, CG D3 79 09 07
Notice of an "occurrence" or of an offense which
may result in a claim will be deemed to be given
as soon as practicable to us if it is given in good
faith as soon as practicable to your workers' com-
pensation, accident, or health insurer. This ep-
plles only if you subsequently give notice of the
'occurrence" or offense to us as soon as practi-
cable after you, one of your "executive officers"
(if you are a corporation), one of your partners
who is an individual (if you are a partnership),
one of your managers (if you are a limited liability
company), one of your trustees who is an individ-
ual (if you are a trust), or an "employee' (such as
an insurance, loss control or risk manager or ad-
ministrator) designated by you to give such notice
discovers that the "occurrence" or offense may
involve this policy.
S. UNINTENTIONAL OMISSION
1. The following is added to Paragraph 6. Rep-
resentations of COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section N):
The unintentional omission of, or uninten-
tional error In, any information provided by
you which we relied upon in Issuing this pol-
icy shall not prejudice your rights under this
insurance.
2. This Provision S. does not affect our right to
collect additional premlum or to exercise our
right of cancellation or noarenewal in accor-
dance with applicable Insurance laws or regu-
lations.
T WAIVER OF TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US WHEN
REQUIRED BY CONTRACT OR AGREEMENT
The following Is added to Paragraph 6. Transfer
of Rights of Recovery Against Others to Us of
COMMERCIAL GENERAL LIABILITY CONDI-
TIONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury, "property
damage ", "personal injury" or "advertising injury
arising out oF.
COMMERCIAL GENERAL LIABILITY
4. "Your products'
We waive these rights only where you have
agreed to do so as part of a contract or agree-
ment entered into by you before, and in effect
when, the "bodily Injury" or "property damage"
occurs, or the "personal injury" offense or "adver-
tising injury" offense is committed.
U. AMENDED BODILY INJURY DEFINITION
The definition of "bodily injury" in DEFINITIONS
(Section V) Is deleted and replaced by the follow-
ing:
"Bodily injury" means:
a. Physical harm, including sickness or disease,
sustained by a person;
b. Mental anguish, Injury or Illness, or emotional
distress, resulting at any time from such
physical harm, sickness or disease; or
c. Care, loss of services or death resulting at
any time from such physical harm, sickness
or disease.
V AMENDED INSURED CONTRACT DEFINITION
—RAILROAD EASEMENT
1. Subparagraph e. of the definition of "insured
contract" In DEFINITIONS (Section V) is de-
leted and replaced by the following:
c. Any easement or license agreement;
2. Subparagraph f.(1) of the definition of "in-
sured contract" in DEFINITIONS (Section V)
is deleted.
W. AMENDED PROPERTY DAMAGE DEFINITION
— TANGIBLE PROPERTY
The definition of 'property damage" in DEFINI•
TIONS (Section V) Is deleted and replaced by
the following:
"Property damage" means:
a. Physical Injury to tangible property, Including
all resulting loss of use of that property All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it;
or
1 Premises owned by you, temporarily occu- b. Loss of use of tangible property that is not
pled by you with permission of the owner, or physically Injured. All such loss of use shall
leased or rented to you; be deemed to occur at the time of the "occur-
2. Ongoing operations performed by you, or on
rence" that caused it.
your behalf, under a contract or agreement For the purposes of this Insurance, tangible prop-
with that person or organization; erty does not Include data,
3. "Your work "; or
CG D3 79 09 07 0 2007 The Tmvel n Companies, Inc. Page 7 of 8
COMMERCIAL GENERAL LIABILITY
X. The following definition is added to SECTION V —
DEFINITIONS:
"Contract or agreement requiring insurance
means that part of any contract or agreement
under which you are required to Include a person
or organization as an additional insured on this
Coverage Part, provided that the "bodily Injury"
and "property damage" occurs, and the "personal
injury" is caused by an offense committed:
a. After you have entered into that contract or
agreement;
b. While that part of the contract or agreement
Is in effect; and
c. Before the end of the policy period.
Page 8 of 8 0 2007 The Travelers Cmpardes, Inc CO 03 79 09 07