HomeMy WebLinkAboutFramework Cultural Placemaking ( Platform LLC ) - Downtown Pasco Master Plan PROFESSIONAL SERVICES AGREEMENT
{FRAMEWORK}
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereina$er referred to as "City", and {FRAMEWORK}., hereinafter
referred to as"Consultant,"on the ZB�`` day of J u Ly , 20?,��\
RECITALS
WHEREAS,the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills,training,equipment, and otlier supportive capabilities;and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience,equipment,and necessary capabilities,including:technical and professional expertise,
when required,to perform the services and/or tasks as set forth in this Agreement upon which the
City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein,the parties agree as follows:
1. ScoRe of Services. The Consultant shall petform such services and accomplish such tasks,
including the furnishing of all labor,materiais, facilities and equipment necessary for full
performance thereof, as identified and designated as Consultant's Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in[Exhibit A],attached hereto and incorporated herein{the"ProjecY').
2. Term. This Project shall begin on the execution date listed above and promptly be
completed by 04/29/2022.
3. Comaensation and Pavment.
3.1 Payment for services provided hereunder shall be made following the performance
of such services. Such payment shall be full compensation for woric performed or
services rendered, and for a11 labor,materials,supplies, equipment, and incidentals
necessary to complete the Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
issued. Payment shall occur within thirty(30) days of receipt and approval of an
invoice.
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3.4 The City shall pay khe Consultant for all work performed and expenses incurred
under this Agreement, as follows.
❑ Hourly(Single Rate): $ per hour plus actual expenses incurred
as provided under this Agreement, but not to exceed a total of
$ without prior written authorization by the City; or
❑ Houriy (Multiple Rate): Such rates as identified on [Exhibit No./Letter],
plus actual expenses incurred as provided under this Agreement,but not to
exceed a totai of$ without the prior written authorization by
the City; or
6�7 Fixed Sum: A total of�_110,000.00
❑ Other:
4. Re orts and Ins ections.
4.1 The Consultant at such times and in such forms as the City may require, shall '
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall,at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant's activities. The City may,
at its discretion, conduct an audit at its expense, using its own or outside auditors,
of the Consultant's activities which relate,directly or indirectly,to this Agreement.
Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration docutnents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request,the Consultant shall deliver to the City copies of these licenses,registration
documents,and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which suff'iciently and
properly reflect all direct and indirect costs related to the performance of this
Agreement,and shal�maintain such accounting procedures and practices as may be
necessary to assure proper accounting of all funds paid pursuant to this Agreement.
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These records shall be subject, at all reasonable times, to inspection, review, or
audit as provided above.
4.5 The Consultant shall retain all books,records,documents or other material relevant
to this Agreement for three(3)years after its expiration. Consultant agrees that the
City, or its designee, shall have fizll access and right to examine any of said
materials at all reasonable times during this period.
5. Qwnershin and dJse of Documents.
5.1 All research,tests,surveys,preliminary data,information,drawings and documents
made, collected,or prepared by the Consultant for performing the services subject
to this Agreement, as well as any final product, collectively referred to as "work
product,"shall be deemed as the exclusive property of the City,including copyright
as secured thereon. Provided, however, that the Contractor may use copies of the
final versions of the work product that it creates pursuant to this contract for its
portfolio and publicity purposes so long as the work product does not reflect the
City's confidential information. Consultant may not use them except in connection
with the performance of the services under this Agreement or with the prior written
consent of the City. Any prior copyrighted materials owned by the Consultant and
utilized in the performance of the services under this Agreement, or embedded in
with the materials, products and services provided thereunder, shall remain the
property ofthe Consultant subject to a license granted to the City for their continued
use of the products and services provided under this Agreement. Any work product
used by the Consultant in the performance of these services which it deems as
"confidential," "proprietary,"or a"trade secret"shall be conspicuously designated
as such.
5.2 In the event of Consultant's default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed to date of default or termination,shall become
the property of the City, and tender of the work product and summary shall be a
prerequisite to final payment under this Agreement. The summary of services
provided shall be prepared at no additional cost, if the Agreement is terrninated
through default by the Consultant. If the Agreement is terminated through
convenience by the City, the City agrees to pay Consultant for the preparation of
the summary of seroices provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW
"Public Records Act." All preliminary drafts or notes prepared or gathered by the
Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or public citation by the City in connection with City action.
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6.2 If the Cansultant becomes a custodian of public records of the City and request for
such records is received by the City, the Consultant shall respond to the request by
the City for such records within�ve (5) business days by either providing the
records, or by identifying in writing the additional time necessary to provide the
records with a description of the reasons why additional time is needed. Such
additional time shall not exceed twenty (20) business days unless extraordinary
good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City sha1S, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten{10)business days prior written notice of the pending
release and to reasonably cooperate with any legal action which may be initiated
by the Consultant to enjoin or otherwise prevent such release.
7. Indc endent�oniractar Relatianshi .
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant. No
agent, employee, officer ar representative of the Consultant shall be deemed to be
an employee, agent, officer, or representative of the City for any purpose, and the
employees of the Consultant are not entitled to any of the benefits or privileges the
City provides for its employees. The Consultant will be solely and entirely
responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City's general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.l The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance),
7.3.3 Obtain a City of Pasco business license.
7.4 The City may,at its sole discretion,require the Consultant to rennove any employee,
agent or servant from employment on this Project who,in the City's sole discretion,
may be detrimental to the City's interest.
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8. Indemnification.
8.1 The Consultant shall defend, indexnnify, and hold harmless the City, its officers,
officials, employees, and volunteers haxmless frozn any and all claims, injuries,
damages,losses or suits including attomey fees,arising out of or resulting from the
acts, errors or omissions of the Consultant in performance of this Agreement,
except for injuries and damages caused by the sole negligence of the City.
8.2 However, should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Consultant, and the City, its officers, officials,
employees, and volunteers, the Consultant's liability, including the dury and cost
to defend,hereunder shall be only to the extent ofthe Consultant's negligence.It is
further specifically and expressly understood that the indemnification provided
herein constitutes the Consultant's waiver of immunity under Industrial Insurance,
Title 51 RCW, solely for 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.
8.3 No liability shall attach to the City by reason of entering into this Agreement except
as expressly provided herein.
8.4 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant's delayed or failed performance of Section 6 above.
9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Consultant, its
agents, representatives, employees, or subcontractors. The Consultant's maintenance of
insurance as required by the Agreement shall not be construed to limit the liability of the
Consultant to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at(aw or in equity.
9.1 Minimum Sco�e ot'Insurance. Consultant shall obtain insura�►ce of the types and
coverage described below:
9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be at least as broad as Insurance Services
Office{ISO) form CA 00 O1.
9.1.2 Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 O1 and shall cover liability arising from premises,
operations, stop-gap independent contractors and personal injury and
advertising injury. The City shall be named as an additional insured under
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I
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the ConsultanYs Commercial General Liability insurance policy with
respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
9.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant's profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of$1,000,000 per accident.
9.22 Commercial General Liability insurance shall be written with limits no Iess
than:
� $2,000,000 each occurrence; and
�1 $2,000,000 general aggregate;
9.2.3 Professional Liability insurance shall be written with limits no less than:
(tQ $Z,000,000 per claim; and
� $2,000,000 golicy aggregate limit;
9.3 Other Insurance Provision. The Consultant's Automobile Liability, Professional
Liability,and Commercial General Liability insurance policies are to contain,or be
endorsed to contain that they shall be primary insurance as respect the City. Any
insurance, self-insurance, or self-insured pool coverage maintained by the City
shall be excess of the Consultant's insurance and shall not contribute with it.
9.3.1 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.
9.4 Acceptability of lnsurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A: VII.
9.5 Verification of Covera�e. Consultant shall furnish the City with original
certif cates and a copy of the amendatory endorsements, including, but not
necessarily limited to,the additional insured endorsement,evidencing the insurance
requirements of the Agreement before commencement of the work.
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9.6 Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation within two (2) business days of their receipt of such
notice.
9.7 City Full Availabilitv of Consultant Limits. If the Consultant maintains higher
insurance limits than the minimums shown above,the City shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability
maintained by the Consultant,inespective of whether such limits maintained by the
Consultant are greater than those required by this Agreement or whether any
certificate of insurance furnished to the City evidences limits of liability]ower than
those maintained by the Consultant.
9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract,upon which the
City may,after giving f ve(5)business days notice to the Consultant to conect the
breach,immediately terminate the Agreement or,at its discretion,procure or renew
such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of
thc City,offsct against funds duc thc Consultant from thc City.
10. �ondiscritnination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed,color,national origin,sex,marital status, age or the presence of any sensory,mental
or physical handicap; provided that the prohibition against discrimination in employment
because of handicap shall not apply if the particular disability prevents the proper
performance of the particular worker involved. The Consultant shall ensure that applicants
are employed, and that employees are treated during empioyment in the performance of
this Agreement without discrimination because of their race, creed, color, national origin,
sex, marital status, age or the presence of any sensory, mental or physical handicap.
Consultant shall take such action with respect to this Agreement as may be required to
ensure full compliance with local, State and Federal laws prohibiting discrimination in
employment.
11. Coven�nt A�siast Centin�ent Fees. The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant,to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreernent.
12. AssiQnment and 5ubcontractin�.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
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subcontract other than as specifically identified in Exhibit A)its performance under
this Agreement or any portions of this Agreement without the prior written consent
of the City,which consent must be sought at least thirty(30)days prior to the date
of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination;proper bidding procedures where applicable;and all local,State
and Federal statutes,ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement,must
have prior written approval by the City.
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the otherparty no less than ten(10)business days written notice
in advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement,or if the Consultant fails to comply with any other provisions of
this Agreement and fails to correct such noncompliance within five (5) business
days of written notice thereof, the Ci#y may terminate this Agreement for cause.
Termination shall be effected by serving a notice of tertnination on the Consultant
setting forth the manner in which the Consultant is in default. The Consultant will
only be paid for services and expenses complying with the terms of this Agreement,
incurred prior to termination.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators; or
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City: Rick White,or his/her designee
Director, Community&Economic Development
525 N. 3rd Avenue �Pasco,WA 99301
(509) 545-3441
whiter@pasco-wa.gov _
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{DOWNTOWN PASCO MASTER PLAN} Page 8 of 10
14.3.2 For the Consultant: Jeff Arango,AICP
Project Manager
FRAMEWORK
(206)347-8533
j eff@weareframework.com
15. D'esaute Resolution.
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the 3tate of Washington and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
]5.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the dispute
cannot be resolved by agreement of the parties, said dispute shall be resolved by
arbitration pursuant to RCW 7.04A,as atnended,with both parties waiving the right
of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County,
Washington. The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other similar event or
other provision of this Agreement.
17. lntc�ration. This Agreement between the parties consists in its entirety of this document
and any exhibits,schedules or attachments. Any modification of this Agreement or change
order affecting this Agreement shall be in writing and signed by both parties.
18. Aut�orizafion. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on the
date first written above.
CITY OF PASCO,WASHINGTON CONSULTANT
Dave Zabell,C ger{>$50,000) {FRAMEWORK}
Department Director(<$50,000)
ATTEST:
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{DOWNTOWN PASCO MASTER PLAN} Page 9 of 10
J
^��v`L� V1 !WY �l' �--
Debra C.Barham, City Clerk
APPROVED AS TO FORM:
.
Kerr Fe son Law,PLLC,Gity Attorney
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The City of Pasco intends to create a new plan for powntown that
builds upon existing assets, provides coordination for several ongoing
Downtown projects,and engages the community around a shared vision
for the future. Engagement opportunities include a visioning workshop,
a project webpage, an online survey, an open house, and several board
and commission meetings.The design of the Downtown Plan will be
specific to Pasco and reflect the unique people, places,and culture
within Downtown and the broader community.The Plan will focus on
implementation and provide the City and the community with detailed
strategies and actions that can be realized in the short and long-term.
The consultant team will be led by Framework with support from BDS
Planning and Design for stakeholder outreach and ECONorthwest for
real estate and market analysis.
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TASK 1:PROJECT MANAGEMENT
1.1 Project Kick-off •
12 Project Management • • • • • • • • • • •
1.3 Meetings with City Staff • • • • • • • • • • •
Task 2- Existing Conditions
,■�.-
2.1 Review Existing Plans,Policies,&Background Info • • •
22 Review Downtown Zoning&Development Standards • • •
2.3 Downtown Market Analysis • • •
2.4 Existing Condition Memo • • *
Task 3- Public Engagement , - � .
3.1 Public Engagement Plan �
3.2 Online Survey,Communication Materials • •Online Survey
3.3 Visioning Workshop �
3.4 Open House •
3.5 Board and Commission Meetings(6) • • • • • • •
Task 4 Down#awn Master Plan+Implemer�tation
4.1 Document Design Template •
4.2 Maps and Graphics • • • • • • • • • • •
4.3 Draft Downtown Plan • • • •
4.4 Final Downtown Plan #
2
TASK 1: PRQJECT MANAGEMENT
Task 1.1 Project Kick-off
luly,2021
• Framework will schedule one kick-off ineeting with the City to review
the work plan for the project,confirm roles and responsibilities
between the consultant and City staff,develop a schedule for regular
progress meetings,and review a draft of the Public Engagement
Plan.
Deliuerables:Kick-off ineeting agenda, meetrng notes
Task 1.2 Project Management
Ongoing
• Ongoing project management includes regular communications
with the City, managing the overall scope, budget,and schedule, and
coordination of project tasks between team members.
Delivera6/es:Progress reports, lnvoices
1.3 Meetings with City Staff
Bi-weekly meetings during the 12-month estimated project timeline
• Framework will meet regularly with City staff via video conference
during development of the updated plan to prepare for outreach
activities, review public input and interim deliverables,and refine
strategies and recommendations included in the plan.
Deliverables:Meeting agendas, Meeting notes
TASK 2 - EXISTING CONDITIONS
2.1 Site Visit and Review Background Documents
luly thrQugh August 2021
• Review all relevant existing plans, policies,and background
information such as the City's Comprehensive Plan,transportation
plans,capital programs, and recent development projects.
• This information will inform development of the Plan and will be
summarized in the existing conditions memo under Task 2.5.
2.2 Review Downtown Zoning and Development Standards
luly through August 2021
• Review the City's zoning code and development standards to
understand their impact on urban form in Pasco. Framework will
leverage the City's existing data and resources such as Urban
3
Footprint.
• Evaluate the Central Business District Zoning District and
the Downtown Pasco Development Authority boundaries for
potential changes.
• Review and identify any inconsistencies between City goals and
policies and existing zoning and development regulations.
• Review recent development projects in Downtown and assess
the urban design elements as they relate to the zoning code and
development standards.
• Summarize the code analysis in the Existing Conditions Memo
with photos,text,tables,and charts.
2.3 Downtown Market Analysis
July thrvugh August 2021
• Conduct a market analysis focused on land uses and building
typologies that are currently feasible to develop in Downtown.
• Assess the feasibility for land uses and building typologies
against the City's zoning and development standards to
understand if there is any misalignment.
• Summarize the market analysis in the Existing Conditions
Memo with recommendations for any updates to zoning and
development standards or other City policies.
• Coordinate with the Housing Action Plan to achieve efficiencies
in data collection and analysis related to housing opportunities in
Downtown
2.4 Existing Conditions Memo
/uly through August 2021
• Summarize all the information and analysis compiled under Task
2 into the Existing Conditions Memo to include a summary of
observations from the team site visit.
• Provide the draft memo for City review and provide one round of
updates in response to City comments.
• Use project branding elements in the design of the report
developed under Task 3.
• Support the City in any additional existing conditions work
Delivcrables-Existing Conditions Memo rnduding all work completed
under Task 2(Draft and Final)
4
TASK 3 - PUBL��C ENGA���IENT
Public engagement activities will be coordinated to the maximum
extent feasible with other powntown projects including the Lewis
Street Streetscape Project and the Housing Action Plan.
3.1 Public Engagement Plan
luly 2021
• Develop a public engagement plan that identifies all engagement
activities,a timeline of events, communication methods,and a
style guide for all project documents and deliverables.
Deliverables:Public Engagernent Plan
3.2 Online Survey, Communication Materials
Project Webpage.�July 2027, updated throughout the project
Online Survey.�August 2021
Communication Materials.�July 2021 and as needed durinq the project
• Provide content for the City's project webpage including regular
updates, a list of engagement events,opportunities to provide
input,and project documents.
• Administer an online survey to the community for input on the
vision, goals, and aspirations in Downtown.Allow the the public
to upload photos that highlight their favorite places Downtown
and examples from other places that would work well in Pasco.
• Develop communication materials for the project incfuding for
social media, print,the project webpage,and event notices.
Deli�erables:Project webpage, Online survey questions, Online survey
analysis and summary, Communication materials
3.3 Visioning Workshop
September 2021
• Facilitate a visioning workshop in-person in Pasco. If there are
restrictions on in-person gatherings, Framework will host an
online workshop.
• Present the results of the existing conditions review under Task 2.
• Provide multiple opportunities for input at the visioning workshop
such as small group discussions, mapping design exercises,a
vision wall, live polling, and walking or virtual tours of Downtown.
Delivera6les:Visioninq workshop agenda, Meeting materials,
Visioning workshop summary
s
3.4 Open House
March 2022
• The open house will be focused on review and feedback on the draft
Plan.
• The draft Plan will be available for public review prior to the open
house
� The open house will be held in person in Downtown Pasco. If there
are restrictions on in-person gatherings, Framework will host an
online workshop.
• Public input at the open house will be summarized and provided
on the project webpage. Updates will be made to the Plan based
on public feedback to create the final draft Plan for the adoption
process.
Deliverables:Open house agenda, Meeting materials, Open house
summary
3.5 Board and Commission Meetings
Ongorng during the 12-month estimated project trmeline. Meetings
likely to occur after the visioning workshop and as the draft plan nears
completion and prror to begrnning fhe legislatrve review process.
• Attend up to 6 meetings with City boards and commissions.This
task includes the preparation of any materials for the meeting such
as handouts or presentations.
• Meetings may occur in a variety of formats including workshops,
study sessions, public hearings,and public meetings.
Deliverables:Meeting materials
TASK 4 - DOWNTOWN MASTER PLAN +
IMPLEMENTATION
4.1 Document Design Template
• Develop an InDesign template using the project branding and styles
developed under Task 3.
Deliverables:Document design template
4.2 Maps and Graphics
Ongoing during the estimated 12-month project timelrne
• Develop maps and graphics to communicate elements of the
Plan such as transportation or street improvements, public space
improvements, zoning recommendations,and arts and culture
opportunities.
6
• Graphics and maps will use a standard template and be consistent
with the project style guide developed under Task 3.
• All native files will be provided to the City at the conclusion of the
project.
Delrverables:Maps and graphres includrng alI native files
4.3 Draft Downtown Plan
October 202� through January 2022
• The draft Plan will include a brief summary of existing conditions,
the plan vision,a summary of public engagement activities and
input,goals and strategies,an action plan,and plan monitoring
to track progress on implementation. Maps and graphics will be
integrated within the Plan to illustrate Plan concepts.
• The action plan will include the details necessary for implementation
such as priority actions, planning level costs estimates,funding
sources,the responsible agency or party, and a timeline.
Deliverables:Draft Downtown Master Plan
4.4 Final Downtown Plan
April 2022
• Updates to the draft Plan will be made in response to public
feedback for the final Plan and the legislative process to adopt the
plan.
Deliverables:Final Downtown Plan
7
STUDY AREA MAP
DOWNTQWN PUBLIC DEVELOPMENT AUTHORITY AREA
r �`v- a- - �►ti�++;; ` _.
� ----__--- -- -- -__- _- _ � � = ' `'�° ��`��i
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� o�i' � � �pi�J '-� ` �'r
� SCHOOLS 0 DPDAAREA ,_,_ �'? ' a M1 l�1-`�?''r� Oo';�° � "�.11
� 1
� 1
� PARKS WALKABLE STREET WITH �� �c'� '1�' - ` �a���,�Z p n, `,. ��y
[�', SURFACE PARKING ACTIVE FACADE '✓�d -t pfl� � Q p��o �• •° ��p�� \ ` 1
1
�o WITHIN G2 ZONE � �o0 8 a� o��,�� �+�� ? �'�, �
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� R6'�4� r��a..
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: C `��1� .�--. �4l! . ' . Q�
� � .1�.' '�'�Y . . ~ �`�,�155� `�'.: ,} �t ' '_^(� a
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--- O� I I e❑ o❑ 6 �oo❑❑ ppp�T7(� //
The above map highlights the areas of interest,with Google's algorithmic data,that
are actively visited by users within the Downtown Public Development Authority area,
including restaurants and shops.The map also identifies core walkable retail areas with
engaging facades and surface parking lots within C-2 Central Business Zone.
The assets map of the greater downtown area looks at the relationship of the
transportation network and retail anchors, unique local businesses, public amenities
and facilities, and large employers in a broader context.
s
BUDGET - FULL SCOPE
� ��5.�.,....,... � -
i� � �i - ii "i �
Task 1:Proj�t Management
1.1 Kick-off Meeting 4 2 0 0 0 0 2 0 8
12 Project Management(OngoingJ 18 0 0 0 0 0 0 0 18
1.3 Meetings with Ciry Staff 26 0 0 0 0 0 2 0 28
Subtotal 48 2 0 0 0 0 4 0 54
510,750
Task 2:Existing Conditions
2.1 Site Visit and Review Background Documents 16 16 0 0 16 16 0 0 64
2.2 Review Downtown Zoning and Development Standards 6 0 0 0 0 0 0 6 12
2.3 Downtown Market Analysis 4 0 0 0 0 0 20 50 74
2.4 Existing CorMitions Memo 12 8 10 0 0 0 0 0 30
Subtatal 38 24 10 0 16 16 20 56 180
$33,330
Task 3�Public Engagement
3.1 Public Engagement Plan 4 0 6 0 0 0 0 0 10
3.2 Online Survey and Communication Materials 8 6 24 10 0 0 0 0 48
3.3VisioningWorkshap 20 8 20 14 0 0 0 0 62
3.4 Open House 14 4 16 12 0 0 0 0 46
3.5 Board and Commission Meetings(6 Meetings) 24 10 0 0 0 0 6 0 40
3ubtotal _ 70 28 66 36 0 0 6 0 206
$30,810
Task 4:Oowntown Master Plan+Implementation
4.1�ocument Design Template 4 2 8 16 0 0 0 0 30
42 Maps antl Graphics 0 0 30 60 0 0 0 0 90
4.3 Draft Downtawn Master Plan 28 22 40 0 0 0 6 0 96
4.4 final Dowmown Master Plan 12 6 16 0 0 0 0 0 34
Subtatal 44 30 94 76 0 0 6 0 250
S32,930
Total Fstimated Hours 2U0 84 11U 112 18 18 36 56 690
Cost(Hours'Rate) 539,000 S16,380 S17,000 S11.200 S4,720 S2.400 S9.000 58;120 S107,820
Project Cast Subtotal 5107,820
Expenscs(2°lo af Praject Cost) S2,156
Estimated Total Casts S109,976
9
A��� CERTIFICATE OF LIABILITY INSURANCE ��",'.'"„��„""
8/4l2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
�tirc"NQ,E,�}� (888)835-5675 � ac.NoS: (866)828-2424_
KIBBLE&PRENTICE HOLDING COMPANY AD RIESS: C@It�C2t@�Hd�OV@f.COfil
601 UNION STSTE 1000 INSURER�5)AFFORDINGCOVERAGE NAIC#
SEATTLE WA 98101 INSURER A: Hanover Insurance Co 22292
INSURED INSURER B:
PLATFORM LLC INSURERC:
DBA FRAMEWORK CULTURAL INSURER D:
1221 EAST PIKE STREET#300 �NSURER E:
SEATTLE WA 98122 INSURERF:
COVERAGES CERTIFICATE NUMBER: 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. NOTIMTHSTANDING 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 7ypE OF INSURANCE ADDL SUBRI pOLICY NUMBER MMI DY/YYYY MM/DIYYYY LIMITS
LTR
COMMERCIALGENERALLIABILITY EACHOCCURRENCE $
� DAMAGE TO RENTED
CLAIMS-MADE � OCCUR ,PREMISES�Ea occurren� $
MED EXP(Any one person) $
PERSONAL 8 ADV INJURY 1$
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
I POLICY PR� LOC PRODUCTS-COMP/OP AGG $
� JECT � - -
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
[Ea accidentl _
ANY AUTO BODILY INJURY(Per person) �
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-ONMED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY ,fPer accidentl
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
I EXCESS LIAB CLAIMS-MADE i AGGREGATE _ $
DED I RETENTION$ $
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY Y�N � _ _STATUTE j ER ___ __
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACHACCIDENT $
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if yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A I� Architects 8 Engineers Prof Liab N N ' LH2 H431234 00 11/12/2020 11/12l2021 Claims-Made:$2M Per Claim!$2M Agg
DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(ACORD 101,Additlonal Remarks Schedule,may be attachetl if more space is required)
NAMED INSURED CONT: FRAMEWORK CULTURAL PLACEMAKING;PLACEMAKING.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
CITY OF PASCO qUTHORIZED REPRESENTATIVE
525 N 3RD AVE � � /
PASCO WA 99301 i��������`������
O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
Client#: 1075514 PLATFLLC2
DATE(MMIDD/YYYY)
ACORD,� CERTIFICATE OF LIABILITY INSURANCE 8/10/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTA T Hector Polanco
NAME:
USI Insurance Services LLC PHONE 206-508-5633 F"x
601 Union Street,Suite 1000 E MAi�° E"�' - -- �ac,NoJ: 610-362-8503
ADDRESS: _
Seattle,WA 98101
INSURER(S)AFFORDING COVERAGE NAIC#
206 441-6300 Sentinel Insurance Com an Ltd. 11000
INSURER A: P Y
INSURED INSURER B:H8110VBf II15U�a11C@ C0117P8I1y 22292
PlatForm LLC DBA Framework
INSURER C:
Cultural Placemaking -
INSURER D:
PMB#809, 1122 E. Pike Street -
INSURER E:
Seattle,WA 98122 -
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD
INDICATED. NOTIMTHSTANDING 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 ADDL SUBR' POLICY EFP POLICY EXP
�� TYPE OF INSURANCE INSR WVD POLICY NUMBER {MMIDDIYYYY� .(MMlDD1YYYYZ LIMITS
A X COMMERCIAL GENERAL LIABILITY X X 52SBWTZ8055 11l12/2020 11/12/2021 EACH OCCURRENCE $2�0���00�
DAMAG E TO RENTED
� I CLAIMS-MADE � OCCUR PREMISESIEaoccurrence� $�,0�����
MED EXP(Any one person) $����0�
PERSONAL&ADV INJURY $Z,OOO�OOO
GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $4�000,000
X POLICY� EC�T � LOC I PRODUCTS-COMPIOPAGG $4,000,000 _
OTHER: $
A AUTOMOBILE LIABILITY X X �52SBWTZ8055 11/12/2020 11/12/2021 IE�aoclden�ts�N��E��M�T $Zr���e00�
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS _ $
HIRED ' NON-0WNED PROPERTY DAMAGE
X AUTOS ONLY X ' AUTOS ONLY �Per accidenU
- $
_ UMBRELLA LIAB �OCCUR ,EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE I AGGREGATE �$
DED RETENTION$ I. $
A WORKERS COMPENSATION X 52$BWTZ8�rjrj 11/12/2020 11/12/2021 PER X��RH _
AND EMPLOYERS'LIABILITY $TnTUTE
ANY PROPRIETOR/PARTNER/EXECUTIVE Y�N (WA Stop Gap) E.L.EACH ACCIDENT $�,OOO,OOO
OFFICEWMEMBER EXCLUDED? � N/A
(MandatoryinNH) E.L.DISEASE-EAEMPLOYEE $�_OOO����
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $'I�OOO�OOO _
B Professional LH2H43123400 11/12/2020 11/12l202 $1,000,000 per claim
$2,000,000 annl aggr.
DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
RE: Downtown Pasco,WA.
The General Liability policy includes an automatic Additional Insured endorsement that provides Additional
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regard to work performed by or on behalf of the named insured.The General Liability policy includes an
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Insurance Carrier.
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tY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
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AUTHORIZED REPRESENTATIVE
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ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD
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BUSINESS LIABILITY COVERAGE FORM
POLICY: 52SBWTZ8055
Form SS 00 08 04 05
O 2005, The Hartford
BUSINESS LIABILITY COVERAGE FORM r
(b) Rented to, in the care, custody or b. Coverage under this provision does not
control of, or over which physical apply to:
control is being exercised for any (1� "Bodily injury" or "property damage"
purpose by you, any of your that occurred; or
"employees", "volunteer workers",
any partner or member (if you are (2) "Personal and advertising injury"
a partnership or joint venture), or arising out of an offense committed
any member (if you are a limited before you acquired or formed the
liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your"employee" or With respect to "mobile equipmenY' registered in
"volunteer worker"), or any organization your name under any motor vehicle registration
while acting as your real estate manager. law, any person is an insured while driving such
c. Temporary Custodians Of Your equipment along a public highway with your
Property permission. Any other person or organization
responsible for the conduct of such person is
Any person or organization having proper also an insured, but only with respect to liability
temporary custody of your property if you arising out of the operation of the equipment, and
die, but only: only if no other insurance of any kind is available
(1) With respect to liability arising out of the to that person or organization for this liability.
maintenanc�or use of that property;and However, no person or organization is an insured
(2) Until your legal representative has with respect to:
been appointed. a. "Bodily injury" to a co"employee" of the
d. Legal Representative If You Die person driving the equipment; or
Your legal representative if you die, but b. "Property damage" to property owned by,
only with respect to duties as such. That rented to, in the charge of or occupied by
representative will have all your rights and you or the employer of any person who is
duties under this insurance. an insured under this provision.
e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft
Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that
yours which is a legally incorporated entity is less than 51 feet long and is not being used
of which you own a financial interest of to carry persons for a charge, any person is an
more than 50% of the voting stock on the insured while operating such watercraft with
effective date of this Coverage Part. your permission. Any other person or
The insurance afforded herein for any organization responsible for the conduct of
subsidiary not shown in the Declarations such person is also an insured, but only with
as a named insured does not apply to respect to liability arising out of the operation
injury or damage with respect to which an of the watercraft, and only if no other
insured under this insurance is also an insurance of any kind is available to that
insured under another policy or would be person or organization for this liability.
an insured under such policy but for its However, no person or organization is an
termination or upon the exhaustion of its insured with respect to:
limits of insurance. a. "Bodily injury" to a co"employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft; or
Any organization you newly acquire or form, b. "Property damage" to property owned by,
other than a partnership, joint venture or rented to, in the charge of or occupied by
limited liability company, and over which you you or the employer of any person who is
maintain financial interest of more than 50% of an insured under this provision.
the voting stock, will qualify as a Named 6. Additional Insureds When Required By
Insured if there is no other similar insurance Written Contract, Written Agreement Or
available to that organization. However: P�rmit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in
only until the 180th day after you acquire Paragraphs a. through f. below are additional
or form the organization or the end of the insureds when you have agreed, in a written
policy period, whichever is earlier; and
Farm 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 the permit. with the distribution or sale of the
A person or organization is an additional products;
insured under this provision only for that (fl Demonstration, installation,
period of time required by the contract, servicing or repair operations,
agreement or permit. except such operations performed
However, no such person or organization is an at the vendor's premises in
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 (9) 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 or 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
Any person(s) or organization(s) (referred to damage" arising out of the sole
below as vendor), but only with respect to negligence of the vendor for its
own acts or omissions or those of
"bodily injury" or "property damage" arising its employees or anyone else
out of "your products" which are distributed acting on 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(fl; or
"products�ompleted 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
This insurance does not apply to: course of business, in
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 whom 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", "property damage" or
in the product made intentionally "personal and advertising injury"
by the vendor; caused, in whole or in part, by your
(d) Repackaging, except 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 from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM •
(2) With respect to the insurance afforded e. Permits Issued By State Or Political
to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but
"occurrence" which takes place after only with respect to operations
you cease to lease that equipment. performed by you or on your behalf for
c. Lessors Of Land Or Premises which the state or political subdivision
(1) Any person or organization from has issued a permit.
whom you lease land or premises, but (2) With respect to the insurance afforded
only with respect to liability arising out to these additional insureds, this
of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "properry damage"
leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations
to these additional insureds, this performed for the state or
insurance does not apply to: municipality; or
(a) Any "occurrence" which takes (b) "Bodily injury" or"property damage"
place after you cease to lease that included within the "products-
land or be a tenant in that completed operations hazard".
premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who
construction or demolition is not an insured under Paragraphs a.
operations performed by or on through e. above, but only with
behalf of such person or respect to liability for "bodily injury",
organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or
(1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or
only with respect to liability for "bodily the acts or omissions of those acting
injury", "property damage" or "personal on your behalf:
and advertising injury" caused, in whole (a) In the performance of your
or in part, by your acts or omissions or ongoing operations;
the acts or omissions of those acting on b
( ) In connection with your premises
your behalfi owned by or rented to you; or
(a) In connection with your premises; (c) In connection with"your work" and
or included within the "products-
(b} In the performance of your completed operations hazard", but
ongoing operations performed by only if
you or on your behalf. (i) The written contract or written
(2) With respect to the insurance afforded agreement requires you to
to these additional insureds, the provide such coverage to
following additional exclusion applies: such additional insured; and
This insurance does not apply to (ii) This Coverage Part provides
"bodily injury", "property damage" or coverage for "bodily injury" or
"personal and advertising injury" "property damage" included
arising out of the rendering of or the within the "products-
failure to render any professional completed operations hazard".
services by or for you, including: (2) With respect to the insurance afforded
(a) The preparing, approving, or to these additional insureds, this
failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or
reports, surveys, field orders, "personal and advertising injury"
change orders, designs or arising out of the rendering of, or the
drawings and specifications; or failure to render, any professional
(b) Supervisory, inspection, architectural, engineering or surveying
architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not
failure to prepare or approve, apply to "property damage" to premises
maps, shop drawings, opinions, while rented to you or temporarily
reports, surveys, field orders, occupied by you with permission of the
change orders, designs or owner, arising out of fire, lightning or
drawings and specifications; or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2.a. or 2.b above, whichever
activities. applies, the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all "bodily injury",
insureds are described in Section D. — Limits "property damage" and medical expenses
Of Insurance. arising out of any one "occurrence" is the
How this insurance applies when other Liability and Medical Expenses Limit shown in
insurance is available to an additional insured the Declarations.
is described in the Other Insurance Condition The most we will pay for all medical expenses
in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any
General Conditions. one person is the Medical Expenses Limit
No person or organization is an insured with shown in the Declarations.
respect to the conduct of any current or past 4. Personal And Advertising Injury Limit
partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for
company that is not shown as a Named Insured in the sum of all damages because of all
the Declarations. "personal and advertising injury" sustained by
D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal
LIMITS OF INSURANCE and Advertising Injury Limit shown in the
Declarations.
1. The Most We Will Pay
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the
Declarations and the rules below fix the most The Damage To Premises Rented To You
we will pay regardless of the number of: Limit is the most we will pay under Business
a. Insureds; �Liability Coverage for damages because of
property damage to any one premises, while
b. Claims made or"suits" brought; or rented to you, or in the case of damage by fire,
c. Persons or organizations making claims or lightning or explosion, while rented to you or
bringing "suits". temporarily occupied by you with permission of
2. Aggregate Limits the owner.
The most we will pay for: In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
a. Damages because of "bodily injury" and You Limit applies to all damage proximately
"property damage" included in the caused by the same event, whether such
"products-completed operations hazard" is damage results from fire, lightning or explosion
the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds
Declarations.
b. Damages because of all other bodily The most we will pay on behalf of a person or
„
„ „ „ „ organization who is an additional insured
injury , property damage or personal
and advertising injury", including medical under this Coverage Part is the lesser of:
expenses, is the General Aggregate Limit a. The limits of insurance specified in a
shown in the Declarations. written contract, written agreement or
This General Aggregate Limit applies permit issued by a state or political
separately to each of your "locations" subdivision; or
owned by or rented to you. b. The Limits of Insurance shown in the
"Location" means premises involving the Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in
whose connection is interrupted only by a addition to the Limits of Insurance shown in
street, roadway or right-of-way of a the Declarations and described in this Section.
railroad.
Page 14 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FQRM
If more than one limit of insurance under this (1) Immediately send us copies of any
policy and any endorsements attached thereto demands, notices, summonses or
applies to any claim or"suiY', the most we will pay legal papers received in connection
under this policy and the endorsements is the with the claim or"suiY';
single highest limit of liability of all coverages (2) Authorize us to obtain records and
applicable to such claim or "suiY'. However, this other information;
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3.above. (3) Cooperate with us in the investigation,
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the"suit"; and
separately to each consecutive annual period and to (4) Assist us, upon our request, in the
any remaining period of less than 12 months, starting enforcement of any right against any
with the beginning of the policy period shown in the person or organization that may be
Declarations, unless the policy period is extended liable to the insured because of injury
after issuance for an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will be may also apply.
deemed part of the last preceding period for purposes
of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost
E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own
GENERAL CONDITIONS cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
1. Bankruptcy than for first aid,without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance
the insured's estate will not relieve us of our If we cover a claim or "suit" under this
obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an
Offense, Claim Or Suit additional insured, such additional insured
a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the
other insurer for defense and indemnity.
You or any additional insured must see to
it that we are notified as soon as However, this provision does not apply to
practicable of an "occurrence" or an the extent that you have agreed in a
offense which may result in a claim. To written contract, written agreement or
the extent possible, notice should include: permit that this insurance is primary and
non-contributory with the additional
(1} How, when and where the "occurrence" insured's own insurance.
or offense took place;
f. Knowledge Of An Occurrence, Offense,
(2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and
Paragraphs a. and b. apply to you or to
(3) The nature and location of any injury any additional insured only when such
or dama e arisin out of the �� �� �� ��
g 9 occurrence , offense, claim or suit is
"occurrence"or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is
If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional
insured must: insured is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional
claim or "suit" and the date received; insured is a limited liability company;
and (4) Any "executive officer" or insurance
(2) Notify us as soon as practicable. manager, if you or an additional
You or any additional insured must see to insured is a corporation;
it that we receive a written notice of the (5) Any trustee, if you or an additional
claim or"suit"as soon as practicable. insured is a trust; or
c. Assistance And Cooperation Of The g
Insured ( ) Any elected or appointed official, if you
or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to (3) We have issued this policy in reliance
you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose
a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fail to disclose
the provisions of any motor vehicle all hazards relating to the conduct of your
financial responsibility law, the insurance business at the inception date of this
provided by the policy for "bodily injury" Coverage Part, we shall not deny any
liability and "property damage" liability will coverage under this Coverage Part
comply with the provisions of the law to because of such failure.
the extent of the coverage and limits of 7, Other Insurance
insurance required by that law.
b. With respect to "mobile equipmenY' to If other valid and collectible insurance is
which this insurance applies, we will available for a loss we cover under this
Coverage Part, our obligations are limited as
provide any liability, uninsured motorists, follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle a. Primary Insurance
law. We will provide the required limits for This insurance is primary except when b.
those coverages. below applies. If other insurance is also
4. Legal Action Against Us primary, we will share with all that other
No person or organization has a right under insurance by the method described in c.
this Coverage Form: below.
a. To join us as a party or otherwise bring us b. Excess Insurance
into a "suiY' asking for damages from an This insurance is excess over any of the
insured; or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless contingent or on any other basis:
all of its terms have been fully complied (1) Your Work
with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or
on an agreed settlement or on a final judgment similar coverage for"your work";
against an insured; but we will not be liable for (2) Premises Rented To You
damages that are not payable under the terms of
this insurance or that are in excess of the That is fire, lightning or explosion
applicable limit of insurance. An agreed insurance for premises rented to you
settlement means a settlement and release of or temporarily occupied by you with
liability signed by us, the insured and the permission of the owner;
claimant or the claimant's legal representative. (3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to
Except with respect to the Limits of Insurance, cover your liability as a tenant for
and any rights or duties specifically assigned "property damage" to premises rented
in this policy to the first Named Insured, this to you or temporarily occupied by you
insurance applies:
with permission of the owner;
a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft
Named Insured; and if the loss arises out of the maintenance
b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to
a claim is made or"suit" is brought. the extent not subject to Exclusion g. of
Section A.—Coverages.
6. Representations
(5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators
By accepting this policy, you agree: If the loss arises out of "property
(1) The statements in the Declarations damage" to borrowed equipment or
are accurate and complete; the use of elevators to the extent not
(2) Those statements are based upon subject to Exclusion k. of Section A. —
representations you made to us; and Coverages.
Page 16 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(6� When You Are Added As An When this insurance is excess over other
Additional Insured To Other insurance, we will pay only our share of
Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of:
you covering liability for damages (1) The total amount that all such other
arising out of the premises or insurance would pay for the loss in the
operations, or products and completed absence of this insurance; and
operations, for which you have been (2) The total of all deductible and self-
added as an additional insured by that insured amounts under all that other
insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with
Additional Insured To This any other insuranc� that is not described in
Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the
additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part.
apply to other insurance available to c. Method Of Sharing
any person or organization who is an If all the other insurance permits
additional insured under this Coverage contribution by equal shares, we will follow
Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts
Required By Contract until it has paid its applicable limit of
This insurance is primary if you insurance or none of the loss remains,
have agreed in a written contract, whichever comes first.
written agreement or permit that If any of the other insurance does not permit
this insurance be primary. If other contribution by equal shares, we will
insurance is also primary, we will contribute by limits. Under this method, each
share with all that other insurance insurer's share is based on the ratio of its
by the method described in c. applicable limit of insurance to the total
below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against
To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or
contract, written agreement or part of any payment, including
permit that this insurance is Supplementary Payments, we have made
primary and non-contributory with under this Coverage Part, those rights are
the additional insured's own transferred to us. The insured must do
insurance, this insurance is nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring "suit" or
contribution from that other transfer those rights to us and help us
insurance. enforce them. This condition does not
Paragraphs(a) and (b) do not apply to apply to Medical Expenses Coverage.
other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver
insured has been added as an Of Subrogation)
additional insured.
If the insured has waived any rights of
When this insurance is excess, we will recovery against any person or
have no duty under this Coverage Part to or anization for all or art of an a ment,
9 p YP Y
defend the insured against any"suit'° if any including Supplementary Payments, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit". If no other also waive that right, provided the insured
insurer defends, we will undertake to do waived their rights of recovery against
so, but we will be entitled to the insured's such person or organization in a contract,
rights against all those other insurers. agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24