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HomeMy WebLinkAboutPW11-070 - Original - Northwest Hydraulic Consultants, Inc. - Lower/Lowest Russell Road Levee -12/20/2011 s� Records Mlanageme TDocument W/ 5HINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Northwest Hydraulic Consultants, Inc. Vendor Number: JD Edwards Number Contract Number: A)1I-2)70 This is assigned by City Clerk's Office Project Name: Lower/Lowest Russell Road Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: /, 20 - I/ Contract Effective Date: Date of the Mayor's signatureTermination Date: 12/31/11 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Hydraulic analysis-for potential Green River Levee certification. S Publlc\RecordsManagement\Forms\ContractCover\adcc7B32 1 11/08 K E N T r"r AS HI NDTO1 CONSULTANT SERVICES AGREEMENT between the City of Kent and Northwest Hydraulic Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Hydraulic Consultants, Inc. organized under the laws of the State of Washington, located and doing business at 16300 Christensen Rd., Suite 350, Seattle, WA 98188, Phone: (206) 241-6000/Fax: (206) 439-2420, Contact: Vaughn Collins (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide hydraulic analysis for potential Green River Levee Certification of Lower/Lowest Russell Road Levee. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Five Thousand, Six Hundred Ninety One Dollars ($35,691.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over $10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. The Consultant shall hold harmless and indemnify the City, its officers, officials, employees, agents and volunteers from and against losses, liabilities, expenses, and costs, including, without limitation, all legal costs and attorney fees caused by the Consultant's negligence in its performance of professional services under this Agreement. As respects its operations under this Agreement other than the performance of professional services, Consultant shall, to the fullest extent permitted by law, hold harmless, indemnify, and defend the City, its officers, officials, employees, agents and volunteers from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the 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 THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT - 3 (Over $10,000) X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance 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 satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including -all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the page signature a e of the Agreement, unless notified to the 9 9 contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: �, By: TQQ(�gna�t�ure)Z c�� (signature) Print Name: e'1T ffae: Suzette Cooke Its QKIk-t o� sMayor (itle) DATE: I ($�2� I DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Timothy J. LaPorte, P.E. Northwest Hydraulic Consultants, Inc. City of Kent 16300 Christensen Rd., Suite 350 220 Fourth Avenue South Seattle, WA 98188 Kent, WA 98032 (206) 241-6000 (telephone) (253) 856-5500 (telephone) (206) 439-2420 (facsimile) (253) 856-6500 (facsimile) CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) APPROVED AS TO FORM: - ju(k [aA,6 1", Ke t Law Department NHC-Russell Rd Levee/Madfai CONSULTANT SERVICES AGREEMENT - 6 (Over $10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this Ityq day of JZ-Y�j2q , 20-�—. By: For: �.1p v4,�JE5 }k-�n�fk►uG Gar�sJ�-t�-hS 10C, Title: C19fac,. Date: l l L )Za 11 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the*before-mentioned Agreement. Dated this day of , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A SCOPE OF WORK Hydraulic Analysis For Potential Green River Levee Certification Of Lower/Lowest Russell Road Levee Segment DESCRIPTION OF WORK / PROJECT OBJECTIVES The objective of this contract is for Northwest Hydraulic Consultants, Inc (NHC) to evaluate the channel and overbank hydraulic conditions resulting from the east (right bank) levees between the 231" St and 2121h St bridges providing 100-year flood protection. NHC will use an existing FLO-2D model to evaluate the channel and overbank hydraulic conditions NHC developed this model previously for King County's appeal of the FEMA floodplain mapping of the Green River. NHC will also determine the necessary hydraulic parameters required for the geotechnical analysis to be conducted by others NHC's work is part of the City's Federal Emergency Management Agency (FEMA) Conditional Letter of Map Revision (CLOMR) submittal TASKS, ITEMS, AND WORK PRODUCTS NHC shall furnish all services and labor necessary to complete the following tasks. Task 1 — Bathymetric Survey No bathymetric survey will be performed. The City of Kent's existing survey and 2007 Flood Insurance Study cross sections will be used for scour analysis. Task 2 — Floodplain Modeling and Mapping NHC will model the proposed levee providing 100-year flood protection. (m the FEMA study, these levees were required to be modeled as failed and not provide flood protection). NHC will model this scenario by modifying the FLO-21D model previously developed by NHC for King County's appeal of the FEMA Green River floodplain mapping The 100-year floodplain boundary will then be remapped for the portions of the Green River that change due to the levees providing certified 100-year flood protection The mapping will be to the same standard used for King County's appeal of the FEMA mapping Task 3 — Interior Drainage Analysis It is assumed that no interior drainage analysis is required for this levee segment based on initial discussions with the City of Kent. Task 4 — Hydraulic Analysis in Support of Geotechnical Work NHC will conduct hydraulic analysis to generate the geotechnical data needed by AMEC This will include determination of- mean annual water levels; drawdown rates; in-channel velocities; local, bend and reach scour; and suitability of vegetation as levee cover material. 1 Task 5— Reporting NHC will prepare a memorandum documenting methods and results of the analysis in a format suitable for inclusion in a CLOMR application NHC will produce a revised floodplain workmap showing the modified floodplains from Task 2 NHC will complete portions of the MT-2 form relevant to its work The form will be signed by others Deliverables: NHC will provide the following deliverables to the City. Deliverables will be provided in a format suitable for inclusion in the City's CLOMR submittal to FEMA • A report describing methods and results of all hydraulic analysis performed. • Digital versions of effective and revised FLO-2D models and the digital model output data used in the analysis. • Revised floodplain mapping (in digital format) showing inundation areas, flood zones and floodway Task 6 — Coordination/Project Management/ Post Submittal Review Support NHC (Vaughn Collins) and Larry Karpack will attend up to 4 meetings with the City of Kent, FEMA, AMEC or others for project coordination and review prior to CLOMR submittal NHC and Mr Karpack will provide post submittal support as needed in addressing reviewers questions and comments This is anticipated to include revising both reports and mapping products. STAFF, SUBCONSULTANTS AND COORDINATION WITH OTHERS The Principal-in-Charge will be Mr Todd Bennett Mr. Vaughn Collins will serve as project manager and senior engineer, and Alex Anderson will serve as engineer NHC will subcontract with Mr Larry Karpack of Watershed Science & Engineering (WSE) to provide engineering support and review of products Mr Karpack will attend key meetings with the City as needed NHC will coordinate with AMEC in scheduling and delivery of products needed for geotechnical analysis SCHEDULE NHC anticipates Notice to Proceed (NTP) on or about January 24, 2011. The City of Kent has requested that draft reports be submitted by April 15, 2011. Task 4 deliverables- a scour analysis and other data needed for geotechnical analysis -will be completed approximately four weeks after NTP and draft results delivered to AMEC. NHC will coordinate with AMEC and the City of Kent throughout the project regarding scheduling of deliverables. Floodplain mapping tasks will be initiated concurrently. Submittal of draft flood inundation maps without floodway revisions will occur by April 15 Final reports will be submitted within two weeks of receipt of final comments from the City. 2 Northwest Hydraulic Consultants Estimate of Professional Services 16300 Christensen Road, Suite 350 Prepared for: City of Kent Seattle, WA 98188-3418 Pro 'ect: Lower/Lowest Russell Levee Certification Tel. 206 241-6000 Date: December 29, 2010 Fax 206 439-24_2_0 Project#: Prepared By: Vaughn Collins TASK DE_S_CRI_PTION Sr Jr Totals Principal Engineer Engineer Engineer Tech Clerical 1 0-Bath metric Survey Field Work $0 Data Processing $0 Total= $0 2 0-Floodplain Modeling and Mapping FIo2D Levee Modeling 4 16 $2,340 FIo2D Floo_dway Modeling $0 QA/QC 4 8 $2,262 Total= $4,602 3 0-Interior Drainage Analysis $0 Total= $0 4 0-Hydraulic Analysis m support of Geotechnical Work 2 16 16 $4,792 —_r Total= $4,792 5 0-Re ortm and Ma in Reporting 4 16 8 8 _ $5,061 Mapping 2 8 8 32 $6,125 M4 $982 186 6 0-Coordinauon/Project Management Project Management/Coordination_ 4 Meetings 16 690Post Submittal Review Support 16 16 358 Total= $8,031 Total Hours 120 1 880 80 878 00 120 Drell Labor Rate 6753 4952 3632 3069_ _2_2 12_ 2280 Overhead(208 7%) 14094 103 35 7579 6405 46 15 47 58 Profit 10%of DL+OH 2085 1529 11 21 947 683 7 D4 Rates $229 32 $168 15 $123 32 $104 21 $75 10 $77 42 TOTAL LABOR COST NHC $28,611 Direct Expense Detail Umis Rate Cost Subconsullants Lar Kar ack 32 19000 $ 6,080 Reproduction Couriers,8 Communication 1 $ 100 Bath metric Survey Equipment 1 900 $ 900 $ 7,080 Cost Summary Total Labor $ 28,611 Total Direct Expenses I $ 7,080 TOTAL COST 1 $ 35,691 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS 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, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. S. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary 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 of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 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 Consultant shall furnish 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 requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. — — CERTIFICATE OF LIABILITY INSURANCE_ OPID � DATE(MIWDWYYWI - - oB�i6�io 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(tes)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER NAME PHONE Griffith Insurance Group, Inc. A/C,Ne Ext 3841 Aurora Ave N Suite 100 ADDRESS Seattle WA 98103 CUSTOMERIDa NOR4000 Phone'206-632-1433 Fax:206-632-0870 INSURER(S)AFFORDING COVERAGE NAIC0 INSURED INSURERA a a Hartford Caeualty Ine Co Northwest Hydraulic INSURERS Consultants Inc. 16300 Christensen Rd #350 INSURERC Tukwila WA 98198 INSURER D INSURER E. INSURER F 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 NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 LTR TYPE OF INSURANCE INSR WVD1 POLICY NUMBER (MWDO/YYYY) (MWDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY 52UUNUS3744 06/30/10 06/30/11 PREMISES Ea occurrence) s300,000 CLAIMS-MADE aOCCUR MEO EXP(Any me parson) $ 1G 000 X WA Stop Gap PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2 00D,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $2,000,000 X POLICY PRO LOC JECT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $1,000,000 A X ANY AUTO 52UUUUS3744 06/30/10 06/30/11 BODILY IN'JURY(Pef person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTYDAMAGE HIREDAUTOS (Peraccidenl) $ I NON-OWNED AUTOS $ $ A X UMBRELLA LIAB ]{ OCCUR 52XHUUS3412 06/30/10 06/30/11 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMSMADE AGGREGATE $5,OOO,000 HDEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION OTH- ANDEMPLOYERS'LIABILITY YIN TOF LIMITS ER ANY PROPRIETCRIPARTNERIEXECUTIVE[—] to EL EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ 11 yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attaeh ACORD 101,Additional Remarks Schedule,If more space Is required) The certificate holder is listed as primary non contributory additional insured as pertains to the work and services performed by the named insured only per form HG 00 01 06 05. CERTIFICATE HOLDER CANCELLATION SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITYK14T THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of Kent Attn: Nancy Yoshmtake AUTHORIZED REPRESENTATIVE 220 4th Ave S Kent WA 98032 ©1988-2009 AC CORPORATION All rights reserved, ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD " �.{,® DATE(MMIDD YYYY) LLLJJJ CERTIFICATE OF LIABILITY KSURANCE OP ID AL Co �i - -- 06/17/10 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 pollcy(les)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements) PRODUCER CONTACT NAME. -PRONE PAA Griffith Insurance Group, Inc, ac,Na ExL (A/C,Ne- 3841 Aurora Ave N Suite 100 ADDRESS Seattle WA 98103 PRODUCER CUSTOMERIDn NOR4000 Phone:206-632-1433 Fax:206-632-0878 INSURERS)AFFORDING COVERAGE NAIC4 INSURED INSURERA- Evanston Insurance Company Northwest Hydraulic INSURERB, Consultants Inc. 16300 Christensen Rd #350 INSURERC. Tukwila WA 98188 INSURER D. INSURER E INSURER F 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 NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES LIMITS ShOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDNYYY) (MWDD/YYYY)I LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADVINJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRO LOC $ JECT 1 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ' BODILY INJURY(Per parson) $ ALL OWNED AUTOS BODILY INJURY(Pat accident) $ . SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTOS $ 8 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB 171 CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVED EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 41A (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ If yes,desuibe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ A Professional AE818986 01/12/10 03/12/11 Ea. Claim $2,000,000 L-iahility I 1 1 Aggregate $2 000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Altaeh ACORD 101,Additional Remarks Schedule,If more space Is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITYKNT THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of Kent Attn: Nancy Yoshitake AUTHORIZED REPRESENTATIVE 220 4th Ave S Kent WA 98032 9)1988-2009 ACORIf CORPORATION All rights reserved ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD X COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restnct coverage Read (2) The "bodily injury' or "property damage" occurs the entire policy carefully to determine rights, duties and during the policy period, and what is and is not covered (3) Prior to the policy period, no insured listed Throughout this policy the words"you"and "your" refer to under Paragraph 1. of Section If — Who Is An the Named Insured shown in the Declarations, and any Insured and no "employee" authorized by you to other person or organization qualifying as a Named give or receive notice of an "occurrence" or Insured under this policy. The words "we", "us" and "our" claim, knew that the "bodily injury" or "property refer to the stock insurance company member of The damage" had occurred, in whole or in part If Hartford providing this insurance, such a listed insured or authorized "employee" The word "insured" means any person or organization knew, prior to the policy period, that the "bodily qualifying as such under Section If—Who Is An Insured injury" or"property damage" occurred, then any continuation, change or resumption of such Other words and phrases that appear in quotation marks "bodily injury" or "property damage" during or have special meaning Refer to Section V—Definitions after the policy period will be deemed to have SECTION I—COVERAGES been known prior to the policy period COVERAGE A BODILY INJURY AND PROPERTY c. "Bodily injury" or"property damage" will be deemed DAMAGE LIABILITY to have been known to have occurred at the 1. Insuring Agreement earliest time when any insured listed under a We will pay those sums that the insured becomes Paragraph 1. of Section II —Who Is An Insured or legally obligated to pay as damages because of any employee authorized by you to give or "bodily injury" or "properly damage" to which this receive notice of an "occurrence" or claim insurance applies We will have the ngM and duty (1) Reports all, or any part, of the "bodily injury" or to defend The insured against any "surf" seeking "property damage"to us or any other insurer, those damages However, we will have no duty to (2) Receives a written or verbal demand or claim defend the insured against any "suit" seeking for damages because of the "bodily injury" or damages for "bodily injury"or "property damage"to "property damage", or which this insurance does not apply We may, at (3) Becomes aware by any other means that our discretion, investigate any "occurrence" and "bodily injury" or "property damage" has settle any claim or "surf"that may result But. occurred or has begun to occur (1) The amount we will pay for damages is limited d. Damages because of "bodily injury" include as described in Section III — Limits Of damages claimed by any person or organization for Insurance,and care, loss of services or death resulting a1 any lime (2) Our right and duty to defend ends when we from the"bodily injury" have used up the applicable limit of insurance in e. Incidental Medical Malpractice the payment of judgments or settlements under Coverages A or B or medical expenses under (1) "Bodily injury" arising out of the rendering of or Coverage C. failure to render professional health care services as a physician, dentist, nurse, No ocher obligation or liability to pay sums or perform acts or services is covered unless explicitly emergency medical technician or paramedic shall be deemed to be caused by an provided for under Supplementary Paymenis — "cccurrence", but only if Coverages A and B. (a) The physician, dentist, nurse, emergency b. This insurance applies to "bodily injury" and medical technician or paramedic is "property damage"only if', employed by you to provide such services, (1) The "bodily injury" or "property damage" is and caused by an "occurrence" that takes place in the "coverage territory", (b) You are not engaged in the business or occupation of providing such services HG 00 01 06 05 Page 1 of 18 ®2005 The Hartford (includes copyrighted material of insurance Services Office, Inc with its permission) (2) For the purpose of determining the limits of d. Workers'Compensation And Similar Laws insurance for incidental medical malpractice, Any obligation of the insured under a workers' any act or omission together with all related acts compensation, disability benefits or unemployment or omissions in the furnishing of these services compensation law or any similar law to any one person will be considered one "occurrence" e. Employer's Liability 2. Exclusions "Bodily mjury"to This insurance does not apply to. (1) An "employee" of the insured arising out of and a. Expected Or Intended Injury in the course of. "Bodily injury" or "property damage" expected or (a) Employment bylhe insured,or intended from the standpoint of the insured. This (b) Performing duties related to the conduct of exclusion does not apply to "bodily injury" or the insured's business, or "property damage" resulting from the use of (2) The spouse, child, parent, brother or sister of reasonable force to protect persons or property. that "employee" as a consequence of Ill Contractual Liability Paragraph(1) above. "Bodily injury" or "property damage" for which the This exclusion applies: insured is obligated to pay damages by reason of (1) Whether the insured may be liable as an the assumption of liability in a contract or employer or in any other capacity, and agreement This exclusion does not apply to liability (2) To any obligation to share damages with or for damages repay someone else who must pay damages (1) That the insured would have in the absence of because of the injury the contract or agreement, or This exclusion does not apply to liability assumed (2) Assumed in a contract or agreement that is an by the insured under an"insured contract", "insured contract", provided the "bodily injury"or f. Pollution "property damage" occurs subsequent 10 the execution of the contract or agreement. Solely (1) "Bodily injury" or "property damage" arising out for the purposes of liability assumed in an of the actual, alleged or threatened discharge, "insured conlracl", reasonable attorney fees and dispersal, seepage, migration, release or necessary litigation expenses incurred by or for escape of "pollutants" a party other than an insured are deemed to be (a) At or from any premises, site or location damages because of "bodily injury" or"property which is or was at any time owned or damage", provided occupied by, or rented or loaned to, any (a) Liability to such party for, or for the cost of, insured However, this subparagraph does that party's defense has also been assumed not apply to in the same "insured contract", and (i) "Bodily injury" if sustained within a (b) Such attorney fees and litigation expenses building and caused by smoke, fumes, are for defense of that party against a civil or vapor or soot produced by or originating alternative dispute resolution proceeding in from equipment that is used to heat, cool which damages to which this insurance or dehumidify the building, or equipment applies are alleged, that is used to heat water for personal c. Liquor Liability use, by the building's occupants or their guests; "Bodily injury" or "property damage" for which any (ii) "Bodily injury" or "property damage" for insured may be held liable by reason of- which you may be held liable, if you are a (1) Causing or contributing to the intoxication of any contractor and the owner or lessee of person, such premises, site or location has been (2) The furnishing of alcoholic beverages to a addeo to your policy as an additional person under the legal drinking age or under the insured with respect to your ongoing influence of alcohol,or operations performed for that additional insured at that premises, site or location (3) Any statute, ordinance or regulation relating to and such premises, site or location is not the sale, gift, distribution or use of alcoholic and never was owned or occupied by, or beverages rented or loaned to, any insured, other This exclusion applies only if you are in the than that additional insured,or business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. Page 2 of 18 HG 00 01 06 05 (i(i) "Bodily injury" or "property damage" (e) At or from any premises, site or location on arising out of heal, smoke or fumes from which any insured or any contractors or a"hostile fire", subcontractors working directly or indirectly (b) At or from any premises, site or location on any insured's behalf are performing which is or was at any time used by or for operations it the operations are to test for, any insured or others for the handling, monitor, clean up, remove, contain, treat, storage, disposal, processing or treatment of detoxify or neutralize, or in any way respond waste, to, or assess the effects of, "pollutants" (c) Which are or were at any time transported, (2) Any loss,cost or expense arising out of any handled, stored, treated, disposed of, or (a) Request, demand, order or statutory or processed as waste by or for, regulatory requirement that any insured or (i) Any insured;or others test for, monitor, clean up, remove, (n) Any person or orgarnzalion for whom you contain, treat, detoxify or neutralize, or in may be legally responsible; any way respond to, or assess the effects of, pollutants ,or (d) At or from any premises, site or location on (b) Claim or suit by or on behalf of a which any insured or any contractors or governmental authority for damages subcontractors working directly or indirectly because of testing for, monitoring, cleaning on any insured's behalf are performing u removing, containing, treating, operations if the "pcllutanis" are brought on a g' r or to the premises, site or location in desponding to neutralizing, t in any way connection with such operations by such responding 10, or assessing the effects of, insured, contractor or subcontractor "pollutants" However, this subparagraph does not apply However, this paragraph does not apply to to: liability for damages because of "property Q) "Bodily injury" or "property damage" damage" that the insured would have in the arising out of the escape of fuels, absence of such request, demand, order or lubricants or other operating fluids which statutory or regulatory requirement, or such claim or"suit" by or on behalf of a governmental are needed to perform the normal authority electrical, hydraulic or mechanical functions necessary for the operation of g• Aircraft, Auto Or Watercraft "mobile equipment" or its parts, if such "Bodily injury" or "property damage" arising out of fuels, lubricants or other operating fluids the ownership, maintenance, use or entrustment to escape from a vehicle part designed to others of any aircraft, "auto" or watercraft owned or hold, store or receive them This operated by or rented or loaned to any insured. Use exception does not apply it the "bodily includes operation and"loading or unloading". injury" or"property damage" arises out of This exclusion applies even if the claims against the intentional discharge, dispersal or any insured allege negligence or other wrongdoing release of the fuels, lubricants or other in the supervision, hiring, employment, training or operating fluids, or if such fuels, monitoring of others by that insured, it the lubricants or other operating fluids are "occurrence" which caused the "bodily injury" or brought on or to the premises, site or "property damage" involved the ownership, location with the intent that they be maintenance, use or entrustment to others of any discharged,dispersed or released as part aircraft, "auto" or watercraft that is owned or of the operations being performed by operated by or rented or loaned to any insured such insured, contractor or subcontractor; This exclusion does not apply to. (h) "Bodily injury" or "properly damage" (1) A watercraft while ashore on premises you own sustained within a budding and caused or rent; by the release of gases,fumes or vapors (2) A watercraft you do not own that is: from materials brought into that building (a) Less than 51 feet long, and in connection with operations being performed by you or on your behalf by a (b) Not being used to carry persons for a contractor or subcontractor, or charge, lii "Bodilyinjury" "propertydamage" (3) Parking an "auto" on, or on the ways next to, ( ) or g premises you own or rent, provided the "auto"u arising our of heat, smoke or fumes from a"hostile fire", or not owned by or rented or loaned to you or the insured, i FIG 00 01 06 05 Page 3 of 18 (4) Liability assumed under any "insured contract" working directly or indirectly on your behalf are for the ownership, maintenance or use of performing operations, if the "property damage" aircraft or watercraft; arises out of those operations, or (5) "Bodily injury" or "property damage" arising out (6) That particular part of any property that must be of the operation of any of the equipment listed in restored, repaired or replaced because "your Paragraph f(2) or f(3) of the definition of work"was incorrectly performed on it, "mobile equipment"; or Paragraphs (1), (3) and (4) of this exclusion do not (6) An aircraft that is not owned by any insured and apply to "property damage" (other than damage by is hired, chartered or loaned with a paid crew fire) to premises, including the contents of such However, this exception does not apply if the premises, rented to you for a period of 7 or fewer insured has any other insurance for such"bodily consecutive days, A separate limit of insurance injury" or "property damage", whether the other applies to Damage To Premises Rented To You as insurance is primary, excess, contingent or on described in Section III— Limits Of Insurance any other basis Paragraph (2) of this exclusion does not apply if the h. Mobile Equipment premises are "your work"and were never occupied, "Bodily injury"or"property damage"arising out of. rented or held for rental by you, (1) The transportation of "mobile equipment" by an Paragraphs (3) and (4) of this exclusion do not "auto"owned or operated by or rented or loaned apply to "property damage" arising from the use of to any insured; or elevators. (2) The use of "mobile equipment" in, or while in Paragraphs(3), (4), (5) and (6)of this exclusion do practice for, or while being prepared for, any not apply to liability assumed under a sidetrack prearranged racing, speed, demohlion, or agreement, stunting activity Paragraphs (3) and (4) of this exclusion do not r. War apply to "property damage"to borrowed equipment "Bodily injury" or "property damage", however while not being used to perform operations at the caused, arising, directly or indirectly, out of job site (1) War,including undeclared or civil war, Paragraph this exclusion does not apply to property damage" included in the products- (2) Warlike action by a military force, including completed operations hazard" action in hindering or defending against an k. Damage To Your Product actual or expected attack, by any government, sovereign or other authority using military "Property damage"to "your product"arising out of it personnel or other agents, or or any part of it (3) Insurrection, rebellion, revolution, usurped I. Damage To Your Work power, or action taken by governmental "Property damage"is "your work"arising out of it or authority in hindering or defending against any any part of it and included in the "products- of these completed operations hazard" j. Damage To Property This exclusion does not apply if the damaged work "Property damage"to or the work out of which the damage arises was 1 Property you own, rent or occupy, including an performed on your behalf by a subcontractor, O P YY � PY� 9 Y costs or expenses incurred by you, or any other m. Damage To Impaired Property Or Property Not person, organization or entity, for repair, Physically Injured replacement, enhancement, restoration or "Properly damage" to "impaired property" or maintenance of such property for any reason, property that has not been physically injured, including prevention of injury to a person or arising out of damage to another's property, (1) A defect, deficiency, inadequacy or dangerous (2) Premises you sell, give away or abandon, if the condition in"your product"or"your work",or "property damage" arises out of any part of (2) A delay or failure by you or anyone acting on those premises, your behalf to perform a contract or agreement (3) Properly loaned to you, in accordance with its terms (4) Personal property in the care, custody or control This exclusion does not apply to the loss of use of of the insured, other properly arising out of sudden and accidental (5) Thai particular part of real property on which physical injury to 'your product" or"your work" after you or any contractors or subcontractors it has been put to its intended use Page 4 of 18 HG 00 01 06 05 n. Recall Of Products, Work Or Impaired kind to persons or property which would not Property have occurred in whole or in part but for the Damages claimed for any loss, cost or expense "asbestos hazard", incurred by you or others for the loss of use, (b) Arise out of any request, demand, order or withdrawal, recall, inspection, repair, replacement, statutory or regulatory requirement that any adjustment, removal or disposal of insured or others test for, monitor, clean up, (1) "Your product"; remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or (2) "Your work", or assess the effects of an "asbestos hazard", (3) "Impaired property"; or if such product, work, or property is withdrawn or (c) Arise out of any claim or suit for damages recalled from the market or from use by any person because of testing for, monitoring, clearing or organization because of a known or suspected up, removing, encapsulating, containing, defect, deficiency, inadequacy or dangerous treating, deloxifyirg or neutralizing or in any condition in it way responding to or assessing the effects o. Personal And Advertising Injury of an"asbestos hazard" 'Bodily irjury" arising out of "personal and Damage To Premises Rented To You — Exception advertising injury". For Damage By Fire,Lightning Or Explosion p. Electronic Data Exclusions c.through h and 1 through n, do not apply to damage by fire, lightning or explosion to premises Damages arising out of the loss of, loss of use of, while rented to you or temporarily occupied by you with damage to, corruption of, inability to access, or permission of the owner A separate limit of insurance inability to manipulate electronic data applies to this coverage as described in Section III — As used in this exclus;on, electronic data means Limits Of Insurance, information, facts or programs stored as or on, COVERAGE B PERSONAL AND ADVERTISING created or used on, or transmitted to or from INJURY LIABILITY computer software, including systems and applications software, hard or floppy disks, CD- 1. Insuring Agreement ROMS, tapes, drives, cells, data processing a. We will pay those sums that the insured becomes devices or any other media which are used with legally obligated to pay as damages because of electronically controlled equipment "personal and advertising injury" to which this q. Employment-Related Practices insurance applies We will have the right and duty "Bodily injury"to: to defend the insured against any "suit" seeking those damages However, we will have no duty to (1) A person arising out of any "employment— defend the insured against any "suit" seeking related practices", or damages for "personal and advertising injury" to (2) The spouse, child, parent, brother or sister of which this insurance does not apply We may, at that person as a consequence of "bodily mlury" our discretion, investigate any offense and settle to that person at whom any "employment- any claim or "suit"that may result But: related practices"are directed (1) The amount we will pay for damages is limited This exclusion applies as described in Section III — Limits Of (1) Whether the insured may be liable as an Insurance, and employer or in any other capacity, and (2) Our right and duty to defend end when we have (2) To any obligation to share damages with or used up the applicable limit of insurance in the repay someone else who must pay damages payment of judgments or settlements under because of the injury Coverages A or B or medical expenses under Coverage C r. Asbestos No other obligation or liability to pay sums or (1) "Bodily injury" or "property damage" arising out perform acts or services is covered unless explicitly of the "asbestos hazard provided for under Supplementary Payments — (2) Any damages, judgments, settlements, loss, Coverages A and B. costs or expenses that b. This insurance applies to "personal and advertising (a) May be awarded or incurred by reason of injury" caused by an offense arising out of your any claim or suit alleging actual or business but only if the offense was committed in threatened injury or damage of any nature or the "coverage territory"during the policy period HG 00 01 06 05 Page 5 of 18 2. Exclusions (2) Slogan, unless the slogan is also a trademark, This insurance does not apply to: trade name, service mark or other designation of origin or authenticity, or a. Knowing Violation Of Rights Of Another (3} Title of any literary or artistic work. "Personal and advertising injury" arising out of an offense committed by, at the direction or with the j• Insureds In Media And Internet Type consent or acquiescence of the insured with the Businesses expectation of inflicting "personal and advertising "Personal and advertising injury" committed by an injury" insured whose business is: b. Material Published With Knowledge Of Falsity (1) Advertising, broadcasting, publishing or "Personal and advertising injury" arising out of oral, telecasting, written or electronic publication of material, if done (2) Designing or determining content of web sites by or at the direction of the insured with knowledge for others; or of its falsity (3) An Internet search, access, content or service c. Material Published Prior To Policy Period provider "Personal and advertising injury" arising out of oral, However, this exclusion does not apply 10 written or electronic pubhoat,on of material whose Paragraphs 17.a., b, and c. of "personal and first publication took place before the beginning of advertising injury" under the Definitions Section the policy period, For the purposes of this exclusion, placing an d. Criminal Acts "advertisemenl"for or linking to others on your web "Personal and advertising injury" arising out of a site, by itself, is not considered the business of criminal act committed by or at the direction of the advertising, broadcasting, publishing or telecasting. insured, k. Electronic Chatrooms Or Bulletin Boards e. Contractual Liability "Personal and advertising injury" arising out of an "Personal and advertising injury" for which the electronic chalroom or bulletin board the insured insured has assumed liability in a contract or hosts, owns, or over which the insured exercises agreement This exclusion does not apply to liability control for damages that the insured would have in the I. Unauthorized Use Of Another's Name Or absence of the contract or agreement, Product f. Breach Of Contract "Personal and advertising injury" arising out of the "Personal and advertising injury" arising out of a unauthorized use of another's name or product in breach of contract, except an implied contract to use your -mauladdress, tactics tomi s lead e or slead anoelgs, or s another s advertising idea' in your 'advertisement any o similar g. Quality Or Performance Of Goods — Failure To potential customers Conform To Statements M. Pollution "Personal and advertising injury" arising out of the "Personal and advertising injury" arising out of the failure of goods, products or services to conform actual, alleged or threatened discharge, dispersal, with any statement of quality or performance made seepage, migration, release or escape of in your"advertisement" "pollutants" at any time h. Wrong Description Of Prices n. Pollution-Related "Personal and advertising injury" arising out of the Any loss,cost or expense arising out of any, wrong description of the price of goods, products or (1) Request, demand, order or statutory or services regulatory requirement that any insured or I. Infringement Of Intellectual Property Rights others test for, monitor, clean up, remove, n F „ , contain, treat, detoxlfv or neutralize. or in any "Personal and advcr,i i„g in;x arising out of any way respond to, or assess the effects of, violation of any intellectual property rights such as "pollutants";or copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin (2) Claim or suit by or on behalf of a governmental or authenticity authority for damages because of testing for, However, this exclusion does not apply to monitoring, cleaning up, removing, containing, infringement, in your"advertisement",of treating, detoxifying or neutralizing, or in any way responding to or assessrnc the effects of, (1) Copyright, "pollutants" Page 6 of 18 HG 00 01 06 05 o. War (2) The spouse, child, parent, brother or sister of "Personal and advertising injury", however caused, that person as a consequence of "personal and arising, directly or indirectly,out of advertising injury" to that person at whom any (1) War,including undeclared or civil war, 'employment-related practices"are directed (2) Warlike action by a military force, including This exclusion applies- action in hindering or defending against an (1) Whether the insured may be liable as an actual or expected attack, by any government, employer or in any other capacity,and sovereign or other authority using military (2) To any obligation to share damages with or personnel or other agents; or repay someone else who must pay damages (3) Insurrection, rebellion, revolution, usurped power, because of the injury or action taken by governmental authority in v. Asbestos hindering or defending against any of these (1) "Personal and advertising injury" arising out of p. Internet Advertisements And Content Of Others the "asbestos hazard". 'Personal and advertising injury"arising out of (2) Any damages, judgments, settlements, loss, (1) An"advertisemeni"for others on your web site; costs or expenses that. (2) Placing a link to a web site of others on your (a) May be awarded or incurred by reason of web site any claim or suit alleging actual or (3) Content, including information, sounds, text, threatened injury or damage of any nature or graphics, or images from a web site of others kind to persons or property which would not displayed within a frame or border on your web have occurred in whole or in earl but for the site,or "asbestos hazard"; (b) Anse out of any request, demand, order or (4) Computer code, software or programming used statutory or regulatory requirement that any to enable insured or others lest for, monitor, clean up, (a) Your web site, or remove, encapsulate, contain, treat, detoxify (b) The presentation or functionality of an or neutralize or in any way respond to or "advertisement" or other content on your assess the effects of an "asbestos hazard", web site or q. Right Of Privacy Created By Statute (c) Arise out of any claim or suit for damages "Personal and advertising injury" arising out of the because of testing for, monitoring, cleaning violation of a person's right of privacy created by tie removing, encapsulating, containing, treating, detoxifying or neutralizing or y any slate or federal act, way responding to or assessing the effects However, this exclusion does not apply to liability of an"asbestos hazard" for damages that the insured would have in the COVERAGE C MEDICAL PAYMENTS absence of such state or federal act r. Violation Of Anti-Trust law 1. Insuring Agreement a. We will pay medical expenses as described below "Personal and advertising injury" arising out of a for"bodily injury" caused by an accident violation of any anti-trust law (1) On premises you own or rent, s. Securities "Personal and advertising injury" arising out of the (2) On ways next to premises you own or rent,or flucivalion in price or value of any stocks, bonds or (3) Because of your operations, other securities provided that: t. Discrimination Or Humiliation (1) The accident takes place in the "coverage "Personal and advertising in�urv" arising out of territory"and during the policy period- discrimination or humiliation committed by or at the (2) The expenses are incurred and reported to us direction of any "executive officer", director, within three years of the date of the accident, stockholder, partner or member of the insured and u. Employment-Related Practices (3) The injured person submits to examination, at "Personal and advertising injury"to, our expense, by physic,ans of our choice as (1) A person arising out of any "employment— often as we reasonably require relaied practices", or HG 00 01 06 05 Page 7 of 18 b. We will make these payments regardless of fault. e. All costs taxed against the insured in the"suit". These payments will not exceed the applicable limit f. Prejudgment interest awarded against the insured of insurance We will pay reasonable expenses for, on that part of the judgment we pay If we make an (1) First aid administered at the time of an accident; offer to pay the applicable limit of insurance, we will (2) Necessary medical, surgical, x-ray and dental not pay any prejudgment interest based on that services, including prosthetic devices,and period of time after the offer (3) Necessary ambulance, hospital, professional g• All interest on the full amount of any judgment that nursing and funeral services accrues after entry of the judgment and before we 2. Exclusions have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable We will not pay expenses for"bodily injury" limit of insurance a. Any Insured These payments will not reduce the limits of insurance To any insured, except"volunteer workers" 2. If we defend an insured against a "suit" and an b. Hired Person indemnitee of the insured is also named as a party to To a person hired to do work for or on behalf of any the "suit", we will defend that indemnitee if all of the insured or a tenant of any insured following conditions are met c. Injury On Normally Occupied Premises a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of To a person injured on that part of premises you the indemnitee in a contract or agreemenllhal is an own or rent that the person normally occupies "insured contract", d Workers Compensation And Similar Laws b. This insurance applies to such liability assumed by To a person, whether or not an "employee" of any the insured, insured, if benefits for the "bodily injury" are payable c. The obligation to defend, or the cost of the defense or must be provided under a workers' compensation of, that indemnitee, has also been assumed by the or disability benefits law or a similar law insured in the same"insured contract", e. Athletics Activities d. The allegations in the "suit" and the information we To a person injured while practicing, instructing or know about the "occurrence" are such that no parlicipatmg in any physical exercises or games, conflict appears to exist between the mterests of sports, or athletic contests the insured and the interests of the mdemmiee, f. Products-Completed Operations Hazard e. The indemnitee and the insured ask us to conduct Included within the "producls-completed operations and control the defense of that indemnitee against hazard" such suit and agree that we can assign the same counsel to defend the insured and the indemnitee, g. Coverage A Exclusions and Excluded under Coverage A. f. The indemnitee SUPPLEMENTARY PAYMENTS — COVERAGES (1) Agrees in writing to' A AND B (a) Cooperate with us in the investigation, 1. We will pay, with respect to any claim we investigate or settlement or defense of the"suit", settle,or any"suit"against an insured we defend (b) Immediately send us copies of any a. All expenses we incur demands, notices, summonses or legal b. Up to $1,000 for cost of bail bonds required papers received in connection with the "suit", because of accidents or traffic law violations arising (c) Not fy any other insurer whose coverage is out of the use of any vehicle to which the Bodily available to the indemnitee,and Injury Liability Coverage applies We do not have to furnish these bonds (d) Cooperate with us with respect to coordinating other applicable Insurance c. The cost of appeal bonds or bonds to release available to the indemnitee;and attachments, but only for bond amounts within the (2) Provides us with written authorization to, applicable limit of insurance. We do not have to furnish these bonds (a) Obtain records and other information related d. All reasonable expenses incurred by the insured at to the"suit", and our request to assist us in the investigation or (b) Conduct and control the defense of the defense of the claim or "suit", including actual Icss indemnitee in such "suil" of earnings up to $500 a day because of time off So long as the above conditions are met, attorneys' from work fees incurred by us in the defense of that indemnitee, Page 8 of 18 HG 00 01 06 05 necessary litigation expenses incurred by us and However, none of these "employees" or "volunteer necessary litigation expenses incurred by the workers"are insureds for: indemnitee at our request will be paid as (1) "Bodily injury" or "personal and advertising Supplementary Payments Notwithstanding the injury" provisions of Paragraph 2.b (2) of Section I — Coverage A — Bodily Injury And Property Damage (a) To you, to your partners or members (if you Liability, such payments will not be deemed to be are a partnership or joint venture), to your damages for"bodily injury"and"property damage"and members (if you are a limited liability will not reduce the limits of insurance company), to a co-"employee" while in the course of his or her employment or Our obligation to defend an insured's mdemndee and performing duties related to the conduct of to pay for attorneys' fees and necessary litigation your business, or 10 your other "volunteer expenses as Supplementary Payments ends when. workers" while performing duties related to a. We have used up the applicable limit of insurance the conduct of your business, in the payment of judgments or settlements,or (b) To the spouse, child, parent, brother or sister b. The conditions set forth above, or the terms of the of that co-"employee" or that "volunteer agreement described in Paragraph f, above, are no worker" as a consequence of Paragraph longer met (1)(a) above, SECTION II—WHO IS AN INSURED (c) For which there is any obligation to share 1. If you are designated in the Declarations as- damages with or repay someone else who must pay damages because of the injury a. An individual, you and your spouse are insureds, described in Paragraphs (1)(a) or (b) above, but only with respect to the conduct of a business or of which you are the sole owner b. A partnership or joint venture, you are an insured (d) proArivide out fe his n her providing er tailing io Your members, your partners, and then spouses provide professional health care services. are also insureds, but only with respect to the If you are not in the business of providing conduct of your business professional health care services, Paragraph (d) does not apply to any nurse, emergency c. A limited liability company, you are an insured, medical technician or paramedic employed by Your members are also insureds, bud only with you to provide such services respect to the conduct of your business Your managers are insureds, but only with respect to (2) "Property damage'toproperty: their duties as your managers. (a) Owned, occupied or used by, d. An organization other than a partnership, joint (b) Rented to, in the care, custody or control of, venture or limited liability company, you are an or over which physical control is being insured Your "executive officers" and directors are exercised for any purpose by insureds, but only with respect to their duties as you, any of your "employees", "volunteer your officers or directors Your stockholders are workers", any partner or member (if you are a also insureds, but only with respect to their liability partnership or joint venture), or any member (if as stockholders you are a limited liability company), e. A trust, you are an insured Your trustees are also b. Real Estate Manager insureds, but only with respect to their duties as Any person (other than your "employee" or trustees "volunteer worker"), or any organization while 2. Each of the following is also an insured. acting as your real estate manager a. Employees and Volunteer workers c. Temporary Custodians of Your Property Your "volunteer workers" only while performing Any person or organization having proper duties related to the conduct of your business, or temporary custody of your propertv if you die but your "employees", other than either your "executve only officers" (if you are an organization other than a partnership, joint venture or limited liability (1) With respect to liability arising out of the company) or your managers (if you are a limited maintenance or use of that property, and liability company), but only for acts within the scope (2) Until your legal representative has been of their employment by you or while performing appointed duties related to the conduct of your business d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such That represen�ative will H G 00 01 06 05 Page 9 of 18 have all your rights and duties under this Coverage 5. Nonowned Watercraft Part With respect to watercraft you do not own that is less e. Unnamed Subsidiary than 51 feel long and is not being used to carry Any subsidiary, and subsidiary thereof, of yours persons for a charge, any person is an insured while which is a legally incorporated entity of which you operating such watercraft with your permission Any own a financial interest of more than 50% of the other person or organization responsible for the voting stock on the effective date of the Coverage conduct of such person is also an insured, but only Part with respect to liability arising out of the operation of The insurance afforded herein for any subsidiary the watercraft, and only if no other insurance of any not named in this Coverage Part as a named kind is available to that person or organization for this liability insured does not apply to injury or damage with respect to which an insured under this Coverage However, no person or organization is an insured with Part is also an insured under another policy or respect to would be an insured under such policy but for its a. "Bodily injury" to a co-"employee" of the person termination or the exhaustion of its limits of operating the watercraft, or insurance b. "Property damage"to property owned by, rented to, 3. Newly Acquired or Formed Organization in the charge of or occupied by you or the employer Any organization you newly acquire or form,other than of any person who is an insured under this a partnership, joint venture or limited liability company, provision. and over which you maintain financial interest of more 6. Additional Insureds When Required By Written than 50% of the voting stock, will quality as a Named Contract,Written Agreement Or Permit Insured H there is no other similar insurance available The following person(s) or organization(s) are an to that organization However. additional insured when you have agreed, in a written a. Coverage under this provision rs afforded only until contract, written agreement or because of a permit the 1801h day after you acquire or form the issued by a state or political subdivision, that such organization or the end of the policy period, person or organization be added as an additional whichever is earlier; insured on your policy, provided the injury or damage b. Coverage A does not apply to "bodily injury" or occurs subsequent to the execution of the contract or "property damage" that occurred before you agreement acquired or formed the organization;and A person or organization is an additional insured under c. Coverage B does not apply to "personal and this provision only for that period of time required by advertising injury" arising out of an offense the contract or agreement committed before you acquired or formed the However, no such person or organization is an insured organization under this provision it such person or organization is 4. Mobile Equipment included as an insured by an endorsement issued by With respect to "mobile equipment" registered in your us and made a part of this Coverage Part name under any motor vehicle registration law, any a. Vendors person is an insured while driving such equipment Any person(s) or organization(s) (referred to below along a public highway with your permission Any other as vendor), but only with respect to "bodily injury" person or organization responsible for the conduct of or "properly damage" arising out of "your products" such person is also an insured, but only with respect to which are distributed or sold in the regular course liability arising out of the operation of the equipment, of the vendor's business and only if this Coverage and only if no other insurance of any kind is available Part provides coverage for "bodily injury" or to that person or organization for this liability. However, "property damage" included within the "products- no person or organization is an insured with respect to completed operations hazard". a. "Bodily injury" to a cc-"employee" of the person (1) The insurance afforded the wendor is subjcci to driving the equipment, or the following additional exclusions b. "Property damage"to property owned by,rented to, This insurance does not apply to in the charge of or occupied by you or the employer (a) "Bodily injury" or "property damage" for of any person who is an insured under this which the vendor is obligated to pay provision damages by reason of the assumption of liability in a contract or agreement This exclusion does not apply ro liability for damages that the vendor would have in the absence of the contract or agreement, Page 10 of 18 HG 00 01 06 05 2 (b) Any express warranty unauthorized by you; c. Lessors of Land or Premises (c) Any physical or chemical change in the Any person or organization from whom you lease product made intentionally by the vendor, land or premises, but only with respect to liability (d) Repackaging, except when unpacked solely arising out of the ownership, maintenance or use of for the purpose of inspection, demonstration, that part of the land or premises leased to you. testing, or the substitution of parts under With respect to the insurance afforded these �nstruclions from the manufacturer, and then additional insureds the following additional repackaged in the original container; exclusions apply (e) Any failure to make such inspections, This insurance does not apply lo: adjustments,tests or servicing as the vendor 1. Any "occurrence" which takes place after you has agreed 10 make or normally undertakes cease to lease that land, or 10 make in the usual course of business, in connection with the distribution or sale of the 2. Structural alterations, new construction or products, demolition operations performed by or on behalf (f) Demonstration, installation, servicing or of such person or organization repair operations, except such operations d. Architects, Engineers or Surveyors performed a1 the vendor's premises in Any architect, engineer, or surveyor, but only with connection with the sale of the product, respect to liability for "bodily injury", "property (g) Products which, after distribution or sale by damage" or "personal and advertising injury" you, have been labeled or relabeled or used caused, in whole or in part, by your acts or as a container, part or ingredient of any omissions or the acts or omissions of those acting other thing or substance by or for the on your behalf vendor;or (1) In connection with your premises;or (h) "Bodily injury" or "property damage" arising (2) In the performance of your ongoing operations out of the sole negligence of the vendor for performed by you or on your behalf its own acts or omissions or those of its With respect io the insurance afforded these employees or anyone else acting on its additional insureds, the following additional behalf However, this exclusion does not exclusion applies apply to. i The exceptions contained in Sub- This insurance does not apply to "bodily injuryg O P "properly damage" or "personal and advertising paragraphs (d)or(f), or injury" arising out of the rendering of or the failure (it) Such inspections, adjustments, tests or to render any professional services by or for you, servicing as the vendor has agreed to including- make or normally undertakes to make in 1. The preparing, approving, or failing to prepare the usual course of business, in or approve, maps, shop drawings, opinions, connection with the distribution or sale of reports, surveys, field orders, change orders or the products, drawings and specifications;or (2) This insurance does not apply 10 any insured 2. Supervisory, inspection, architectural or person or organization, from whom you have engineering activrties. acquired such products, or any ingredient, part e. Permits Issued By State Or Political or container, entering into, accompanying or Subdivisions containing such products. b. Lessors of Equipment Any state or political subdivision, but only with respect to operations performed by you or on your (1) Any person or organization from whom you behalf for which the state or political subdivision lease equipment, but only with respect to their has issued a permit liability for "bodily injury", "property damage" or "personaV and advertising injury" caused, in Wilh respect io the insurance afforded these whole or in part, by your maintenance, operation additional insureds, this insurance does not apply or use of equipment leased 10 you by such to: person or organization (1) "Bodily injury", "property damage" or "personal (2) With respect to the insurance afforded to these and advertising injury" arising out of operations additional insureds this insurance does not performed for the stale or municipality,or apply to any "occurrence" which lakes place (2) "Bodily injury" or "property damage" included after the equipment lease expires within the "producls-completed operations hazard" HG 00 01 06 05 Page 11 of 18 f. Any Other Party c. Persons or organizations making claims or bringing Any other person or organization who is not an "suits", insured under Paragraphs a through a above, but 2. General Aggregate Limit only with respect to liability for "bodily injury", The General Aggregate LJmit is the most we will pay "property damage" or "personal and advertising for the sum of injury" caused, in whole or in part, by your acts or a. Medical expenses under Coverage C; omissions or the acts or omissions of those acting on your behalf b. Damages under Coverage A, except damages (1) In the performance of your ongoing operations; because of "bodily injury" or "property damage" included in the "products-completed operations (2) In connection with your premises owned by or hazard", and rented to you;or c. Damages under Coverage B. (3) In connection with "your work" and included within the "products-completed operations 3. Products-Completed Operations Aggregate Limit hazard", but only if The Products-Completed Operations Aggregate Limit (a) The written contract or agreement requires is the most we will pay under Coverage A for damages you to provide such coverage to such because of "bodily injury" and "property damage" additional insured, and included in the "products-completed operations (b) This Coverage Part provides coverage for hazard" "bodily injury" or "property damage" included 4• Personal and Advertising Injury Limit within the "products-completed operations Subject to 2. above, the Personal and Advertising hazard" Injury Limit is the most we will pay under Coverage B With respect to the insurance afforded to these for the sum of all damages because of all "personal additional insureds, this insurance does not apply and advertising injury" sustained by any one person or to: organization "Bodily injury", "property damage" or "personal and S. Each Occurrence Limit advertising injury" arising out of the rendering of, or Subject to 2. or 3, above, whichever applies, the Each the failure to render, any professional architectural, Occurrence Limit is the most we will pay for the sum engineering or surveying services, including of (1) The preparing, approving, or fading to prepare a. Damages under Coverage A;and or approve, maps, shop drawings, opinions, b. Medical expenses under Coverage C reports, surveys, field orders, change orders or because of all "bodily injury" and "property damage" drawings and specifications, or(2) Supervisory, inspection, architectural or arising out of any one occurrence' , engineering activities 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented The limits of insurance that apply to additional insureds To You Limit is the most we will pay under Coverage A under this provision is described in Section III — Limits for damages because of"property damage"to any one Of Insurance premises, while rented to you, or in the case of How this insurance applies when other insurance is damage by fire, lightning or explcsion, while rented to available to the additional insured is described in the you or temporarily occupied by you with permission of Other Insurance Condition in Section IV— Commercial the owner General Liability Conditions In the case of damage by fire, lightning or explosion, No person or organization is an insured with respect to the the Damage to Premises Rented To You Limit applies conduct of any current or past partnership,joint venture or to all damage proximately caused by the same event, limited liability company that is not shown as a Named whether such damage results from fire, lightning or Insured in the Declarations, explosion or any combination of these SECTION III—UMITS Or In.Bllo"^.RCE 1. The Most We will Pay 7. Medical Expense Limrt Subject to 5. above, the Medical Expense Limit is the The Limits of Insurance shown in the Declarations and most we will pay under Coverage C for all medical the rules below fix the most we will pay regardless of expenses because of "bodily injury" sustained by any the number of: one person a Insureds, B How Limits Apply To Additional Insureds b Claims made or"suits"brought;or If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 added as an additional insured on your policy, the (3) Cooperate with us in the investigation or most we will pay on behalf of such additional insured is settlement of the claim or defense against the the lesser of "suit", and a. The limits of insurance specified in the written (4) Assist us, upon our request, in the enforcement of contract or written agreement, or any right against any person or organization which b. The Limits of Insurance shown in the Declarations. may be liable to the insured because of injury or Such amount shall be a part of and not in addition to damage to which this insurance may also apply. Limits of Insurance shown in the Declarations and d. Obligations At The Insureds Own Cost described in this Section No insured will, except at that insured's own cost, The Limits of Insurance of this Coverage Part apply voluntarily make a payment, assume any separately to each consecutive annual period and to any obligation, or incur any expense, other than for first remaining period of less than 12 months, starting with the aid,without our consent, beginning of the policy period shown in the Declarations, e. Additional Insureds Other Insurance unless the policy period is extended after issuance for an If we cover a claim or "suit" under this Coverage additional oenod of less than 12 months In that case, the Part that may also be covered by other insurance additional period will be deemed part of the last preceding available to an additional insured, such additional period for purposes of determining the Limits of Insurance insured must submit such claim or "suit" to the SECTION IV — COMMERCIAL GENERAL LIABILITY other insurer for defense and indemnity CONDITIONS However, this provision does not apply to the 1. Bankruptcy extent that you have agreed in a written contract or Bankruptcy or insolvency of the insured or of the written agreement that this insurance is primary insured's estate will not relieve us of our obligations and non-coniributory with the additional insured's under this Coverage Part own insurance. 2. Duties In The Event Of Occurrence, Offense, Claim f Knowledge Of An Occurrence, Offense, Claim Or Suit Or Suit a. Notice Of Occurrence Or Offense Paragraphs a. and b. apply to you or to any You or any additional insured must see 10 it that we additional insured only when such "occurrence", offense,claim or"suit"is known to, are notified as soon as practicable of an occurrence or an offense which may result in a (1) You or any additional insured that is an claim To the extent possible,notice should include: individual; (1) How, when and where the "occurrence" or (2) Any partner, if you or an additional insured is a offense took place, partnership; (2) The names and addresses of any injured (3) Any manager, if you or an additional insured is a persons and witnesses, and limited liability company, (3) The nature and location of any injury or damage (4) Any "executive officer"or insurance manager, if arising out of the "occurrence"or offense you or an additional insured is a corporation, b. Notice Of Claim (5) Any trustee, if you or an additional insured is a If a claim is made or "suit" is brought against any trust,or insured,you or any additional insured must: (6) Any elected or appointed official, if you or an additional insured is a political subdivision or (1) Immediately record the specifics of the claim or public entity "suit"and the date received, and (2) Notify us as soon as practicable This duty applies separately to you and any additional insured You or any additional insured must see to it that we 3. Legal Action Against Us receive written notice of the Maim nr "suit" as soon as practicable No person or organization has a right under this c. Assistance And Cooperation Of The insured Coverage Part a. To join us as a party or otherwise bring us into a You and any other involved insured must "suit" asking for damages from an insured,or (1) Immediately send us copies of any demands, b. To sue us on this Coverage Part unless all of its notices, summonses or legal papers received in terms have been fully complied with connection with the claim or"suit", (2) Authorize us to obtain records and other A Person or organization may sue us to recover on an agreed settlement or on a final judgment against an information, insured, but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 01 06 05 Page 13 of 18 that are in excess of the applicable limit of insurance. (7) When You Add Others As An Additional An agreed settlement means a settlement and release Insured To This Insurance of liability signed by us,the insured and the claimant or Any other insurance available to an additional the claimant's legal representative insured. 4. Other Insurance However, the following provisions apply to other If other valid and collectible insurance is available to insurance available 10 any person or the insured for a loss we cover under Coverages A or organization who is an additional insured under B of this Coverage Part, our obligations are limited as this coverage part. follows: (a) Primary Insurance When Required By a. Primary Insurance Contract This insurance is primary except when b. below This insurance is primary if you have agreed applies If other insurance is also primary, we will in a written contract or wtitten agreement share with all that other insurance by the method that this insurance be primary. If other described in c below insurance is also primary, we will share with b. Excess Insurance all that other insurance by the method This insurance is excess over any of the other described in c. below. insurance, whether primary, excess, contingent or (b) Primary And Non-Contributory To Other on any other basis: Insurance When Required By Contract (1) Your Work If you have agreed in a written contract, written agreement, or permit that this That is Fire, Extended Coverage, Builder's Risk, insurance is primary and non-contributory Installation Risk or similar coverage for "your with the additional insured's own insurance work", this insurance is primary and we will not (2) Premises Rented To You seek contribution from that other insurance. That is fire, lightning or explosion insurance for Paragraphs (a) and (b) do not apply to other premises rented to you or temporarily occupied insurance to which the additional insured has by you with permission of the owneF, been added as an additional insured (3) Tenant Liability When this insurance is excess, we will have no That is insurance purchased by you to cover duty under Coverages A or B to defend the insured your liability as a tenant for "property damage" against any "suit" if any other insurer has a duty to to premises rented to you or temporarily defend the insured against that "suu" If no other insurer defends, we will undertake to do so but we occupied by you with permission of the owner, will be entitled to the insured's rights against all (4) Aircraft,Auto Or Watercraft those other insurers If the loss arises out of the maintenance or use When this insurance is excess over other of aircraft "autos" or watercraft to the extent not insurance, we will pay only our share of the amount subject to Exclusion g of Section I - Coverage of the loss, if any, that exceeds the sum of A - Bodily Injury And Property Damage Liability, (1) The total amount that all such other insurance (5) Property Damage to Borrowed Equipment Or would pay for the loss in the absence of this Use Of Elevators insurance, and If the loss arises out of "property damage" to (2) The total of all deductible and self-insured borrowed equipment or the use of elevators to amounts under all that other insurance the extent not subject to Exclusion I of Section I - Coverage A - Bodily Injury And Property We will share the remaining loss, if any, with any Damage Liability, other insurance that is not described in this Excess Insurance provision and was not bought specifically (6) When You Are Added As An Additional to apply in excess of the Lim,ts of Insurance showninsured To Orher Insurance in the Declarations of this Coverage Part Any other insurance available to you covering c. Method Of Sharing liability for damages arising out of the premises If all of the other insurance permits contribution by or operations, or products and completed operations, for which you have been added as equal shares,we will follow this method also Under an additional insured by that insurance, or this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first Page 14 of 18 HG 00 01 06 05 If any of the other insurance does not permit insured will bring"suit"or transfer those rights to us contribution by equal shares, we will contribute by and help us enforce them limits Under this method, each insurer's share is b. Waiver Of Rights Of Recovery (Waiver Of based on the ratio of its applicable limit of Subrogation) insurance to the total applicable limits of insurance of all insurers If the insured has waived any rights of recovery 5. Premium Audit against any person or organization for all or part of any payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Part, we also Part in accordance with our rules and rates waive that right, provided the insured waived their b Premium shown in this Coverage Part as advance rights of recovery against such person or premium is a deposit premium only At the close of organization in a contract, agreement or permit that each audit period we will compute the earned was executed prior to the injury or damage. premium for that period and send notice to the first 9. When We Do Not Renew Named Insured. The due date for audit and If we decide not to renew this Coverage Part, we will retrospective premiums is the date shown as the mail or deliver 10 the first Named Insured shown in the due date on the bill. If the sum of the advance and Declarations written notice of the nonrenewal not less audit premiums paid for the policy period is greater than 30 days before the expiration date than the earned premium, we will return the excess to,he first Named Insured If notice is mailed, proof of mailing will be sufficient proof of notice c. The first Named insured must keep records of the SECTION V—DEFINITIONS information we need for premium computation, and send us copies at such times as we may request 1 "Advertisement" means the widespread public 6. Representations dissemination of information or images that has the a. When You Accept This Policy purpose of inducing the sale of goods, products or services through: By accepting this policy,you agree- a (1) Radio; (1) The statements in the Declarations are accurate (2) Television; and complete, (3) Billboard; (2) Those statements are based upon representations you made to us;and (4) Magazine, (3) We have issued this policy in reliance upon your (5) Newspaper, or representations b. Any other publication that is given widespread b. Unintentional Failure To Disclose Hazards public distribution If unintentionally you should fail to disclose all However, "advertisement" does not include, hazards relating to the conduct of your business a. The design, printed material, information or images that exist at the inception date of this Coverage contained in, on or upon the packaging or labeling Part, we shall not deny coverage under this of any goods or products; or Coverage Part because of such failure, b. An interactive conversation between or among 7 Separation Of Insureds persons through a computer network Except with respect to the Limits of Insurance, and any 2. "Advertising idea" means any idea for an rights or duties specifically assigned in this Coverage "advertisement" Part to the first Named Insured,this insurance applies, 3. "Asbestos hazard" means an exposure or threat of a. As if each Named Insured were the only Named exposure 10 the actual or alleged properties of Insured, and asbestos and includes the mere presence of asbestos b. Separately to each insured against whom claim is in any form. made or"suit"is brought 4, "Auto" mearib d land mmor vehicle, ualer or semitrailer 8. Transfer Of Rights Of Recovery Against Others To designed for travel on public roads, including any Us attached machinery or equipment But "auto" does not a Transfer of Rights Of Recovery include"mobile equipment" If the insured has rights to recover all or part of any 5. "Bodily injury"means physical, payment, including Supplementary Payments, we a. Injury; have made under this Coverage Part, those rights b. Sickness, or are transferred to us The insured must do nothing c. Disease after loss to impair them At our request, the sustained by a person and, if arising out of the above, mental anguish or death at any time HG 00 01 06 05 Page 15 of 18 MMMMMMW 6. "Coverage territory"means: rented to you or temporarily occupied by you with a. The United States of America (including its territories permission of the owner is subject to the Damage and possessions), Puerto Rico and Canada; to Premises Rented To You Limit described in b. International waters or airspace, but only if the Section III—Limits of Insurance, injury or damage occurs in the course of travel or b. A sidetrack agreement, transportation between any places included in a, c. Any easement or license agreement, including an above; or easement or license agreement in connection with c. All other parts of the world if the injury or damage construction or demolition operations on or within arises out of. 50 feet of a railroad; (1) Goods or products made or sold by you in the d. An obligation, as required by ordinance, to territory described in a.above; indemnify a municipality, except in connection with (2) The activities of a person whose home is in the `Fork for a municipality; terntory described in a, above, but is away for a e. An elevator maintenance agreement; short time on your business, or f. That part of any other contract or agreement (3) "Personal and advertising injury" offenses that pertaining to your business (including an take place through the Internet or similar indemnification of a municipality in connection with electronic means of communication work performed for a municipality) under which you assume the tort liability of another party to pay for provided the insured's responsibility to pay damages is "bodily injury" or "property damage" to a third determined in the United States of America (including its person or organization, provided the "bodily injury" terdlones and possessions), Puerto Rico or Canada, in a or "property damage" is caused, in whole or in part, suit on the ments according to the substantrve law in by you or by those acting on your behalf, Tort such territory or in a settlement we agree to liability means a liability that would be imposed by 7. "Employee" includes a "leased worker" "Employee" law in the absence of any contract or agreement does not include a "temporary worker" Paragraph f. includes that part of any contract or B. "Employment-Related Practices"means agreement that indemnifies a railroad for "bodily a. Refusal 10 employ a person, injury" or "property damage" arising out of b. Termination of a person's employment,or construction or demolition operations, within 50 feet of any railroad property and affeciing any railroad c. Employment-related practices, policies, acts or bridge or trestle, tracks, road-beds, tunnel, omissions, such as coercion, demotion, evaluation, underpass or crossing reassignment, discipline, defamation, harassment, However, Paragraph f. does not include that part of humiliation or discrimination directed at a person any contract or agreement' 9. "Executive officer" means a person holding any of the (1) That indemnifies an architect, engineer or officer positions created by your charter, constitution, surveyor for injury or damage arising out of by-laws or any other similar governing document 10."Hostile fire"means one which becomes uncontrollable (a) Preparing, approving, or fading to prepare or or breaks out from where i1 was intended to be approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders 11."Impaired property" means tangible property, other or drawings and specifications, or than "your product"or"your work",that cannot be used (b) Giving directions or instructions, or failing to or is less useful because give them, if that is the primary cause of the a. li incorporates "your product" or"your work" that is injury or damage, or known or thought to be defective, deficient, (2) Under which the insured, if an architect, engineer inadequate or dangerous, or or surveyor, assumes liability for an injury or b. You have faded to fulfill the terms of a contract or damage arising out of the insured's rendering or agreement, failure to render pmfessjonal sen+ices, including if such property can be restored to use by: those listed in (1) above and supervisory, a. The repair, replacement, adjustment or removal of inspection, architectural or engineering activities "your product" or"your work", or 13."Leased worker" means a person leased to you by a b. Your fulfilling the terms of the contract or agreement labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to 12."Insured contract" means the conduct of your business "Leased worker" does a A contract for a lease of premises. However, that not include a "temporary worker" portion of the contract for a lease of premises that 14."Loading or unloading"means the handling of property indemnifies any person or organization for damage a. After it is moved from the place where it is accepted by fire, lightning or explosion to premises while for movement into or onto an aircraft, watercraft or "auto", Page 16 of 18 HG 00 01 06 05 1� b. White it is in or on an aircraft, watercraft or "auto", 16."Occurrence" means an accident, including continuous or or repeated exposure to substantially the same general c. While it is being moved from an aircraft, watercraft harmful conditions or"auto"to the place where it is finally delivered, 17."Personal and advertising injury" means injury, but 'loading or unloading" does not include the including consequential "bodily injury", arising out of movement of property by means of a mechanical one or more of the following offenses, device, other than a hand truck, that is not attached to a. False arrest, detention or imprisonment, the aircraft,watercraft or"auto", b. Malicious prosecution, 15."Mobile equipment" means any of the following types c. The wrongful eviction from, wrongful entry into, or of land vehicles, including any attached machinery or invasion of the right of private occupancy of a room, equipment dwelling or premises that a person occupies, a. Bulldozers, farm machinery, forklifts and other committed by or on behalf of its owner, landlord or vehicles designed for use principally off public lessor, roads, d. Oral, written or electronic publication of material b. Vehicles maintained for use solely on or next to that slanders or libels a person or organization or premises you own or rent, disparages a person's or organization's goods, c. Vehicles that travel on crawler treads; products or services; d. Vehicles, whether self-propelled or not, maintained e. Oral, written or electronic publication of material primarily to provide mobility to permanently that violates a person's right of privacy; mounted I. Copying, in your "advertisement", a person's or (1) Power cranes, shovels, loaders, diggers or organization's "advertising idea" or style of drills, or "advertisement'; (2) Road construction or resurfacing equipment g• Infringement of copyright, slogan, or title of any such as graders,scrapers or rollers, literary or artistic work, in your "advertisement", or e. Vehicles not described in a., b, C. or d above that h. Discrimination or humiliation that results in injury to are not self-propelled and are maintained primarily the feelings or reputation of a natural person to provide mobility to permanently attached 11B."Pollutants" mean any solid, liquid, gaseous or thermal equipment of the following types irritant or contaminant, including smoke, vapor, soot, (1) Air compressors, pumps and generators, fumes, acids, alkalis, chemicals and waste Waste including spraying, welding, building cleaning, includes materials to be recycled, reconditioned or geophysical exploration, lighting and well reclaimed servicing equipment,or 19."Producls-completed operations hazard", 2 Cher pickers and similar devices used to raise a. Includes all "bodily injury" and " " ( ) Cherry p yproperty damage or lower workers, occurring away from premises you own or rent and I. Vehicles not described in a., b., c. or d, above arising out of"your product"or"your work" except maintained primarily for purposes other than the (1) Products that are still in your physical transportation of persons or cargo possession; or However, self-propelled vehicles with the following (2) Work that has not yet been completed or types of permanently attached equipment are not abandoned. However, "your work" will be "mobile equipment" but will be considered"autos" deemed completed at the earliest of the (1) Equipment, of at least 1,000 pounds gross following times vehicle weight,designed primarily for (a) When all of the work called for in your (a) Snow removal, contract has been completed (b) Road maintenance, but not construction or (b) When all of the work to be done at the job resurfacing; or site has been completed if your contract (c) Street cleaning, calls for work at more than one job site (c) When that part of the work done at a job site (2) Cherry pickers and similar devices mounted on has been put to its intended use by any automobile or truck chassis and used to raise or lower workers, and person or organization other than another contractor or subcontractor working on the (3) Air compressors, pumps and generators, same project including spraying, welding, building cleaning, Work that may need service, maintenance, geophysical exploration, lighting and well correction, repair or replacement, but which is servicing equipment otherwise complete, will be treated as completed HG 00 01 06 05 Page 17 01 1B i b. Does not include "bodily injury" or "property 22."Temporary worker" means a person who is damage"arising out of, furnished to you to substitute for a permanent (1) The transportation of property, unless the "employee" on leave or to meet seasonal or short- injury or damage arises out of a condition in or term workload conditions, on a vehicle not owned or operated by you, 23."Volunteer worker"means a person who and that condition was created by the 'loading a. Is not your"employee"; or unloading"of that vehicle by any insured; b Donates his or her work, (2) The existence of tools, uninslalled equipment or abandoned or unused materials;or c. Acts at the direction of and within the scope of duties determined by you, and (3) Products classification, operations for which the d. Is not paid a fee, salary or other compensation by policysclisted m the Declarations or m a you or anyone else for their work performed for policy schedule, states that products- completed operations are subject to the you General Aggregate Limit 24."Your product': 20."Property damage" means a. Means a. Physical injury to tangible property, including all (1) Any goods or products, other than real resulting loss of use of that property All such loss property, manufactured, sold, handled, of use shall be deemed to occur at the lime of the distributed or disposed of by physical injury that caused it,or (a) You, b Loss of use of tangible property that is not (b) Others trading under your name, or physically injured, All such loss of use shall be deemed to occur at the time of the 'occurrence" (c) A person or organization whose business that caused it or assets you have acquired, and As used in this definition, computerized or (2) Containers (other than vehicles), materials, electronically stored data, programs or software are parts or equipment furnished in connection not tangible property Electronic data means with such goods or products, information,facts or programs b. Includes a. Stored as or on, (1) Warranties or representations made at any b Created or used on,or time with respect to the fitness, quality, durability, performance or use of "your G. Transmitted to or from, product", and computer software, including systems and (2) The providing of or failure to provide warnings applications software, hard or floppy disks, CD- or instructions ROMS, tapes, drives, cells, data processing devices c. Does not include vending machines or other or any other media which are used with electronically controlled equipment property rented to or located for the use of others but not sold. 21."Suit" means a civil proceeding in which damages 25."Your work" because of "bodily injury", "property damage" or "personal and advertising injury" to which this a. Means, insurance applies are alleged "Suit"includes (1) Work or operations performed by you or on a An arbrtrallon proceeding in which such damages your behalf, and are claimed and to which the insured must submit (2) Materials, parts or equipment furnished to or does submit with our consent,or connection with such work or operations b. Any other alternative dispute resolution b. Includes proceeding in which such damages are claimed (1) Warranties or representations made at any and to which the insured submits with our time with respect to the fnness, quality, consent durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. Page 18 of 18 HG 00 0106 06 REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT WASHINGTON This form mast be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Mark Madfai Phone (Originator) 5521 Date Sent 1/19/11 Date Required 1/26/11 Return Signed Document to- Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/11 VENDOR NAME: Northwest Hydraulic Consultants, Inc DATE OF COUNCIL APPROVAL;/f/`T8 Brief Explanation of Document: The attached agreement Is for NHC to provide hydraulic analysis for potential Green River Levee Certification of the Lower/Lowest Russell Road Levee For a summary, see the attached prepared by Mark Madfai All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received. �� � 4 ® C/`' C' C2 1 '1"�aYC71" Approval of Law Dept JAN 18 2011 �,,��� �� �� -��; Law Dept Comments KENT LAW DEPT. Vi Date Forwarded to Mayor 1 z C)i k% ) ram\ r� Tin �I Shaded Areas to Be Completed by A ministration Staff Received: { ,�ps Kc_N1 Recommendations & Comments- Disposition. Date Returned lage5870_templatebase • 2/07