031-19 - Utility Services Associates, LLC - ContractCITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreernent is made effective as of the 29th day of March 2019, by and between the City of
Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose
address is:
clrY oF PORT ORCHARD, WASHINGTON (hereinafter rhe "cITy')
216 Prospect Street
Port Orchard, Washington 98366
Contact: MayorRobert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
And Utility Services Associates LLC, a limited liability company, organized under the laws of
the State of Washington, doing business at:
UTILITY SERVICES ASSOCI-ATES, LLC
I 9655 ['t Ave South Suite l0l
Seattle, WA 98148
(hereinafter the *CONSULTANT")
Contact: JeffBenjamin Phone: 877.858.LEAK Email: jbenjamin@nrwloss.com
for professional services in connection with the following Project:
Leak Detection Services on Hull Avenue
TERMS AND CONDITIONS
l. Services by Consultant.
A. The Consultant shall perfonn the services described in the Scope of Work attached to this
Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work
without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by
the parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services described in the Scope of Work in accordance
with the tasks identified within Exhibit "A" and the terms of this Agreement. tf delays beyond the
Consultant's reasonable control occur, the parties witl negotiate in good faith to determine whether an
extension is appropriate.
B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
3. Terms. This Agreement shall commence on March 29rh 2019 ("Commencement Date") and
shall terminate April30tb 2019 unless extended or tenninated in writing as provided herein. The
City of Port Orchard and Utility Servtces Assocrates
Professional Service Agreement Contract No. C03 l- l9
U: ENGINEERTNG wA tER Leat Daection20 tqJlult Arc'C0l l- l9-Utilhy Scrviccs .{ssociarcs -Lal Dete(aoo on Hutl Ave doc
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4.
E
tr
City reserves the right to offer hvo (2) one-year extensions prior to contract expiration to
retain the selected company's services.
Compensation.
LUMP SUM. Compensation fbr these services shall be a Lump Sum of $
TIME AND MATERIALS NOT TO EXCEED. Cornpensation for these services shall not
exceed $868.50 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit "A."
TIME AND MATERIALS. Compensation for these services shall be on a time and materials
basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit
OTHER.
5. Payment.
A. The Consultant shall rnaintain time and expense records and provide them to the City
rnonthly after services have been performed, along with monthly invoices in a format acceptable to the
City for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the
salne within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in
dispute, and the parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accourtts pertaining to this Agreernent
available for inspection by City representatives for three (3) years after final payment unless a longer
period is required by a third-party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall
cornply with all federal and state laws applicable to independent contractors, including, but not limited to,
themaintenanceof aseparatesetof booksandrecordsthatreflectall iternsof incomeandexpensesof the
Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by [aw, to
show that the services perfonned by the Consultant under this Agreernent shall not give rise to an
employer-employee relationship between the parties, which is subject to Title 5l RCW, lndustrial
Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant
will correct or modify the work to cornply with the Agreement. The City may withhold payment for such
work until the work meets the requirements of the Agreement.
6. Discrimination and Compliance rvith Larvs
A. The Consultant agrees not to discrirninate against any ernployee or applicant for
ernployment or any other person in the perfonnance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circurnstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
City* of Port Orchard and Urility Services Associates
Professional Service Agreement Contract No. C03 I - I 9
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B. Even though the Consultant is an independent contractor with the authority to contro[ and
direct the perfonnance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the term(s) of this Agreement to the
Consultant's business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the perlormance of such operations.
C. The Consultant shall obtain a City o[ Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds
for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may
result in inetigibility for further work for the City.
7. Relationship of Parties. The panies intend that an independent contractor-client relationship
will be created by this Agreement. As the Consultant is customarily engaged in an independently
established trade which encompasses the specific service provided to the City hereunder, no agent,
employee, representative or sub-consultant of the Consultant shall be or shall be deerned to be the
ernployee, agent, representative or sub-consultant of the City. In the performance of the work, the
Consultant is an independent contractor with the ability to control and direct the performance and details
of the work, the City being interested only in the results obtained under this Agreement. None of the
benefits provided by the City to its employees, including but not limited to compensation, insurance, and
unetnployment insurance, are available from the City to the ernployees, agents, representatives or sub-
consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for
the acts of its agents, employees, representatives and sub-consultants during the performance of this
Agreernent. The City may, during the tenn of this Agreement, engage other independent contractors to
perfonn the satne or sirnilar work that the Consultant performs hereunder.
8. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time
tbr public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for
the benefit of creditors.
B. Termination with cause. This Agreernent may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
C. Riehts Upon Termination.
l. llith or lYithout Cquse. Upon termination for any reason, all finished or
unfinished documents, reports, or other rnaterial or work of the Consultant pursuant to this
Agreement shall be submined to the City, and the Consultant shall be entitled to just and
equitable compensation for any satisfactory work cornpleted prior to the date of termination, not
to exceed the total compensation set forth herein. The Consultant shall not be entitled to any
reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to
anticipated prof,rt on work not performed because of such termination. The Consultant shall use
its best elforts to minimize the compensation payable under this Agreement in the event of such
Cin,of Port Orchard and Utility Services Associates
Prolessional Sen ice Agreement Contract No. C03 I - I 9
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termination. Upon termination, the City rnay take over the work and prosecute the same to
cornpletion, by contract or otherwise.
2. De.foult. tf the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully perfonned. Any extra cost or damage to the City resulting from such default(s) shall be
deducted lrorn any money due or coming due to the Consultant. The Consultant shall bear any
extra expenses incurred by the City in completing the work, including all increased costs for
completing the work, and all damage sustained, or which rnay be sustained, by the City by reason
of such default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be lirnited to the Consultant's reasonable
expenses, and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. [f delivered to the Consultant in person,
tennination shall be effective immediately upon the Consultant's receipt of the City's written notice or
such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be
given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall
indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the
address set forth in Section l5 herein.
9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill
and experience necessary to provide the serv'ices under this Agreement and is appropriately accredited
and licensed by all applicable agencies and governmental entities. Services provided by the Consultant
under this Agreement will be pertbnned in a manner consistent with that degree of care and skill
ordinarily exercised by rnernbers of the same profession currently practicing in sirnilar circurnstances.
10. Orvnership of Work Product
A. All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and rnay be used by the City as it sees fit. Upon tennination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the
Consultant pursuant to this Agreement shall be subrnitted to the City. Any reuse or modification of such
documents, reports or other material or work of the Consultant for purposes other than those intended by
the Consultant in its scope of services under this Agreanent shall be at the City's risk,
B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the sarne extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant's possession or known to it, or is
rightfully obtained by the Consultant frorn third parties, the Consultant shall bear no responsibility for its
disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to
the extent required by law, subpoena or other court order.
I l. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary
and shall be responsible for the safety of its ernployees, agents and sub-consultants in the performance of
the work hereunder, and shall utilize all protection necessary for that purpose, All work shall be done at
City,of Port Orchard and Utility Services Assoaates
Professional Service Agreernent Contract No. C03 I - I 9
U: ENGINEERJI{G W.\TER'Lcak Dctctbn f0l9 Hull AvccOl l -1g-Uriliy Scn ices Associatcs_Lc.k Derccrion on Hull Avc.do<
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the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held by the Consultant for use in connection with the work.
12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
otficials, ernployees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, effors or
omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by
the sole negligence of the City.
Should a court of cornpetent jurisdiction detennine that this Agreement is subject to RCW 4.24.1 15, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property causecl
by or resulting from the conculrent negligence of the Consultant and the Ciry, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent ol the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTHER SPECIFTCALLY AND EXPRESSLY LJNDERSTOOD THAT THE
TNDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER TNDUSTRIAL INSURANCE, TITLE 5I RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
13. Insurance. The Consultant shall procure and maintain for the duration of this Agreemenr,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
A. Minirnurn Scope of lnsurance
consultant shall obtain insurance of the types described berow:
l. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (lSO) form CA 000l or a substitute fonn providing equivalent liabiliry coverage. [f necessary, the
policy shall be endorsed to provide contractual liability coverage.
Commercial General Liabilitv insurance shall be written on ISO occurrence fonn CG
00 0l or a substitute form providing equivalent tiability coverage and shall cover
liability arising flrom premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named by endorsement as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City.
3 Workers'C atlon coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Prctbssienet- Iiabifity- insnrance -appropriar+ro
'l
City of Port Orcharcl and Utiliry- Seruices Assoaates
ProJbssional Senice Agrcement Contract No. C03t-t9
L:ENClliEERlNGWATERLdakDclcction:0lqHull AreC0-rl-1g_UhhDSrn-iccs.{rsociarcs LcalDcetrimonHullAvedoc
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B. Minimum Amounts of [nsurance
Consultant shall maintain the following insurance limits:
l. Automobile Liabilit), insurance with a minimum combined single limit for bodily
injury and property damage of $ 1,000,000 per accident.
2. Commercial General Liabiliw insurance shall be written with limits no less than
S 1,000,000 each occurence, $2,000,000 general aggregate
3. Workers' Cornpensation Employer's Liability each accident $1,000,000, Employer's
Liability Disease each employee S1,000,000, and Employer's Liability Disease -
Policy Lirnit $ 1,000,000.
TGdF\\- 4." fter
C. Other [nsurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Commercial General Liability insurance:
l. The Consulta all be prirnary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
3. The City will not waive its right to subrogation against the Consultant. The
Consultant's insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant's insurance shall be endorsed to waive the
right of subrogation against the City, or any self'-insurance, or insurance pool
coverage maintained by the City.
4. If any coverage is written on a "claims made" basis, then a minirnum of a three (3)
year extended reporting period shall be included with the claims made policy, and
proof of this extended reporting period provided 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:VII.
E. Verification of Coverage
The Consultant shatl fumish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirernents of the Consultant before cornmencetnent of the work.
City of Port Orchard ancl Urility Services Associales
Professional Seruice .4grcetnent Contracl No. C03 I- l9
L- E:\CNEERNG,WA,TER Lcak Daerion,lol9 Hull Ave COl l- 19_l.ltility Scn'ices .{ssocral6_Lcak Dcrcclion on Hull Ave-do('
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14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or
encutnber any rights, duties, or interests accruing from this Agreement without the express prior written
consent of the City, which consent may be withheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the
City shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
CONSULTANT
Utility Services Associates LLC
19655 I't Ave South
Seattle, WA 98148
Phone: 877.585.LEAK
Fax:206.429.3441
16. Resolution of Disputes and Coverning Law,.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall fint be referred to the Mayor, who shalt determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parlies relative to the actual services provided or to the sufficiency of the performance hereunder.
B. [f any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor's determination in a reasonable tirne, or if the
Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. [n any suit or action instiruted to enforce any right granted in this Agreernent, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable
attorneys' fees from the other party.
17. GeneralProvisions.
A. Non-waiver of Breach. The failure of either party to insist upon strict perfonnance of any
of the covenants and agreements contained herein, or to exercise any option herein contained in one or
more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreefirents, or
options, and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modihcation of any of the provisions of this
Agreetnent shall be binding unless in writing and signed by a duly authorized representative of the City
and the Consultant.
C. Severability. The provisions of this Agreernent are declared to be severable. If any
provision of this Agreement is for any reason held by a court of cornpetent jurisdiction to be invalid or
Cit-t of Port Orchard and Utility Servic,es Associates
Professional Semice Agreenent Contract No. C03l - 19
L:: ENGNEERING WATER Lcaft Dctecrion l0l9 tlull Ave COf l-19_(lilit.v Scflices fuseiatc_Leak Det€ction on tlull Are.dos
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unconstirutional. such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreement. The wrinen provisions of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any oflicer or other representstive of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or
altering in any manner whatsoever, the Agreernent or the Agreement documents. The entire agreement
between the parties with respect to the subject tnatter hereunder is contained in this Agreemcnt and the
Exhibits attached hereto, which may or may not have been dated prior to the e.recution of this Agreement.
All of the above documents are hereby made a pan of this Agreernent and tbnn the Agreement document
as fully as if the same were set forth herein. Should any language in any of the Exhibits to this
Agreernent conflict with any language contained in this Agreement. then this Agreement shall prevail.
E. Inteeration. This Agreement and its Exhibit A constitute the entire agreement of
the partics and shall not be amended except by a writing executed by both parlies. [n case of any
conflict between the terms of this Agreemcnt and those of Exhibit A. this Agreement will
control.
IN WITNESS WHERtOF, the parties have executed this Agreement on the day and year set
forth above.
CTTY OF PORT ORCHARD,CONSUT.TANT
w CTON
By
Robert Mayor
ATTEST/
By:
ncarson,MMC
City Clerk
APPROVED AS TO FOR![:
By:
(*
P't trushft
By:
Name:
Title:
Cit-,* of Port Orchonl und L'tili\ fun'ices ,lssociates
Prcfessi ono l Sen ice .lgrum an t Con t ma .Yo. C0 3 I - l 9
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a
EXHIBIT A TL
ASSOCIATES
Le3( Detectien & 5oiutr.rnsMarch 25, 2019
City of Port Orchard
Attn: Tony Lang
1535 Vivian Ct.
Port Orchard, WA 98366
Dear Mr. Lang:
We would like to thank you for this opportunity to submit this proposal for your consideration of a
Water System Proactive Maintenance Leak Detection Program for the City of Port
Orchard, WA.
We advocate furnishing a comprehensive leak survey of the area you designated. This will
maximize our ability to find even smaller leaks.
The focus of this proactive maintenance program will be to survey in areas where leak detection
will be the most effected. These areas include: 1) The oldest areas in the system. 2) Areas
with a history of leaks repairs. 3) Areas where porous soil conditions inhibits leaks from
surfacing.
We specialize in Leak Detection. We are not affiliated with any one manufacturer. Therefore,
we can use whatever equipment and procedures meet your special needs. We constantly
upgrade to the latest technology and methods to provide the most cost-effective service
available. After reviewing information you provided, we are confident we can identify areas of
water, lost through leakage, in the distribution system.
Our experienced Leak Consultants provide the highest degree of professionalism in the
business. Our office staff has been with the company since its inception. We strive to help
clients reduce their non-revenue water loss due to leakage in a cost-effective manner, When
leaks are elirninated, the effects on loss management and conservation will ultirnately outweigh
the initial cost of our service. We are proud of our record with other communities, and suggest
you contact at least a sampling of them to confirm our abilities.
We believe our unique qualifications and the services we can provide make us the best
candidate for successfully fulfilling your leak detection needs. We look fonvard to the
opportunity of assisting you with this important water conservation project. Our quotation and
procedures and rnethods are attached for your review and are incorporated into the proposal,
We thank you for your interest and hope to see you in the near future.
Sincerely,
lefftsenjanin
Jeff Benjamin
Consultant
March 25,2019
City of Port Orchard, WA
PROJECT SPECIFICS
The area we discussed for this leak survey and pinpointing project is 6" Cl distribution pipe.
Valve boxes are mostly accessible for easy contact of our equipment. Non-Revenue Water
(NRW) is currently unknown. lt is understood that pinpointing leaks on private service lines
is not a part of this project. However, we will indicate which service lines are leaking whenever
possible at no extra charge.
PRIC!NG
The following prices are based on information provided to us as described above, Should
actual conditions vary it may be necessary to adjust pricing accordingly.
Description
Water Leak Detection Survey
Mobilization Charges:
Project Total
Unit
hour
QTY
2
Amount
$338.00
There is a minimum of 2 hours for this project. lf more time is required, the hourly rate for the
additional time will be $245.00 per hour. The price wilt not exceed $1,350.00 plus the
Mobilization Charge.
The above is a minimum price and applies only when we are in the area. ln the event services
are desired when we are not in the area or mobilization to the area requires airfare, rental car,
freight, etc., mobilization charges will be negotiated. Any applicable state taxes will be
added when service is performed.
When calculating ourfees for each project, we collect and analyze as much data and
detail about the water system as possible. This allows us to propose a tailored program
designed for each water system with the focus on detecting and pinpointing tLaks
using the most comprehensive and efficient survey possibte for that specific system.
On rare occasions, we start a project only to find out that the system data or system
layout is significantly different than what was proposed. For example, there may be
more PVC than proposed or the water loss is higher than indicated. PVC requirls a
much different methodology than other pipe materials and therefore, the time it takes
to survey PYC is much longer. A higher water loss can mean more leaks and therefore
more time to pinpoint than originally proposed. On some occasions we've been askedto survey small sections of the system, which are not located in a geographically
efficient layout and therefore require considerably more time to complete.
While this can have a negative effect on any project, it has a much bigger impact on
projects that are quoted by the distance (foot, mile, etc.). Since these piolects are tied
to a specific finish date, we may be required to modify or amend the projeCt to a ,,daity"
rate structure, allowing us to complete as much of the proposed work as possible, ln
the original amount of time allotted. ln such a case, we witl simply convert the rateproposed for the linear distance into a daily rate. Such changes witi be in writing and
amended to the contract.
$eniamin
Jeff Benjamin Title
Consultant
Daily rate is based on I hours per day,
Monday through Friday. ln the event an
extension of days or footage is desired while we
are on this project the additional charge will be
at the same ratio as the above schedule. This
project may be extended only if our schedule
permits and upon approval of City of Port
Orchard ln the event a reduction or extension
of days or footage is desired, prior to our arrival
please contact us for a review of the above
pricing
ln order to expedite this project and to make
sure you get the most effective water line
survey for your investment, it will be
necessary for you to supply a hetper at all
times who can assist our Leak Consultant
with information regarding the water system.
A helper will also ensure that no areas are
missed during the survey and all possible
methods are utilized to locate all lines
accurately.
When quotes are based on a fixed price, in
order to expedite the survey, it is necessary that
preparation for service as outlined herein be
adhered to. During the course of the project,if system specifics differ from the
information provided prior to pricing, it may
be necessary to change the scope of the
work in order to meet any time requirements.
When the project is complete the Client will
receive an electronic copy of the final report. lf a
hard copy is required there will be an additional
charge of $25.00 for the first copy and $15.00
for any additional copies. The charge will be
added to your invoice.
The Consultant will provide consulting
services to the Client for a Leak Detec{ion
Project, which, together with the scope of
services to be provided, is described in the
Procedures and Methods, which is attached
hereto and incorporated herein by reference.
It is important to note that not all leaks create
noise levels that can be detected using eventhe most sophisticated leak detection
instrumentation. The Consultant will
perform all work under this contract at the
highest level of professional workmanship in
its industry, however, USA cannot guarantee
the detection of any leak. There is also no
guarantee on pinpointing accuracy due to
the many variables that effect pinpointing.
As such, Client agrses to pay Consultant as
outlined herein.
Should Consultant be required to operate
appurtenances (system valves, services,
hydrants, etc,) Client agrees to hold
Consultant harmless for any damage that
may occur when they are.
lf USA andlor the Customer believes USA's
employees potentially could be exposed to
injury andlor illness, both Parties shall agreeto a wrltten protocol that advises USA's
employees of the following (at a minimum):
. Specific chemical hazards the
Employee may be exposed to, and
. Protective and safety measures the
Employee can use, and
o Steps the Gustomer can take to
reduce the hazards, including;
ventilation, respirators, presence of
another Employee, and emergency
procedures.
CONTRACT TIME - Proposal price shall be held
for 90 days from proposal date,
Mobilization Charges may be adjusted based
upon changes in Airfare or rental car costs.
Prices above do not include any applicable
taxes. The cost of prevailing wage contract
filings will be added to the final invoice.
PAYMENT - USA standard terms are net 30 A
service charge will be assessed on past due or
delinquent accounts at the rate of 1% per month
lf paying with a credit card, Visa or MasterCard, a
convenience fee of 3o/o will be added at the time of
payment.
TERMS
End of Section
( r sr s)
. engra
Utility Services Associates, LLC (hereafter referred to as USA) surveys for and pinpoints
water leaks using the latest in leak detection technology available. We use a sonic leak
detection sound amplification instruments in conjunction with a sensitive transducer to
conduct system surveys. We use various sophisticated equipment from correlators
down to ground microphones to pinpoint system leakage. We have pipe tracing and
box locating equipment available with each mobile unit. Highly trained professionals
operate our equipment. Our Water Loss Consultants undergo an annual audiogram
(hearing test). Detailed Leak Reports with estimated gallons per minute (GPM) are
supplied daily unless othenruise not needed. The USA Water Loss Consultant wil!
discuss this with you prior to beginning the survey. A Final Report is provided on a
monthly basis or at the completion of the project. The report includes an Executive
Summary of the project, Survey Review, Leak Reports with data on each individual leak
with a drawing of its location and a Conclusion.
. Specif cs
A. The first step in our survey is to review the distribution maps of our clients system for
familiarization of the pipe network and available appurtenances (vatves, services,
hydrants, etc.) to be used as contact points. This initial review is helpful in
developing the most efficient survey possible.
B. As the leak survey progresses, USA determines the distance that even quiet leak
sounds travel in various pipe materials, pipe sizes and pressure zones in each area
of the system. This may be done by slightly turning on fire hydrants, hose bibs, etc.,
creating a simulated quiet leak sound. Appurtenances in that area are then checked
with a sound amplification instrument to see how far the simulated leak sound
travels, thus determining how often USA will make contact with appurtenances in
given sections of the water distribution system.
C. USA then conducts a comprehensive survey by making physical contact with
available rnain line appurtenances (valves, hydrants, etc.) and selected customer
services. USA u
for this purpose.
ses a sonlc leak detection sound amplification instrument designed
all available appurtenances.
D. Contact is then made with pipe appurtenances at intervals no greater than 300 feet
where contact points are available and accessible, or at pre-determined distances as
noted in Paragraph B (whichever distance is necessary to obtain comptete
coverage).
When survevin q PVC pipe lines. USA will make contact with
E. When normal contact points are not available or can not be created within a
reasonable distance, as described in Paragraph B, we will make an attempt to use a
sonic ground listening instrument, making physical ground contact at intervals no
greater than 6 feet directly over the pipe. lf conditions do not allow this procedure,
USA Water Loss Consultant will advise our client at time of project and will detail in
the Final Report. lf excessive ambient noise precludes the effectiveness of the
ground listening device in an area during daytime hours, we will schedule this
portion of the survey for nighttime hours. We will pre-approve these situations with
our clients. (Ground listening devices are employed when ground cover is
pavement, cement, or a similar had surface.) Direct contact to the main line at
intervals outlined in Preparation for Service will result in the most thorough survey
possible.
F. When ground cover is not a hard surface, probe rods will be used at 6 feet intervals
when normal contact points are not available (as described in paragraph B). A
sound amplification instrument with 10 V/g or greater (volts per "G") transducer is
used with probe rods. Probe rods will be driven into the ground at a minimum of 6
inches directly over the pipe when ground conditions allow. We will pre-approve
these situations with our clients. lf this can't be done for any reason, we will advise
at the time of the project.
G. lf additional contact points are required to access the pipe with our equipment (in the
event that standard procedures, mentioned above, can't be used) installation of
permanent contact points is recommended, Guidelines will be provided, when
required.
H. USA safety regulations do not allow the Water Loss Consultant to access any
confined space, water lines located in any pit, underneath any facilities, manhole,
vault or other area that may pose a hazard to USA personnel. Only the client's
personnel shal! be allowed, unless othenrvise prohibited by client's safety
regulations, to access such areas, provided such personnel has been properly
trained and equipped to do so. ln such cases, the Water Loss Consultant shall
direct where probes, sensors or other equipment shall be placed. Sections of lines
that cannot be safely accessed will not be surveyed and will be noted as such in the
Final Report. When surveying mobile homes, the skirting must be removed prior to
our arrival to allow shut-off valves to be accessed.
A detailed report of decibel levels at suspected leak sound locations and
observations are compiled during the survey for reinvestigation and possible
pinpointing at a later time. This reinvestigation is to increase the speed of the survey
and will eliminate correlating on most false leak sounds (i.e. service draw).
J. All indications of leaks found during the survey will be verified a second time, after
which the leak shall be pinpointed with a computer based leak sound correlator
whenever possible. Pinpointing leak locations through interpretation of sound
intensity, either by ear, decibel metering or other like methods, is not used when
contact points are available and effective for use with the correlator.
K. The equipment utilized does not normally require valves to be operated during
surveying and pinpointing. However, on occasion, curb stops or valves may need to
be operated to eliminate service draw noises or to change velocity noise. The client
will do operation of appurtenances if required. lf USA is asked to operate any
appurtenances, USA will not be held responsible for any damages that may occur.
L. The correlator equipment used will have the capability to prompt the operator to
input the variables when different pipe sizes and/or pipe materials are encountered
in the same span to be investigated, This is necessary to ensure acouracy of results
based on the automatic computation of the correct leak sound velocity in leak
pinpointing operations. Our correlators have the capability of correlating up to six
different pipe materials or diameters within the selected span. To insure effective
performance in all field environments encountered in your distribution system (i.e.
traffic noise, draw, pump operation, industrial noise, etc.) the correlator equipment
provides 16 auto filter options and/or infinite manual filter option s. A corre ator will
be on site at all times durinq leak detection proiects.
M. Each leak will be classified according to size in gallons per minute (GPM) and
hazard in order to aid in scheduling repairs. lt should be noted that leak
classification is not an exact science. ln spite of the use of the most modern
instrumentation, as well as complete training and experience by our Water Loss
Consultant, it is impossible to determine the exact condition of underground piping
without actually exposing the line. ln view of this limitation, our classification
(including estimated GPM loss) is intended as an aid in scheduling repairs based
upon the information available, the Water Loss Consultant's judgment and site
conditions at the time the leak report is being prepared. Variable factors beyond our
control may alter this classification at any time. Once the leak is exposed for repair,
the client may wish to revise the estimated GPM loss in order to establish a more
accurate estimate of actual water loss for reporting purposes.
Leak Classifications are as follows:
Class 1 Any leak which is hazardous in terms of potential
undermining, possibly resulting in surface collapse,
encroachment andlor damage to nearby utilities, commercial
or private properties or leaks severe enough to warrant
immediate repair.
Class 2.All leaks that display water losses significant enough to be
monitored on a regular repair schedule.
Class 3 Relatively smal! leaks that should be repaired as workload
permits.
N. USA will furnish, to the client, daily Leak Reports and shall also furnish a Final
Report within fifteen (15) business days from end of the project. (For Alaska,
Hawaii, and all overseas projects, please allow twenty-one (21)business days for
Final Report.) The Final Report includes:
1. Executive Summary showing individually recorded time for
pinpointing/correlating, surveying and other time spent on the project. This
summary also includes footage covered (when project is priced by the fooUmile),
estimated gallons per minute (GPD) loss, types of leaks found, quantity of leaks
found and remarks recommending improvements that may be made to the
distribution system.
2. Survev Review explaining the procedures and methods used during this study.
3. Leak Reports with a detailed (computer generated) drawing showing each leak
location that was pinpointed, the type of leak found, classification, approximated
time spent pinpointing, an estimate of the GPM lost, cover type, if leak location
was marked and computer justification when applicable. (This same leak report
(field notes / hand drawn) shal! be supplied daily to the client when leaks are
located. )
O. lf required, USA can modify or design any form to fit the client's needs.
P. Whenever the client repairs any leak detected by USA prior to completion of the field
work, USA shall re-suruey that section of the system to be sure no extremely quiet
leaks were missed due to an over powering noisy leak sound or other variable.
USA will furnish a trained Water Loss Consultant, leak detection instruments, as well
as all necessary equipment and tools to complete the suryey and leak pinpointing.
O. lt is important to note that not all leaks create noise levels that can be detected using
even the most sophisticated leak detection instrumentation. USA will perform all
work at the highest level of professional workmanship in its industry; however, we
cannot guarantee the detection of any leak.
R. The client will need to provide a qualified maintenance person to provide information
to the consultant regarding the system and to Iocated and operate valves, services,
hydrants, etc. throughout the duration of the project. lt is important to ensure that no
portions of the system are inadvertently missed. A client representative is also needed
to provide equipment such as flags, traffic cones, etc. to assist us in meeting local,
state, and federal regulations in controlling vehicular traffic. Heavy traffic areas will be
scheduled for nighttime hours to ensure man and equipment safety as well as reduce
amount of ambient noise. However nighttime work is usually limited to a small part of
the system.
Clean Soil Acceptance Agreement
Before B & C Trucking lnc. can accept any material for deposit on its property this agreement
must be executed. B & C Trucking lnc. requires that this agreement be executed by an owner,
officer or legal representative of your firm (the Company).
By signing this agreement, the signatory party certifies that all material delivered to B & C
Trucking lnc. is clean virgin soil, FREE of any contaminates, which does not contain radioactive
wastes, dangerous or extremely hazardous wastes (as defined by WAC 173-303), hazardous
substances (as defined in WAC L73-340l; petroleum or its by-products, soil removed as part of
any cleanup action ("problem wastes"), demolition waste, wood waste, any other solid waste,
including but not limited to rubbish, ashes, or materials which are not the primary products of
public, private, industria!, agricultura!, commercial or mining operations, or any material
regulated by federal, state or local environmenta! !aws.
B & C Trucking lnc. reserves the right to inspect, sample and/or require the Company
to sample any and all material before accepting the material. This right does not relieve
the
Company of its responsibility to tender only clean soil as defined in the preceding paragraph. Any
material that is not clean soil will be rejected. Removal and disposa! of rejected material is the
sole responsibility of the Company. !f, after acceptance, the materia! is discovered not to be clean
soil, B & C Trucking lnc. will notify the Company. lf requested, the Company must remove the
materia! within 24hours of notification and all other material that has be contaminated by the
material.
The Company agrees to defend, indemnify, hold B & C Trucking lnc. harmless from and
against any and all claims, demands, causes of action, damages, liabilities, losses, expenses,
penalties and all cost of defense relative thereto. lncluding legal fees, caused by or resulting
from the CompanVs breach of this
agreement, specifically including any :an soil'
breach of the Company's obligation to
deliver only clean soil.
Signature:
Print Name:
Owner/Offcer:
Title:
Company:
City, State & Zip:
Date:
R POP ,1
EAL.:
gFwA
Lo
ve
B & C Trucking lnc. Representative:
CERT F CATE OF L AB L TY NSU NCE
CERTIFICATE NUMBER I cLL88L63o7 22COVERAGES REVISION NUMBER:
DATE (MM'DD'YYYY)
4/3/20Le
THIS CERTIFICATE IS ISSUEDASA ATTEROF II{FOR AIOiI O LYAI{D COI{FERS I{O RIGHTS UPOI{ THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES iIOT AFFIRTIATIVELY OR IIEGATN'ELY A E]{O, EXTEI{D ORALTER THE COVERAGE AFFORDEO BYTHE POLICIES
BELOW. THIS CERTIFICATE OF ritSUMt{CE DOES IOT CO STTTUTE A COi|TRACT BETWEE}| THE tSSUtitG rt{SURER(S), AUTHORTZED
REPRESEIITATIVE OR PRODUCER" At{D THE CERTIFICATE HOLDER.
lllPORTAtaI lf thc ce.tlflc.L holdor l! !n ADDITIOiIAL I SURED, the pollcy(h3) must bG GndoEGd. lf SUBROGATIO IS WAIVED, lublcct to
lhe t9]m! rnd condition! ot the policy, ce.hh pollcle. may Equlrr rn ondoEomant A ttrbrDnt on thi. certificlte doe. not confer rightr to lhe
certific.te holder ln lleu ol luch andoi!€1Dn(!1.
PRODUCER
BeII Anderson Agenry, Inc.
500 Sw 39th St, Suite 200
Renton wA 98057
CONTACT
NAME:Patty Sctruermeyer, CPCU
fj3.'n[..",, (42st 29:--s2oo fS. "ot,
({2s) 2s1-s1oo
F-JHE"., pattl's 0 beIl -anderson . com
INSURER(SI AFFORDING COVERAGE NAIC #
|NSURERA:Va11ey Forge Insurance Company 20508
INSURED
UtiJ.ity Senrices Associates, LIC
19555 1st Ave S, Suite 101
Seattle wA 98148
rNsuRERs:Mrtual Of Enumclaw Insurance Companv L476L
rNsuRERc : Continental Casualtv Companv 20443
INSURER D :
INSURER E
INSURER F
THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW TIA\E BEEN ISSUEO TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOO
INDICATEO. NOTWTHSTANDING ANY REQUIREMENT. TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WTiICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALLTHE TERMS,
EXCLUSIONSANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWT{ MAY }IAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE
ADDL
INSD
SUER
IM'D POLICY NUMBER
POLICY EFF
(MM'DTYYYYYI
POLICY EXP
(MM/DD'YYYYI LIMITS
A x COM MERCIAL GENERAL LIABILITY
CLAIMS-MADE x OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER
x PoLrcY E ffsi l-l .o.
84 030 938557 e/L/20L8 9/L/20L9 EACH OCCURRENCE $1,000,000
DAMAGE IO RENIEt]
PREMISES (Ea occunence)$300 ,000
MED EXP (Any one person)$10,000
PERSONAL &ADV INJURY $1,000,000
GENERALAGGREGATE $2,000,000
PRODUCTS. COMP/OPAGG $2, ooo, ooo
$
B AUTOMOBILE LIABILITY
x ANYAUTO
ALL OIINED
AUTOS
SCHEDULED
AUTOS
NON-OW\ED
AUTOSxHIREDAUTOSx
BAPo004 07 904 9/L/2OL8 9/L/2019 COMBINED SINGLE LIMII(Ea accident)$1,000,000
BODILY INJURY (Per person)$
BODILY INJURY (Per accident)$
PROPERTY DAMAGE(Per accident)$
$
c x UMBRELI-A LIAB
EXCESS LIAB
x OCCUR
Ct.AIM$MADE
840345?9014 9/L/2Ot8 9/L/20L9 EACH OCCURRENCE $1 ,000,000
AGGREGATE $1,000,000
DED x RETENTION $10,000 $
A WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORYPARTN ER/EXECUTIVE
OFFICER/MEMBER EXCLUOED?
(Mandatory in NH)
lf yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
N'A
84 030938557
Stop Gap
e/L/20L8 9/L/2Ot9 PER
STATUTE
OTH-
ER
E L EACH ACCIDENT 1,000,000$
E L DISEASE. EA EMPLOYEE $1,000,000
E L DISEASE - POLICY LIMIT $2,000,000
OESCRIPTION OF OPERATIONS, LOCATIONS T\TEHICLES (ACORO l0l, Additionrl Romrrt! Schedule, may be atteched if motr rpace ir rcquircd)
Re: LeaJ< Detection Project.
ltre City of Port Orctrard is additiona] insured per ttre attactred endorsement #SB145932F 0616
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE wlLL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
\"---\il}'
A U TH ORlzED REPRESENTATIVE
Jason Webb/PLS
cpalmer G ci tyofportorchard . us
City of Port Orchard
Attn: Clmdi Pahner
1535 Vivian Ct
Port Orchard, TIIA 98366
1 4
ACORD 25 (2014t011
lNS025 eomol)
The ACORD name and logo are registered marks of ACORD
RD CORPORATION. All rights
CTA
Policy Number: 84030938657
BLANKET ADDITIONAL INSU RED
AND
LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies rnsurance provided under the folloruing:
sB146932F
(Ed.6-16)
BUSINESSO\^NERS LIABILIry COVERAGE FORM
BUSINESSO\ANERS COMMON POLICY CONDITIONS
I. BLANKET ADDITIO INSURED PROVISIONS
A. ADDITIONAL INSURED - BLANKET VENDORS
\Mto ls An Insured is amended to include as an additional insured any person or organization (referred to below
as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to "bodily
injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the
vendor's business, subject to the following additional exclusions:
1. The insurance afforded the vendor does not apply to:
a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the
assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages
that the vendor would have in the absence of the contract or agreement;
b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the product made intentionally by the vendor;
d. Repackaging, _except when unpacked solely for the purpose of inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the-original
container;
s8146932F (6-16)
Page 1 of7
TABLE OF CONTENTS
A. Additional lnsu - Blanket Vendorc
B. Miscellaneo us Additional lnsureds
C. Additional Provisions Pertine nt to Additional lnsured Coveraqe
1. Primarv - Noncontributory provision
2. Definition of "written contract."
l!. Liabilitv Extension Coveraqes
A. Bodilv lniurv -nded Definition
B. Broad Knowledqe of Occurrence
C. Estates. Leoa! Representatives and Spouses
E. Persona! and Advertisinq lniurv - Discrimination or Humiliation
F. Personal and Advertisinq Iniury - Broadened Eviction
G. Waiver of Subroqation - Blanket
Copyright, CNA AllRights Reserued.
l. Blanket Additional lnsured Provisions
D. Leqal Liabilitv - Damaqe to Premises
--
CNA sB146932F
(Ed 6-16)
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make
or normally undertakes to make in the usual course of business, in connection with the distribution or sale
of the products;
t. Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of the product;
g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container,
part or ingredient of any other thing or substance by or for the vendor; or
h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or
omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not
apply to:
(1) The exceptions contained in Subparagraphs d. or f.; or
(21 Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally
undertakes to make in the usual course of business, in connection with the distribution or sale of the
products.
2. This insurance does not apply to any insured person or organization, from whom you have acquired such
products, or any ingredient, part or container, entering into, accompanying or containing such products.
3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and
made a part of this Policy.
4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products-
completed operations hazard" is excluded either by the provisions of the Policy or by endorsement.
B. MISCELLANEOUS ADDITIONAL INSUREDS
1. Who ls An Insured is amended to include as an insured any person or organization (called additional
insured) described in paragraphs 3.a. through 3j. below whom you are required to add as an additional
insured on this policy under a "written contract.":
2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will
not provide the additional insured with:
a. A higher limit of insurance than required by such "written contract";
b. Coverage broader than required by such "written contract" and in no event greater than that described by
the applicable paragraph a. through k. below; or
c. Coverage for "bodily injury" or "property damage" included within the "products-completed operations
hazard;' But this paragraph c. does not apply to the extent coverage for such liability is provided by
paragraph 3j. below.
Any coverage granted by this endorsement shall apply only to the extent permitted by law.
3. Only the following persons or organizations can qualiff as additional insureds under this endorsement:
a. Controlling lnterest
Any persons or organizations with a controlling interest in you but only with respect to their liability arising
out of:
(1) such person or organization's financial control of you; or
(21 Premises such person or organization owns, maintains or controls while you lease or occupy these
premrses;
provided that the coverage granted to such additional insureds does not apply to structural alterations,
new construction or demolition operations performed by or for such additional insured.
s8146932F (6-16)
Page 2 of 7
Copyright, CNA All Rights Reserved
CNA sB146932F
(Ed.6-16)
b. Co-owner of lnsured Premises
A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the
co-owners liability for "bodily injury", "property damage" or "personal and advertising injury" as co-owner
of such premises.
c. Grantor of Franchise
Any person or organization that has granted a franchise to you, but only with respect to such person or
organization's liability for "bodily injury", "property damage", or "personal and advertising injury" as
grantor of a franchise to you.
d. Lessor of Equipment
Any person or organization from whom you lease equipment, but only with respect to liability for "bodily
injury", "property damage" or "personal and advertising injury" caused in whole or in part by your
maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such
"bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury"
takes place prior to the termination of such lease.
e. Lessor of Land
Any person or organization from whom you lease land, but only with respect to liability for "bodily injury",
"property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use
of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily
injury" or "property damage" or the offense giving rise to such "personal and advertising injury", takes
place prior to the termination of such lease. The insurance hereby afforded to the additional insured does
not apply to structura! alterations, new construction or demolition operations performed by, on behalf of or
for such additional insured.
t. Lessor of Premises
An owner or lessor of premises leased to you, or such owner or lesso/s real estate manager, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising
out of the ownership, maintenance or use of such part of the premises leased to you, and provided that
the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such
"personal and advertising injury", takes place prior to the termination of such lease. The insurance hereby
afforded to the additional insured does not apply to structural alterations, new construction or demolition
operations performed by, on behalf of or for such additional insured.
g. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or
receiver's liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of
the ownership, maintenance, or use of a premises by you.
This insurance does not apply to structural alterations, new construction or demolition operations
performed by, on behalf of or for such additional insured.
h. State or Political Subdivisions
A state or government agency or subdivision or political subdivision that has issued a permit or
authorization, but only with respect to such government agency or subdivision or politica! subdivision's
liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of:
(1) The following hazards in connection with premises you own, rent, or controt and to which this
insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs,
awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway
openings, sidewalk vaults, street banners, or decorations and similar exposures; or
(b) The construction, erection, or removal of elevators; or
(c) The ownership, maintenance or use of any elevators covered by this insurance; or
s8146932F (6-16)
Page 3 of 7
Copyright, CNA AllRights Reserved
-
--
CNA
(21 The permitted or authorized operations performed by you or on your behalf. But the coverage granted
by this paragraph does not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations
performed for the state or government agency or subdivision or political subdivision; or
(b) "Bodily injury" or "property damage" included within the "products-completed operations hazard."
\Mth respect to this provision's requirement that additional insured status must be requested under a
written contract", we will treat as a "written contract" any governmental permit that requires you to
add the governmental entity as an additional insured.
i. Trade Show Event Lessor
\Mth respect to your participation in a trade show event as an exhibitor, presenter or displayer, any
person or organization .whom you are required to include as an additional insured, but only with respect
to such person or organization's liability for "bodily injury", "property damage", or "personal and
advertising injury" cause by:
a. Your acts or omissions; or
b. Acts or omissions of those acting on your behalf;
in the performance of your ongoing operations at the trade show premises during the trade show event.
j. Other Person or Organization
Any person or organization who is not an additional insured under paragraphs a. through i. above. Such
additional insured is an insured solely for "bodily injury", "property damage" or "personal and advertising
injury" for which such additional insured is liable because of your acts or omissions.
The coverage granted by this paragraph does not apply to any person or organization:
(1) For "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering
or failure to render any professional services;
(21 For "bodily injury" or "property damage" included in the "products-completed operations hazard." But
this provision (2) does not apply to such "bodily injury" or "property damage" if:
(a) lt is entirely due to your negligence and specifically results from your work for the additional
insured which is the subject to the "written contract"; and
(b) The "written contract" requires you to make the person or organization an additional insured for
such "bodily injury" or "property damage"; or
(3) \Mto is afforded additional insured coverage under another endorsement attached to this policy.
C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE
\Mth respect only to additional insured coverage provided under paragraphs A. and B. above:
1. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the
Condition entitled Other Insurance:
This insurance is excess of all other insurance available to an additional insured whether primary, excess,
contingent or on any other basis. However, if a "written contract" requires that this insurance be either primary
or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to
insurance on which the additional insured is a named insured.
2. Under Liability and Medica! Expense Definitions, the following definition is added.
"Written contract" means a written contract or agreement that requires you to make a person or organization
an additional insured on this policy, provided the contract or agreement:
a. ls currently in effect or becomes effective during the term of this policy; and
b. Was executed prior to:
s8146932F (6-16)
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Copyright, CNA AllRights Reserved
sB146932F
(Ed. 6-16)
CNA sB146932F
(Ed.6-16)
(1) The "bodily injury" or "property damage"; or
(21 The offense that caused the "personal and advertising injury";
for which the additiona! insured seeks coverage.
II. LIABILITY EXTENSION COVERAGES
It is understood and agreed that this endorsement amends the Businessownens Liability Coverage Form. lf any
other endorsement attached to this policy amends any provision also amended by this endorsement, then that other
endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do
not apply.
A. Bodily lnjury - Expanded Definition
Under Liability and Medica! Expenses Definitions, the definition of "Bodily injury" is deleted and replaced by the
following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation,
shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical
injury, sickness or disease.
B. Broad Knowledge of Occurrence
Under Businessowners Liability Conditions, the Condition entitled Duties ln The Event of Occurrence, Offense,
Claim or Suit is amended to add the following:
Paragraphs a. and b. above apply to you or to any additional insured only when such "occurrence," offense, claim
or "suit" is known to:
(1) You or any additional insured that is an individual;
(21 Any partner, if you or an additional insured is a partnership;
(3) Any manager, if you or an additional insured is a limited liability company;
(4) Any "executive office/' or insurance manager, if you or an additional insured is a corporation;
(5) Any trustee, if you or an additional insured is a trust; or
(6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity.
This paragraph applies separately to you and any additional insured.
C. Estates, Legal Representatives and Spouses
The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under
this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only
for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks
damages from marital common property, jointly held property, or property transferred from such natural person
insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal
representative or spouse outside the scope of such person's capacity as such, provided however that the spouse
of a natural person Named lnsured and the spouses of members or partners of joint venture or partnership
Named lnsureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named
lnsured's business.
D. Lega! Liability - Damage To Premises
1. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is
replaced by the following:
k. Damage To Property
"Property damage" to:
1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other
person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of
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CNA sB146932F
(Ed. 6-16)
such property for any reason, including prevention of injury to a person or damage to another's
property;
2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those
premrses;
3. Property loaned to you;
4. Personal property in the care, custody or control of the insured;
5. That particular part of any real property on which you or any contractors or subcontractors working
directly or indirectly in your behalf are performing operations, if the "property damage" arises out of
those operations; or
6. That particular part of any property that must be restored, repaired or replaced because "your work"
was incorrectly performed on it.
Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied,
rented or held for rental by you.
Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or
explosion) to premises:
(1) rented to you:
(2) temporarily occupied by you with the permission of the owner, or
(3) to the contents of premises rented to you for a period ol7 or fewer consecutive days.
A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D -
Liability and Medical Expenses Limits of lnsurance.
Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph 6 of this exclusion does not apply to "property damage" included in the "products-completed
operations hazard."
2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the following paragraph is added, and
replaces the similar paragraph, if any, beneath paragraph (1a) of the exclusion entitled Personal and
Advertising injury:
Exclusions c, d, e, f, g, h, i, k, l, ffi, h, and o, do not apply to damage by fire to premises while rented to you
or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a
period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in
Section D. Liability And Medical Expenses Limits Of lnsurance.
3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liabili$
And Medical Expenses Limits Of lnsurance is replaced by the following:
The most we will pay under Business Liability for damages because of "property damage" to any one
premises, while rented to you or temporarily occupied by you with the permission of the owner, including
contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to
Premises Rented to You limit shown in the Declaration.
E. Perconal and Advertising lnjury - Discrimination or Humiliation
1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is
amended to add the following:
h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only
if such discrimination or humiliation is:
(1) Not done intentionally by or at the direction of:
(a) The insured; or
sB146932F (6-16)
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CNA s8146932F
(Ed. 6-16)
(b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited
liability company) of the insured; and
l2l Not directly or indirectly related to the employment, prospective employment, past employment or
termination of employment of any person or person by any insured.
2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Perconal and
Advertising injury is amended to add the following additional exclusions:
(15)Discrimination Relating to Room, Dwelling or Premises
Gaused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective
sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured.
(1 6) Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment,
past employment or termination of employment of any person by any insured.
(17)Fines or Penalties
Fines or penalties levied or imposed by a governmental entity because of discrimination.
3. This provision (Personal and Advertising lnjury - Discrimination or Humiliation) does not apply if
Personal and Advertising lnjury Liability is excluded either by the provisions of the Policy or by
endorsement.
F. Personal and Advertising lnjury - Broadened Eviction
Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is
amended to delete Paragraph c. and replace it with the following:
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room
dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord
or lessor.
G. Waiver of Subrogation - Blanket
We waive any right of recovery we may have against:
a. Any person or organization with whom you have a written contract that requires such a waiver.
All other terms and conditions of the Policy remain unchanged
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