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HomeMy WebLinkAboutRemoval of Beaver Dams within Mill Creek - Raedeke Inc.CITY OF U%/�0'9 AND �—� WASHINGTON Agreement for Services /� 3 I to -7 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