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HomeMy WebLinkAboutCivilisCITY OF WASHINGTON Agreement for Services R 3, Iko.l This Agreement is made effective as of /V' , 2014, by and between CIVILIS CONSULTANTS/MICHELE REEVES LLC ("CIVILIS") and the CITY OF AUBURN ( "CITY "). The parties agree as follows: 1. DESCRIPTION OF SERVICES. CIVILIS 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 downtown revitalization strategy services. 2. PAYMENT. For services delivered under the Scope of Work, the CITY agrees to pay CIVILIS a total not to exceed fee of 510,000.00 pursuant to Exhibit A inclusive of expenses. Notwithstanding its rate and payment provisions contained in its proposal for services, CIVILIS 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 REINHIURSEMENT. CIVILIS 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 /TEI MINATION. A. This Agreement is effective upon both parties' signatures provided that CIVILIS understands and agrees that funding for this Agreement is from the CITY's 2015/2016 adopted Budget and as such, no billing for services shall occur until alter January 1, 2015. This Agreement expires at 11:59 p.m. on Friday, February 27, 2015, or upon completion of CIVILIS 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 CIVILIS for all work performed as of the date of termination. 5. RELATIONSHIP OF PARTIES. CIVILIS 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 CIVILIS. 6. EMPLOYEES. The provisions of this Agreement shall also bind CIVILIS employees who perform services for the CITY under this Agreement. 7. INDEMNIFICATION / HOLD IiARNILESS. CIVILIS shall defend, indemnify 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 CIVILIS 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 CIVILIS, 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 CIVILIS. 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 CIVILIS and the City, its officers, officials, employees, and volunteers, (collectively the "Parties ") the Parties' liability Page I of 4 AUBURN*, MORE'fl -IAN YOU IMAGINED hereunder shall be only to the extent of each Party's negligence. It is further specifically and expressly understood that the indetmtilication 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 negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. INSURANCE. CIVILIS 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 comtection with the performance of the work hereunder by CIVILIS, its agents, representatives, or employees. A. Minimum Scope of Insurance: CIVILIS shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all non -owned and hired vehicles. Coverage shall be written on Insurance Services Office (ISO) fonn CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Connnercial 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 CIVILIS's Commercial General Liabilitv insurance poliev 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, unless CfVILIS has no employees while this Agreement is in effect. 4. Professional Liability insurance appropriate to CIVILIS's profession. B. Minimum Amounts of Insurance: CIVILIS shall maintain the following insurance limits: L Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 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. CIVILIS'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 CIVILIS'S insurance and shall not contribute with it. 2. CIVILIS'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 cenified 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 I1. Page 2 of 4l E. Verification of Coverage: CIVILIS 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 CIVILIS before corrunencement of the work. 9. ASSIGNMENT. CIVILIS's obligations under this Agreement may not be assigned or transferred to any 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 CIVILIS: Michele E. Reeves Principal Civilis Consultants/Michele Reeves LLLC PO Box 28502 715 NW 1-loyt Street #28502 Portland, OR 97228 IF to the CITY: Kevin H. Snyder, AICP Community Development & Public Works Director 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 mariner 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 Comity, Washington. Page 3 of 4 The undersigned have read the above statements, understand them and agree to abide by their terms. Page 4 of 4 CITY OF AUBURN CIVILIS CONSULTANTS Signed: / w Signed: Date: L Date: Address: 25 West Main Street Address: 715 NW Hoyt Street, #28502 Auburn, WA 98001 Portland, OR 97228 Phone: 253 -326 -0077 Phone: 503- 867 -8465 Page 4 of 4 presented to City of Auburn,Washington CMIEs C 0 N S U L T A N T 5 CNILIS CONSULTANTS PO Box 28502 715 NW Hoyt St #28502 Portland, OR 97228 503.867.8465 michele@civilisconsultants.com SCOPE OF WORK AND TIMELINE Proposed Scope of Work JAN 21st — TRAVEL /SECRET SHOPPER. Consultant will drive to Auburn in the morn- ing and conduct a secret shopper review of the downtown in the afternoon in order to obtain impressions as a neutral, outside visitor. Additionally, Consultant will use this time to capture images in the day and evening. JAN 22123rd— TOURS /TECHNICAL ASSISTANCE. On the morning of January 22nd, Consultant and a small group of downtown supporters will tour the downtown to inform Consultant and answer questions about downtown. For the balance of time on these two days, Consultant and the City of Auburn will develop a mutually acceptable schedule of appointments for technical assistance with businesses and property own- ers, strategic meetings with city staff and electeds, and educational /informational walk- ing tours with stakeholder groups in the day and evening. (Please note, these days will not exceed 8 hours of work per day, including lunch.) JAN 24th — SUMMIT /TRAVEL. A summit will be held on the 24th, bringing together various stakeholder groups in Auburn, with a particular focus on the business com- munity. This summit will include a presentation by Consultant and a feedback exercise for attendees. Presentation: Building Blocks of Great Downtowns. This talk will illuminate the stages districts go through as they improve economically and will high- light what every business and property owner should be doing right now to improve sales per square foot in downtown. The focus of this presentation will be on short-term wins and leveraging existing strengths in the community. Feedback Exercise: I Like /I Wish/What If. Consultant will prompt attendees to answer these three questions about downtown in writing before Consultant's speech, and then lead a small group discussion for stakeholders to share and prioritize their answers to these questions after Consultant's speech. Consultant will travel back to Portland following the summit. JAN 26th -FEB 6th — WORKSHOP ANALYSIS AND MEMO. Consultant will tran- scribe data from flip charts and review raw data on worksheets and prepare a memo of findings to be emailed to the City of Auburn in PDF format. WEEK OF FEB 9th —WRAP UP CALL. Phone discussion with the City of Auburn at a mutual acceptable time to review findings from the summit workshop. Estimated Timeline This work will be completed on or before February 13, 2015. CIVIIES Page 3 December 9, 2014 Kevin Snyder, AICP Community Development & Public Works Director City of Auburn Community Development & Public Works Department Auburn, WA Dear Kevin, I am very excited about making my way north to collaborate with you in Auburn! I have quite enjoyed brainstorming what this visit will comprise. Per our discussions, I have included a four day itinerary that would include driving to Au- burn and back, secret shopper time, one -on -one meetings and focused technical assis- tance, a presentation, and a workshop delving into stakeholder perceptions about down- town. Two days of this program would be implemented in flexible blocks of time for one -on -one assistance, tours, and meetings, as determined by the City of Auburn. As always, the goal will be to help both the public and private sector identify where they have achievable, short-term opportunities to improve economic output, optimally leveraging the existing col- lection of strengths present in the community. Please let me know if you have questions and /or refinements! Sincerely, Nftfiele E. Reeves Principal CIVIIES Page 2 FEE SCHEDULE SCOPE OF WORK. Consultant will bill their day rate ($1,400.00) for each day in Au- burn (4 days). For Preparation and Analysis, consultant anticipates a) an amount not to exceed (NTE) 7 hours to prepare /rehearse presentation and prepare materials for I Like /I Wish/What If Exercise; and b) an amount not to exceed 10 hours to transcribe workshop data, analyze data, write up a memo, and conduct a final phone call regard- ing I Like /I Wish/What If. Total Preparation and Analysis hours are NTE 17 and will be billed at $175 /hour. CONSULTING DAYS: $5,600.00 PREP WORK NTF $2, 975.00 TRAVEL EXPENSES. Consultant will be reimbursed for the cost of a round trip Zipcar from Portland, OR to Auburn WA, hotel for 3 nights (including wifi and parking), a per diem of $56 /day for four days, and any parking charges while in downtown Auburn. At current pricing, travel expenses estimate to roughly $1,000. TRAVEL EXPENSES: REIMBURSED Additional work beyond the scope outlined above that is requested by the City of Auburn in writing will be billed by Consultant at $175 /hour. RESPONSIBILITIES CONSULTANT. Consultant will bring speech on a thumb drive in .pptx format, provide a short scribe /moderator training for the workshop, and collaborate to set the agenda for the tours /technical assistance in the scope of work. CITY OF AUBURN. Provide meeting space. Drive attendance. Provide a volunteer scribe /moderator, flip chart, and easel for every 6 -8 attendees. Provide marker pens for flip charts. Provide an a/v setup that includes projector, laptop /computer with a ver- sion of PowerPoint that can run .pptx files, remote control, and a screen /wall. City will test a short sample presentation sent by Consultant to ensure that the images on the computer screen are accurately rendered by the projector in terms of color and detail. (Because the lessons of revitalization are largely visual, Consultant will be sharing a lot of real world case study examples, including very striking before and after photos. If the a/v system is not sufficient to accurately render photographs, these lessons will be lost.) CrvII165 Page 4 AcoR ®� CERTIFICATE OF LIABILITY INSURANCE �� DATE 12/18/2014 2/18I2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 endomement(s). PRODUCER Keelson Partners 707 SW Washington, Suite 625 Portland OR 97205 -3536 yo .NT Julia Cary PRONE 11, (503)226 -1422 F N4;I50]1316 -2f B6 E-LIAILSS, 7 cary @keel a on. corn INSURER(SI AFFORDING COVERAGE NAIC9 INSURER A-Sentinel Insurance Compary 11000 INSURED Michele Reeves, LLC, DBA: Civilis Consultants 1310 NW Naito Parkway Suite 303 Portland OR 97209 1 INSURER a-Federal Insurance Company 20281 INSURER C- INSURER O: INSURER E: S 1,000,000 INSURERF: X COMMERCIAL GENERAL L IABILITY COVERAGES CERTIFICATE NUMBER:2014 GLAD 8 PROF REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE A V POLICY NUMBER POLICY EFF !.V,IIOD POLICY FZP WIDD LIMITS GENERALLIABIUTY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL L IABILITY PREMISES E. c c ante S 11000,000 A CLAIMS -MADE ❑X OCCUR 52 SB.SITX2946 /9/2C14 2/9/2015 MED EXP (Any one ere,) S 10,000 FERSONAL B ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'LACGREGAI E LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG S 2,000,000 S X POLICY PRO LOC IFCT 1:1 AUTOMOBILE LIABILITY COMBINEOI S INGLE LIMIT 1 000,000 BODILY INJURY IPer Pesonl S A ANY AUI O ALL OV44ED F-1 SCHEDULED AUTOS AUTOS 52SBMT142946 /9/2014 /9/2015 BODILY INJURY (Per 9c -,C.T) S PPar c DAMAGE par S X HIRED AUTOS X AUTOS S UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS UAB CLAIMS -MADE DIED I I RETENTIONS S WORKERS COMPENSATION I VJC STATU- OTH- CRY AND EMPLOYERS' LIABILITY YIN ANY PROPRICTOUP.4RTNERIEXECL'TIVE❑ E.L. EACH ACCIDENT $ IM OFFICEREMDER EXO! UOED? NIA 161andawry In NHI E.L. DISEASE • EA EMEL OYE 5 E.L. DISEASE - POLICY LLV.R 3 Y yes Wsvlbe under DESCRIPTION Or OPERATIONS belay B Professional Liability 82345919 /9/2014 /9/2015 JCH CLAIM 1,000,000 ANNUAL AGGREGATE 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES IAltaclr ACORD 101, Additional Remarks Schedule, if more space 13 required) City of Auburn is included as Additional Insured regarding General Liability per form SS0008. iU141RP City of Auburn 25 W Main Street Auburn, WA 98001 ACORD 25 (2010/05} INS025(20I015),01 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 Jackson /JTILTA (C196$ -ZU10 AGVKU GUHFL) AIIUIN. All rlgnts reserve0. The ACORD name a ^.d loco are recistered ,marks of A.Cean (b) Rented to, in the case, custody or control of, or over which physical control is being exercised for any purpose by you, any of your 'employees', "volunteer workers ", any partner or member (if ycu are a partnership or joint venture), or any member (if you are e limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker "), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal rep:esentatfve if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e, Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to in or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Form ed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. 'However: 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, and BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) 'Personal and advertising injury" arising cut of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organizafion for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co "employee" of the person driving the equipment; or I "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who Is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to :hat person or organization for this liability. However, no person or organization is an insured tvi:h respect to: a. "Bodily injury' to a co- "employee" of the person operating the watercraf% or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or 'the employer of any person who is an insured under this provision. 5. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organizaticn(s) identified in Paragraphs a. through f. below are ada.rucrai insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of tie permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled o, used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages, the vendor; or a. Vendors (h) "Bodily injury" or "property damage' a rising out of the sole Any person(s) or organization(s) (referred to negligence Of the vendor its below as vendor), but only with respect to own acts or omissions or those e of "badly injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting an its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury' or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products - completed operations hazard ". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions- undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage' for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of wham you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "p damage" or in the product made intentionally n "personal and d a advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, excep`, when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions ^.om the manufacturer, and then repackaged in the original container, Page 12 of 24 Form SS 00 08 04 05 (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises: or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury', "property damage' or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. (a) In connection with your premises; or (b) In the perormance of your ongoing operations per-formed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, Meld orders. change orders, designs or drawings and specifications,- or (b) Supervisory, inspection, architectural or engineering activities. BUSINESS LIABILITY COVERAGE FORM e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) 'Bodily injury" or "property damage" included within the 'Products- completed operations hazard ". f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or `personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with 'your work" and included within the "oroducts- completed operations hazard ", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage to, 'bodily injury" or "property damage" included within trig "products - completed operations hazard ". (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional.,, architectural, engineering or surveying-' services, including: Form SS 00 08 04 05 Page 13 of 24