HomeMy WebLinkAboutPW11-211 - Original - FCS Group - Stormwater Utility Rate Update - 09/07/2011 Records Mantagemen n.
KENT
Document
WASHiNGTo.
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: FCS Group
Vendor Number:
JD Edwards Number
Contract Number: PLJ I - oZ
This Is assigned b City Clerk's Office
T s g y y
Project Name: Stormwater Utility Rate Update
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 9/7/11 Termination Date: 1/31/12
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Beth Tan Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Perform a stormwater_utility rate update.
5 Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
400.04000�*M*Zq>
K E N T
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Financial Consulting Solutions Group, Inc. d/b/a FCS Group
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Financial Consulting Solutions Group, Inc. d/b/a FCS Group
organized under the laws of the State of Washington, located and doing business at 7525 166tn
Ave. NE, Suite D-215, Redmond, WA 98052, Phone: (425) 867-1802/Fax: (425) 867-1937,
Contact: John Ghilarducci (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 perform a stormwater utility rate update. For a description,
see the Consultant's August 18, 2011 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
January 31, 2012.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Eight Thousand, Eight Hundred Ten Dollars ($8,810.00), plus applicable
Washington State sales tax, 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
(Under$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
(Under$10,000)
s Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless 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.
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.
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
CONSULTANT SERVICES AGREEMENT - 3
(Under$10,000)
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 signature page of the Agreement, unless notified to the
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.
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
CONSULTANT SERVICES AGREEMENT - 4
(Under$10,000)
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 O KENT:
By: By:
(signature) ignature)
Print Name: �ni�l/y ( ( c(, 21a,lcl Print Name: Timothy J. LaPorte, P.E.
Its: ea(Nc c L Its: Public Works Director
(title)
DATE: 120 l f DATE: 7 lj
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
John Ghilarducci Timothy J. LaPorte, P.E.
FCS Group City of Kent
7525 166t' Ave. NE, Suite D-215 220 Fourth Avenue South
Redmond, WA 98052 Kent, WA 98032
(425) 867-1802 (telephone) (253) 856-5500 (telephone)
425 867-1937 facsimile (253) 856-6500 (facsimile)
FCS Group-Storm Drainage Utility/Tan
CONSULTANT SERVICES AGREEMENT - 5
(Under$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. Duringthe time of this Agreement I will not discriminate in employment on the basis of
9
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.
ti Dated this _ day of "U!jti S , 20 % 1
By:
For: cs Cd?:v i,P
Title: P(LINC (PAL
Date: -tI ZCj 12o i
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
s .
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
7525 166°Ave NB,Suite D-215 T 425 867 1802 225 Bush Street,Suite 1825 T 415 445 8947
Redmond,Washington 98052 F 425 867 1937 San Francisco,California 94104 F 415 398 1601
4380 SW Macadam,Suite 220 T 503 841 6543
Portland,OR 97239 F 503 841 6573
•A;>FCS GROUP
'>ol,ih• m, r;,i, ,:,d t wiai,,trng
August 18, 2011
Ms. Beth Tan
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Dear Ms. Tan:
On behalf of FCS GROUP, I am pleased to provide this proposal to perform a rate update for the
stormwater utility. The following task plan would apply.
1. The consultant will provide a data request and talk with City staff by telephone to discuss information
and identify and define options to be analyzed. Options will include an assessment of revenue
sufficiency without a rate increase.
2. The consultant will analyze up to two revenue requirement scenarios utilizing the existing revenue
requirement/rate model without significant structural modifications.
3. The consultant will deliver the scenarios for City review and meet with City staff to discuss.
4. The consultant will prepare for and meet with both the Public Works Committee and the Council to
present findings.
We propose to perform this update for no more than $8,810. A budget spreadsheet is provided below.
Managing Staff
Principal Consultant Support
Ghdarducci Budget
Task Description $ 190 $ 130 $ 60 Fstunate
1 Project kickoff 1 2 0 $ 450
2, Analysis 4 24 0 $ 3,880
3 Review meeting 4 4 0 $ 1,280
4 Meet wrth PW Committee&Council 8 12 2 $ 3,200
Total Hours 17 42 2
Total Proposed Budget $ 3,230 $ 5,460 $ 120 $ 8,810
Thank you for considering this proposal, and for the opportunity to continue to serve the City of Kent. If
you have any questions, please call me at(425) 867-1802 x225.
Yours very truly,
1110)4- Al)-��
John Ghilarducci
Principal
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,
Fired 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. The City shall be named as an
Additional 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.
B. 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.
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:
EXHIBIT B (Continued)
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 ANII.
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 Consultant 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.
T
DATE(MM/DD/WI
h
�4 GORDTM ) Ei � 9/15/2010
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
;HINSTROM & NORMANF INC. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
?.0. BOX 638 COMPANIES AFFORDING COVERAGE
KIRKLAND, WA 98083 COMPANY
42 8 -62 FAX: 827-5040 A Amerigan Economy
INSURED
COMPANY
FINANCIAL CONSULTING SOLUTIONS B
American States Ins. Co. (A XV)
GROUP, INC COMPANY
7525 166TH AVE. NE, STE # D-215 O
REDMOND, WA 98052 COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MNVDDIYY) DATE(MMIDDrf Y)
GENERAL LIABILITY GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $
CLAIMS MADE ®OCCUR PERSONAL&ADV INJURY $1000000
A OWNER'S&CONTRACTORS PROT 02-CD-117596-0 09-20-10 09-20-11 EACH OCCURRENCE $1,000 ,000
x CG2503 FIRE DAMAGE(Any one fire) $1,000 000
MED EXP(Any one Person) $
AUTOMOBILE LIABILfiY
COMBINED SINGLE LIMIT $
ANYAUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
HIRED AUTOS 02-CD-117596-0 09-20-10 09-20-11 BODILY INJURY I $
X NON-OWNED AUTOS (ParamdenU
PROPERTY DAMAGE $
GARAGE LIABB.ITY AUTO ONLY-EA ACCIDENT Is
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $1.000.000
B X UMBRELLA FORM 01-SU-305609-9 09-20-10 09-20-11 AGGREGATE $1
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND WG STATU- OTH-" i
TORY LIMITS ER
EMPLOYERS'LIABILITY
EL EACH ACCIDENT $1,000,000
A THE PROPRIETOR` INCL 02-CD-117596-9 09-20-10 09-20-11 EL DISEASE-POLICY LIMIT $
PARTNERS/EXECUTIVE
OFFICERS ARE EXCL WASH, STOP GAP EL DISEASE-EA EMPLOYEE $
OTHER
DESCRIPTION OF OPERATIONS)OCATIONSIVEHICLES/SPECIAL ITEMS
Re: Consultant Agreement.
Czty of Kent LS named additional insured per form CG7635.Coverage is primary
O ! C T HOWL IN,
SHDULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE< 1
City of Kent EXPIRATION DATE THEREOF, THE ISSUING COMPANY A'ILL ENDEAVOR TO MAIL 4
Attn• Beth Tan _4 DAYS WRI TEN NOTICE TO THE CERTIFICATE HOLDER NAME.TO THE LEFT.
220 Fourth Ave S. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Kent, WA 96032 OF ANY D UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED S WATIVE _
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bOMMERCIAL GENERAL LIABILITY COVM65 PART
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City of Kent
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to the dxtent you are held liable due to: following additional provisions:
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that part of Premises you own, rent, any uo'rrotrffefice"whigh takes place
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includes CopAhfed Material of Instif,44`9 oefyic`es`Y>fflce, (nd.,-wftt1 ifs piv nissloll.
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6 76 3$ 02 01 Pei@'I i of 4 --
^'•REPRINTED FROM THE FORMS UBRARY
(b) This insurance does not apply to This exclusion applies even if the claims
"bodily injury" or "property dam- against any insured allege negligence or
age" arising out of the sole negli- other wrongdoing in the supervision, hiring,
gence of such person or employment, training or monitoring of others
organization; by that insured, if the "occurrence" which
caused the "bodily injury" or "property
(4) Permits issued by any state or political damage" involved the ownership, mainte-
subdivision with respect to operations nance, use or entrustment to others of any
performed by you or on your behalf, aircraft, "auto" or watercraft that is owned
subject to the following additional pro- or operated by or rented or loaned to any in-
vision: sured.
This insurance does not apply to "bodily This exclusion does not apply to:
injury", "property damage", or (1) A watercraft while ashore on premises
"personal and advertising injury" arising you own or rent;
out of operations performed for the state
or municipality (2) A watercraft you do not own that is:
c. The insurance with respect to any architect, (a) Less than 52 feet long; and
engineer, or surveyor added as an insured (b) Not being used to carry persons or
by this endorsement does not apply to property for a charge;
"bodily injury", "property damage", or `per-
sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways
the rendering of or the failure to render any next to, premises you own or rent, pro-
professional services by or for you, includ- vided the "auto" is not owned by or
ing: rented or loaned to you or the insured;
(1) The preparing, approving, or fading to (4) Liability assumed under any "insured
prepare or approve maps, drawings, contract' for the ownership, mainte-
opinions, reports, surveys, change nance or use of aircraft or watercraft; or
or-
ders, designs or specifications; and (6) "Bodily injury" or "property damage"
arising out of:
(2) Supervisory, inspection or engineering
services. (a) the operation of machinery or
equipment that Is attached to, or
d. This insurance does not apply to "bodily part of, a land vehicle that would
injury" or "property damage" included within qualify under the definition of
the "products-completed operations haz- "mobile equipment" if it were not
and". subject to a compulsory or financial
responsibility law or other motor ve-
A person's or organization's status as an insured un- hicle insurance law in the state
der this endorsement ends when your operations for where it is licensed or principally
that insured are completed. garaged; or
(b) the operation of any of the machin-
No coverage will be provided if, in the absence of this ery or equipment listed in Paragraph
endorsement, no liability would be Imposed by law on f.(2) or f.(3) of the definition of
you. Coverage shall be limited to the extent of your "mobile equipment"
negligence or fault according to the applicable princi-
ples of comparative fault (6) An aircraft you do not own provided it is
not operated by any insured.
NON-OWNED WATERCRAFT AND NON-OWNED TENANTS' PROPERTY DAMAGE LIABILITY
AIRCRAFT LIABILITY
Exclusion g. of COVERAGE A (Section 1) is replaced when a Damage To Premises Rented To You Limit is
by the following: shown in the Declarations, Exclusion j. of Coverage
A, Section I is replaced by the following:
g. 'Bodily injury" or "properly damage" arising
out of the ownership, maintenance, use or j• Damage To Property
entrustment to others of any aircraft, "auto" "Property damage" to:
or watercraft owned or operated by or rented
or loaned to any insured. Use includes oper- (1) Properly you awn, rent, or occupy, including
ation and "loading or unloading". any costs or expenses incurred by you, or
Page 2 of 4
REPMNTEO FIROM THE FORMS LIBRARY""
any other person, organization or enW, for WHO IS AN INSURED — MANAGERS
repair, replacement, enhancement, restora-
Von or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS
reason, including prevention of injury to a AN INSURED (Section II):
person or damage to another's property;
(2) Premises you sell, give away or abandon, if Paragraph(1) does not apply to executive officers, or
the "property damage" arises out of any part to managers at the supervisory level or above.
of those premises;
SUPPLEMENTARY PAYMENTS — COVERAGES A
(3) Property loaned to you; AND B — BAIL BONDS — TIME OFF FROM
(4) Personal property in the care, custody or WORK
control of the insured;
Paragraph 1.b. of SUPPLEMENTARY PAYMENTS —
(5) That particular part of real property on which COVERAGES A AND B is replaced by the following:
you or any contractors or subcontractors
working directly or indirectly on your behalf b. Up to $3,000 for cost of bail bonds required
are performing operations, if the "property because of accidents or traffic law violations
damage" arises out of those operations, or ansing out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies
(6) That particular part of any property that must We do not have to furnish these bonds,
be restored, repaired or replaced because
"your work"was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS —
Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following:
not apply to "property damage" (other than d. All reasonable expenses incurred by the in-
damage by fire) to premises, including the con- sured at our request to assist us in the in-
tents of such premises, rented to you,A separate vestigation or defense of the claim or "swt",
limit of insurance applies to Damage To Prem- including actual loss of earnings up to $500
ises Rented To You as described in Section Ill a day because of time off from work.
-- LJrnits Of Insurance.
Paragraph (2) of this exclusion does not apply If EMPLOYEES AS INSUREDS — HEALTH CARE
the premises are "your work" and were never SERVICES
occupied, rented or held for rental by you.
Paragraphs 3 , 4, (5) and 6 of this exclusion Provision 2.a.(1 unless
of WHO e by
INSURED (Section
( ) ( J ( ) II) is deleted, unless excluded by separate endorse-
do not apply to liability assumed under a side- ment.
track agreement
Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED
"property damage" included in'the "products- ORGANIZATIONS
completed operations hazard".
Provision 3.a. of WHO IS AN INSURED (Section il) is
Paragraph 6. of LIMITS OF INSURANCE (Section ill) replaced by the following:
is replaced by the following: a. Coverage under this provision is afforded
6. Subject to 5. above, the Damage To Premises only until the end of the policy period
Rented To You Limit is the most we will pay un- EXTENDED "PROPERTY DAMAGE"
der Coverage A for damages because of
"property damage" to any one premises, while Exclusion a. of COVERAGE A (Section i) is replaced
rented to you, or in the case of damage by fire, by the following:
while rented to you or temporarily occupied by
you with permission of the owner. a, "Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
The Damage To Premises Rented To You limit is the This exclusion does not apply to "bodily injury"
higher of the Each Occurrence Limit shown in the or "property damage" resulting from the use of
Declarations or the amount shown In the Declarations reasonable force to protect persons or property
as Damage To Premises Rented To You Limit.
CG 76 35 02 o7 Page 3 of 4 D'
F
"^REFRINFEDFROM THE FORMS LIBRARY'
EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or
right-of-way of a railroad.
Paragraph 3. of DEFINITIONS (Section V) is replaced
by the following: INCREASED MEDICAL EXPENSE LIMIT
3. `Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to$10,000.
disease sustained b a person, including mental
Y P � 9
anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE
any time.
TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 2. Duties In The
Event Of Occurrence, Offense, Claim Or Suit of
COMMERCIAL GENERAL LIABILITY CONDITIONS
The following Is added to Paragraph 8. Transfer Of (Section IV):
Rights Of Recovery Against Others To Us of COM-
MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by
tion IV): your agent, servant or employee shall not in itself
constitute knowledge of the named insured unless an
We waive any rights of recovery we may have against officer of the named insured has received such notice
any person or organization because of payments we from the agent, servant or employee
make for Injury or damage arising out of your ongoing
operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL
that person or organization and included in the HAZARDS
"products-completed operations hazard". This waiver
applies only to a person or organization for whom you The following is added to Paragraph 6. Representa-
are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI-
to waive these rights of recovery. TIONS (Section IV):
AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex-
LOCATION [sting at the inception date of your policy, we will not
deny coverage under this Coverage Form because of
—" For all sums which the insured becomes legally obli- ` such failure. However, this provision does not affect
gated to pay,as damages caused by "occurrences" our right to collect additional premium or exercise our
under COVERAGE A (Section 1), and for all medical right of cancellation or non-renewal.
expenses caused by accidents under COVERAGE C
(Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE
at a single "location":
The following paragraph is added to COMMERCIAL
Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV):
tion III) apply separately to each of your "locations"
owned by or rented to you. 10. If a revision to this Coverage Part, which would
provide more coverage with no additional pre-
"Location" means premises involving the same or mium, becomes effective during the policy period
connecting lots, or premises whose connection is in the state shown in the Declarations, your pok
icy will automatically provide this additional cov-
erage on the effective date of the revision.
Page 4 of 4
Insurance COMMERCIAL GENERAL LIABILITY
CG 00 01 12 07
COMMERCIAL GENERAL LIABILITY, COVERAGE FORM
Various provisions in this policy restrict coverage. or settlements under Coverages A or B
Read the entire policy carefully to determine rights, or medical expenses under Coverage
duties and what is and is not covered. C.
Throughout this policy the words "you" and "your" No other obligation or liability to pay sums
refer to the Named Insured shown in the Declarations, or perform acts or services is covered unless
and any other person or organization qualifying as a explicitly provided for under Supplementary
Named Insured under this policy. The words "we", Payments — Coverages A and B.
"us" and °our" refer to the company providing this b. This insurance applies to "bodily injury" and
insurance "property damage" only if:
The word "insured" means any person or (1) The "bodily injury" or "property
organization qualifying as such under Section It — damage" is caused by an "occurrence"
Who Is An Insured that takes place in the "coverage
territory",
Other words and phrases that appear in quotation (2) The "bodily injury" or "property
marks have special meaning Refer to Section V — damage" occurs during the policy pe-
Defmitfons, riod; and
SECTION 1 — COVERAGES (3) Prior to the policy period, no insured
listed under Paragraph 1. of Section II
COVERAGE A BODILY INJURY AND PROPERTY Who Is An Insured and no
"employee" authorized by you to give
DAMAGE LIABILITY or receive notice of an "occurrence" or
1. Insuring Agreement. claim, knew that the `bodily injury" or
a. We will a those sums that the insured be- "property damage" had occurred, in
pay whole or in part. if such a listed insured
comes legally obligated to pay as damages or authorized "employee" knew, prior to
because of "bodily injury" or "property the policy period, that the "bodily injury"
damage" to which this insurance applies, or "property damage" occurred, then
We will have the right and duty to defend the any continuation, change or resumption
insured against any "suit" seeking those of such "bodily injury" or "property
damages However, we will have no duty to damage" during or after the policy pe-
defend the insured against any "suit" seek- nod will be deemed to have been known
mg damages for "bodily injury" or "property prior to the policy period
damage" to which this insurance does not
apply. We may, at our discretion, investigate c. "Bodily injury" or "property damage" which
any `occurrence' and settle any claim or
occurs dunng the policy period and was not,
"suit" that may result But pnor 'the policy period, known to have oc-
curred by any insured listed under Paragraph
(1) The amount we will pay for damages is 1 of Section 11 — Who Is An Insured or any
limited as described in Section III — "employee" authorized by you to give or re-
Limits Of Insurance; and ceive notice of an "occurrence" or claim, in-
(2) Our right and duty to defend ends when cludes any continuation, change or
we have used up the applicable limit of resumption of that "bodily injury" or
insurance in the payment of judgments "property damage" after the end of the pol-
icy period.
®ISO Properties, Inc., 2006
Salem and the Safeco logo are regtsteiad h6maAs of Salem Csrporaran
CO 00 01 12 07 Page 1 of 17; EP
n �
'••'REPRNMD FROM THE FORMS LIBRARY"'•
d. 'Bodily injury" or "property damage" will be also been assumed in the same
deemed to have been known to have oo- "insured contract", and
curred at the earliest time when any insured (b) Such attorney fees and litigation ex-
listed under Paragraph 1. of Section II — penses are for defense of that party
Who Is An Insured or any "employee" au- against a civil or alternative dispute
thorized by you to give or receive notice of resolution proceeding in which
an "occurrence" or claim. damages to which this Insurance
(1) Reports all, or any part, of the "bodily applies are alleged.
injury" or `property damage" to us or c. Liquor Liability
any other insurer;
(2) Receives a written or verbal demand or "Bodily injury" "property damage" for
claim for damages because of the which any insured may be held liable by
"bodily injury" or "property damage"; reason of
or (1) Causing or contributing to the intoxica-
(3) Becomes aware by any other means tion of any person,
that "bodily injury" or "property (2) The furnishing of alcoholic beverages to
damage" has occurred or has begun to a person under the legal drinking age
occur. or under the influence of alcohol; or
e. Damages because of bodily injury" include (3) Any statue, ordinance or regulation re-
damages claimed by any person or organ- lating to the sale, gift, distribution or use
ization for care, loss of services or death re- of alcoholic beverages
sulting at anytime from the "bodily injury". This exclusion applies only 'rf you are in the
2. Exclusions business of manufacturing, distributing, sell-
ing, serving or furnishing alcoholic bever-
This insurance does not apply to- ages.
a. Expected Or Intended Injury d. Workers' Compensation And Similar
"Bodily injury" or "property damage" ex- Laws
pected or intended from the standpoint of the Any obligation of the insured under a work-
insured This exclusion does not apply to ers, compensation, disability benefits or un-
"bodily injury" resulting from the use of rea- employment compensation law or any similar
sonable force to protect persons or property law.
b. Contractual Liability e. Employer's Liability
"Bodily injury" or "property damage" for `Bodily Injury" to-
which the insured is obligated to pay dam-
ages by reason of the assumption of liability (1) An "employee" of the insured arising
in a contract or agreement. This exclusion out of and in the course of,
does not apply to liability for damages: (a) Employment by the insured; or
(1) That the insured would have in the ab- (b) Performing duties related to the
sence of the contract or agreement, or conduct of the insured's business;
(2) Assumed in a contract or agreement or
that is an insured contract", provided (2) The spouse, child, parent, brother or
the "bodily injury" or "property sister of that "employee" as a conse-
damage" occurs subsequent to the ex- quence of Paragraph (1) above
ecution of the contract or agreement.
Solely for the purposes of liability as- This exclusion applies whether the insured
sumed in an 'insured contract", rea- may be liable as an employer or in any other
sonable attorney fees and necessary capacity and to any obligation to share dam-
litigation expenses incurred by or for a ages with or repay someone else who must
party other than an insured are deemed pay damages because of the injury.
to be damages because of "bodily This exclusion does not apply to liability as-
inlury" or "property damage", provided sumed by the insured under an "insured
(a) Liability to such party for, or for the contract"
cost of, that party's defense has
Page 2 of 17
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f. Pollution (i) Any insured; or
(1) 'Bodily injury" or °property damage" (ii) Any person or organization for
arising out of the actual, alleged or whom you may be legally re-
threatened discharge, dispersal, seep- sponsible; or
age, migration, release or escape of (d) At or from any premises, site or lo-
"pollutants". cation on which any insured or any
(a) At or from any premises, site or lo- contractors or subcontractors work-
cation which is or was at any time ing directly or indirectly on any in-
owned or occupied by, or rented or sured's behalf are performing
loaned to, any insured However, operations if the "pollutants" are
this subparagraph does not apply to: brought on or to the premises, site
or location in connection with such
(i) `Bodily injuryf sustained
operations by such insured, con-
within a building and caused by
smoke, fumes, vapor or soot tractor or subcontractor. However,
this subparagraph does not apply to
produced by or originating from
equipment that is used to heat, (I) "Bodily injury" or 'property
cool or dehumidify the budding, damage" arising out of the es-
or equipment that is used to cape of fuels, lubricants or other
heat water for personal use, by operating fluids which are
the building's occupants or their needed to perform the normal
guests; electrical, hydraulic or mechan-
ical functions necessary for the
(ii) "Bodily injury" or 'property operation of mobile
damage" for which you may be equipment" or its parts, if such
held liable, if you are a contrac- fuels, lubricants or other oper-
tor and the owner or lessee of ating fluids escape from a vehi-
such premises, site or location cle part designed to hold, store
has been added to your policy or receive them This exception
as an additional insured with re- does not apply if the "bodily
spect to your ongoing oper- injury" or "property damage"
ations performed for that arises out of the Intentional dis-
additionai insured at that prem- charge, dispersal or release of
ises, site or location and such the fuels, lubricants or other
premises, site or location is not operating fluids, or if such fuels,
and never was owned or occu- lubricants or other operating flu-
pied by, or rented or loaned to, ids are brought on or to the
any insured, other than that ad- premises, site or location with
ditional insured, or the intent that they be dis-
(iii) "Bodily injury" or "property charged, dispersed or released
damage" arising out of heat, as part of the operations being
smoke or fumes from a "hostile performed by such insured,
fire"; contractor or subcontractor;
(b) At or from any premises, site or lo- (ii) "Bodily injury" or "property
cation which is or was at any time damage" sustained within a
used by or for any insured or others building and caused by the re-
for the handling, storage, disposal, lease of gases,fumes or vapors
processing or treatment of waste, from materials brought into that
building in connection with op-
(c) Which are or were at any time
transported, handled, stored you o being performed by
p you or
on your behalf by a con-
treated, disposed of, or processed tractor or subcontractor, or
as waste by or for.
00 00 01 12 07 Page 3 of 17 EP
REPRINTED FROM THE FORMS LIBRARY
(fii) "Bodily injury" or "property aircraft, "auto" or watercraft that is owned
damage" arising out of heat, or operated by or rented or loaned to any in-
smoke or fumes from a "hostile sured.
fire". This exclusion does not apply to:
(e) At or from any premises, site or lo- (1) A watercraft while ashore on premises
cation on which any insured or any you own or rent,
contractors or subcontractors work-
ing directly or indirectly on any in- (2) A watercraft you do not own that is:
sured's behalf are performing (a) Less than 26 feet long; and
operations if the operations are to
test for, monitor, clean up, remove, (b) Not being used to carry persons or
contain, treat, detoxify or neutralize, property for a charge;
or in any way respond to, or assess "
(3) Parking premises
auto" on, or on the ways
the effects of, "pollutants".
next to, premises you own or rent, pro-
(2) Any loss, cost or expense arising out of vided the "auto" is not owned by or
any: rented or loaned to you or the insured;
(a) Request, demand,order or statutory (4) Liability assumed under any `insured
or regulatory requirement that any contract" for the ownership, mainte-
insured or others test for, monitor, nance or use of aircraft or watercraft; or
clean up, remove, contain, treat, (5) "Bodily injury' or "property damage„
detoxify or neutralize, or in any way
respond to, or assess the effects of, arising out of
"pollutants"; or (a) the operation of machinery or
(b) Claim or "suit" by or on behalf of a equipment that is attached to, or
governmental authority for damages part of, a land vehicle that would
because of testing for, monitoring, qualify under the definition of
cleaning up, removing, containing, mobile equipment' if it were not
treating, detoxifying or neutralizing, subject to a compulsory or financial
or in any way responding to, or as- responsibility law or other motor ve-
sessing the effects of, "pollutants". hicle insurance late in the state
where it is licensed or principally
However, this paragraph does rot apply garaged, or
to liability for damages because of
"property damage" that the insured (b) the operation any of the Paragraph have in the absence of such re- ery or equipment
t listed in Parragrapph
quest, demand, order or statutory or re- f.(2) or f of the definition of
gulatory requirement, or such claim or mobile equipment".
°suit" by or on behalf of a governmental h. Mobile Equipment
authority
"Bodily Injury" or "property damage" arising
g. Aircraft,Auto Or Watercraft out of:
"Bodily injury" or "property damage" arising (1) The transportation of "mobile
out of the ownership, maintenance, use or equipment" by an "auto" owned or op-
entrustment to others of any aircraft, "auto" erated by or rented or loaned to any in-
or watercraft owned or operated by or rented sured, or
or loaned to any insured Use includes oper-
ation and "loading or unloading" (2) The use "mobile equipments in, or
while in practice for, or while being pre-
This exclusion applies even if the claims pared for, any prearranged racing,
against any insured allege negligence or speed, demolition, or stunting activity
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others i• War
by that insured, if the "occurrence" which "Bodily injury" or "property damage", how-
caused the "bodily injury" or "property ever caused, arising, directly or indirectly,
damage" involved the ownership, mainte- out of:
nance, use or entrustment to others of any
(1) War, including undeclared or civil war;
Page 4 of 17
^"REPRINTED FROM THE FORMS URRARY
(2) Warlike action by a military force, in- Paragraph (6) of this exclusion does not ap-
cluding action in hindering or defending ply to "property damage" included in the
against an actual or expected attack, by "products-completed operations hazard"
any government, sovereign or other au- k. Damage To Your Product
thority using military personnel or other
agents; or Property damage"to "your product" arising
(3) Insurrection, rebellion, revolution, out of it or any part of it
usurped power, or action by govern- L Damage To Your Work
mental authority in hindering or defend- "Property damage" to "your work" arising
Ing against any of these. out of it or any part of it and included in the
j. Damage To Property "products-completed operations hazard"
"Property damage" to: This exclusion does not apply if the damaged
work or the work out of which the damage
(1) Property you own, rent, or occupy, in
arises was performed on your behalf by a
cluding any costs or expenses incurred
subcontractor.
by you, or any other person, organize-
tion or entity, for repair, replacement, m. Damage To Impaired Property Or Prop-
enhancement, restoration or mainte- erty Not Physically Injured
nance of such property for any reason, "Property damage" to `impaired property"
including prevention of injury to a per- or property that has not been physically in-
son or damage to another's property; lured, arising out of
(2) Premises you sell, give away or aban- (1) A defect, deficiency, inadequacy or
don, if the "property damage"arises out dangerous condition in "your product"
of any part of those premises; or "your work"; or
(3) Property loaned to you; (2) A delay or failure by you or anyone act-
(4) Personal property in the care, custody ing on your behalf to perform a contract
or control of the insured; or agreement in accordance with its
(5) That particular part of real property on terms
which you or any contractors or sub- This exclusion does not apply to the loss of
contractors working directly or indirectly use of other property arising out of sudden
on your behalf are performing oper- and accidental physical injury to "your
ations, if the "property damage" arises product"or "your work" after it has been put
out of those operations, or to its intended use
(6) That particular part of any property that n. Recall Of Products, Work Or Impaired
must be restored, repaired or replaced Property
because "your work" was incorrectly Damages claimed for any loss, cost or ex-
performed on if pense incurred by you or others for the loss
Paragraphs (1), (3) and (4) of this exclusion of use, withdrawal, recall, inspection, repair,
do not apply to "property damage" (other replacement, adjustment, removal or dis-
than damage by fire) to premises, including posal of
the contents of such premises, rented to you (1) "Your product",
for a period of 7 or fewer consecutive days
A separate limit of insurance applies to (2) "Your work": or
Damage To Premises Rented To You as (3) "Impaired property";
described in Section HI — Limits Of Insur-
ance if such product, work, or property is with-
Paragraph (2) of this exclusion does not ap- drawn or recalled from the market or from
ply if the premises are 'your work" and were use by any person or organization because
never occupied, rented or held for rental by of a known or suspected defect, deficiency,
you inadequacy or dangerous condition in it
Paragraphs (3), (4), (5) and(6) of this exclu- o. Personal And Advertising Injury
sion do not apply to liability assumed under "Bodily injury" arising out of "personal and
a sidetrack agreement advertising injury".
CG 00 01 12 07 Page 5 of 17 EP
""REPRINTED FROM THE FORMS UBR4RY
p. Electronic Data settle any claim or "suit" that may result.
Damages arising out of the loss of, loss of But
use of, damage to, corruption of, inability to (1) The amount we will pay for damages is
access, or inability to manipulate electronic limited as described in Section III —
data. Limits Of Insurance; and
As used in this exclusion, electronic data (2) Our right and duty to defend end when
means information, facts or programs stored we have used up the applicable limit of
as or on, created or used on, or transmitted insurance in the payment of judgments
to or from computer software, including sys- or settlements under Coverages A or B
terns and applications software, hard or or medical expenses under Coverage
floppy disks, CD-ROMS, tapes, drives, cells, C.
data processing devices or any other media No other obligation or liability to pay sums
which are used with electronically controlled or perform acts or services is covered unless
equipment. explicitly provided for under Supplementary
q. Distribution Of Material In Violation Of Payments — Coverages A and B.
Statutes b. This insurance applies to "personal and ad-
"Bodily injury" or "property damage" arising vertising injury" caused by an offense arising
directly or indirectly out of any action or out of your business but only if the offense
omission that violates or is alleged to violate: was committed in the "coverage territory"
(1) The Telephone Consumer Protection during the policy period.
Act (TCPA), including any amendment 2. Exclusions
of or addition to such law, or
This insurance does not apply to:
(2) The CAN-SPAM Act of 2003, Including
any amendment of or addition to such a. Knowing Violation Of Rights Of Another
law; or "Personal and advertising injury" caused by
(3) Any statute, ordinance or regulation, or at the direction of the insured with the
other than the TCPA or CAN-SPAM Act knowledge that the act would violate the
of 2003 that prohibits or limits the rights of another and would inflict "personal
sending, transmitting, communicating or and advertising injury"
distribution of material or information. b. Material Published With Knowledge Of
Exclusions c. through n. do not apply to damage Falsity
by fire to premises while rented to you or tempo- "Personal and advertising injury" arising out
ranly occupied by you with permission of the of oral or written publication of material, if
owner A separate limit of insurance applies to done by or at the direction of the insured
this coverage as described in Section III — Lim- with knowledge of its falsity
its Of Insurance.
c. Material Published Prior To Policy Period
COVERAGE B PERSONAL AND ADVERTISING "Personal and advertising injury" arising out
INJURY LIABILITY of oral or written publication of material
1. Insurance Agreement whose first publication took place before The
beginning of the policy period
a. We will pay those sums that the insured be- d. Criminal Acts
comes legally obligated to pay as damages
because of "personal and advertising injury" "Personal and advertising injury" arising out
to which this insurance applies We will have of a criminal act committed by or at the di-
the right and duty to defend the insured rection of the insured.
against any "suit" seeking those damages e. Contractual Liability
However, we will have no duty to defend the
insured against any "suit" seeking damages "Personal and advertising injury" for which
for "personal and advertising injury"to which the insured has assumed liability in a con-
this insurance does not apply. We may, at tract or agreement This exclusion does not
our discretion, investigate any offense and apply to liability for damages that the insured
would have in the absence of the contract
or agreement
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f. Breach Of Contract k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out Personal and advertising injury" arising out
of a breach of contract, except an implied of an electronic chatroom or bulletin board
contract to use another's advertising idea in the insured hosts, owns, or over which the
your "advertisement". insured exercises control.
g. Quality Or Performance Of Goods — Fai- I. Unauthorized Use Of Another's Name Or
lure To Conform To Statements Product
"Personal and advertising injury" arising out "Personal and advertising injury" arising out
of the failure of goods, products or services of the unauthorized use of another's name
to conform with any statement of quality or or product in your e-mail address, domain
performance made in your "advertisement". name or metatag, or any other similar tactics
to mislead another's potential customers.
h. Wrong Description Of Prices
"Personal and advertising injury" arising out
m. Pollution
of the wrong description of the price of "Personal and advertising injury" arising out
goods, products or services stated in your of the actual, alleged or threatened dis-
"advertisement", charge, dispersal, seepage, migration, re-
1. Infringement Of Copyright, Patent,
lease or escape of "pollutants" at any time
Trademark Or Trade Secret n Pollution-Related
"Personal and advertising injury" arising out Any loss, cost or expense arising out of any:
of the infringement of copyright, patent, (1) Request, demand, order or statutory or
trademark, trade secret or other intellectual regulatory requirement that any Insured
property rights Under this exclusion, such or others test for, monitor, clean up, re-
other intellectual property rights do not in- move, contain, treat, detoxify or neutral-
clude the use of another's advertising idea in ize, or in any way respond to, or assess
your "advertisement". the effects of, "pollutants"; or
However, this exclusion does not apply to (2) Claim or suit by or on behalf of a gov-
infringement, in your "advertisement", of ernmental authority for damages be-
copynght, trade dress or slogan cause of testing for, monitoring,
j. Insureds In Media And Internet Type cleaning up, removing, containing,
Businesses treating, detoxifying or neutralizing, or In
any way responding to, or assessing the
"Personal and advertising injury" committed effects of, "pollutants"•
by an insured whose business is
o. War
(1) Advertising, broadcasting, publishing or
telecasting; Personal and advertising injury", however
(2) Designing or determining content of caused, arising, directly or indirectly, out of*
websites for others; or (1) War, including undeclared or civil war,
(3) An Internet search, access, content or (2) Warlike action by a military force, in-
service provider cluding action in hindering or defending
against an actual or expected attack, by
However, this exclusion does not apply to any government, sovereign or other au-
Paragraphs 14.a., b, and c of "personal and thority using military personnel or other
advertising injury" under the Definitions agents; or
Section
For the purposes of this exclusion, the lac- (3) Insurrection, rebellion, revolution,
P P p usurped power, or action taken by gov-
fng of frames, borders or links, or advertis- ernmental authority in hindering or Be-
ing, for you or others anywhere on the fending against any of these.
Internet, is not by itself, considered the busi-
ness of advertising, broadcasting, publishing
or telecasting.
CG 00 01 12 07 Page 7 of 17 EP
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p. Distribution Of Material In Violation Of 2. Exclusions
Statutes We will not pay expenses for "bodily injury":
"Parsonal and advertising injury" arising di- a. Any Insured
rectly or indirectly out of any action or omis-
slon that violates or is alleged to violate: To any insured, except "volunteer workers".
(1) The Telephone Consumer Protection b. Hired Person
Act (TCPA), including any amendment To a person hired to do work for or on behalf
of or addition to such law; or of any insured or a tenant of any insured.
(2) The CAN-SPAM Act of 2003, including c. Injury On Normally Occupied Premises
any amendment of or addition to such
law, or To a person injured on that part of premises
(3) Any statute, ordinance or regulation, you own or rent that the person normally oc-
other than the TCPA or CAN-SPAM Act cupies.
of 2003, that prohibits or limits the d. Workers Compensation And Similar Laws
sending, transmitting, oommunicating or To a person, whether or not an "employee"
distribution of material or information. of any insured, if benefits for the "bodily
COVERAGE C MEDICAL PAYMENTS injury" are payable or must be provided un-
der a workers' compensation or disability
1. Insuring Agreement benefits laws or a similar law
a. We will pay medical expenses as described e. Athletics Activities
below for "bodily injury" caused by an acci- To a person injured while practicing, in-
dent structing or participating in any physical ex-
(1) On premises you own or rent; erases or games, sports, or athletic tests.
(2) On ways next to premises you own or f. Products-Completed Operations Hazard
rent, or Included within the "products-completed op-
(3) Because of your operations; erations hazard"
provided that: g. Coverage A Exclusions
(a) The accident takes place in the Excluded Under Coverage A.
"Coverage territory" and during the
policy period; SUPPLEMENTARY PAYMENTS — COVERAGES A
AND B
(b) The expenses are incurred and re-
ported to us within one year of the 1. We will pay, with respect to any claim we inves-
date of the accident, and tigate or settle, or any "suit" against an insured
(c) The injured person submits to ex- we defend:
amination, at our expense, by phy- a. All expenses we incur.
sicians of our choice as often as we
reasonably require, b. Up to $250 for cost of bad bonds required
because of accidents or traffic law violations
b. We will make these payments regardless of arising out of the use of any vehicle to which
fault These payments will not exceed the the Bodily Injury Liability Coverage applies.
applicable limit of insurance We will pay We do not have to furnish these bonds
reasonable expenses for. c. The cost of bonds to release attachments,
(1) First aid administered at the time of an but only for bond amounts within the appli-
accident; cable limit of insurance. We do not have to
(2) Necessary medical, surgical, x-ray and furnish these bonds
dental services, including prosthetic de- d. All reasonable expenses incurred by the in-
vices, and sured at our request to assist us in the in-
(3) Necessary ambulance, hospital, profes- vestigation or defense of the claim or "suit",
sional nursing and funeral services including actual loss of earnings up to $250
a day because of time off from work.
Page 8 of 17
"^REPRINTED FROM THE FORMS LIBRARY^^
e. All court costs taxed against the Insured in (c) Notify any other insurer whose cov-
the "suit". However, these payments do not erage is available to the indemnitee;
include attorneys' fees or attorneys' ex- and
penses taxed against the insured. (d) Cooperate with us with respect to
f. Prejudgment interest awarded against the coordinating other applicable msur-
insured on that part of the judgment we pay. ance available to the indemnitee;
If we make an offer to pay the applicable limit and
of insurance, we will not pay any prejudg- (2) Provides us with written authorization to:
ment interest based on that period of time
after the offer. (a) Obtain records and other informa-
All interest on the full amount of an ud tion related to the "suit"; and
g. Y 1 9-
ment that accrues after entry of the judgment (b) Conduct and control the defense of
and before we have paid, offered to pay, or the indemnitee in such "suit"
deposited in court the part of the judgment So long as the above conditions are met, attor-
that is within the applicable limit of insurance, neys' fees incurred by us in the defense of that
These payments will not reduce the limits of in- indemnitee, necessary litigation expenses in-
surance, curved by us and necessary litigation expenses
incurred by the indemnitee at our request will be
2. If we defend an insured against a "suit" and an paid as Supplementary Payments Notwith-
indemnitee of the insured is also named as a standing the provisions of Paragraph 2.b.(2) of
party to the "suit", the will defend that indemnitee Section I — Coverage A — Bodily Injury and
if all of the following conditions are met Property Damage Liability, such payments will
a. The "suit" against the indemnitee seeks not be deemed to be damages for "bodily injury"
damages for which the insured has assumed and "property damage" and will not reduce the
the liability of the )ndemnitee in a contract or limits of insurance
agreement that is an 'insured contract"; Our obligation to defend an insured's indemnitee
b. This insurance applies to such liability as- and to pay for attorney's fees and necessary liti-
sumed by the insured; gation expenses as Supplementary Payments
ends when we have used up the applicable limit
c. The obligation to defend, or the cost of the of insurance in the payment of judgments or set-
defense of, that indemnitee, has also been tlements, or the conditions set forth above,or the
assumed by the insured in the same terms of the agreement described in Paragraph
"insured contract"; f. above, are no longer met
d. The allegations in the "suit" and the infor-
mation we know about the "occurrence" are SECTION If — WHO IS AN INSURED
such that no conflict appears to exist be- 1. If you are designated in the Declarations as:
tween the interests of the insured and the
interests of the indemnitee; a. An individual, you and your spouse are in-
e. The indemnitee and the insured ask us to sureds, but only with respect to the conduct
conduct and control the defense of that in- of a business of which you are the sole
demnitee against such "suit" and agree that owner.
we can assign the same counsel to defend b. A partnership or joint venture, you are an in-
the insured and the indemnitee; and sured Your members, your partners, and
f. The indemnitee: respect
spouses are also insureds, but only with
respect to the conduct of your business.
(1) Agrees in writing to: c. A limited liability company, you are an in-
(a) Cooperate with us In the investi- sured Your members are also insureds, but
gation, settlement or defense of the only with respect to the conduct of your
"suit", business Your managers are insureds, but
(b) Immediately send us copies of any only with respect to their duties as your
demands, notices, summonses or managers
legal papers received in connection d. An organization other than a partnership,
with the "suit"; joint venture or limited liability company, you
are an insured Your "executive officers"and
directors are insureds, but only with respect
GG 00 01 12 07 Page 9 of 17 EP
-REPRINTED FROM THE FORMS LIBRARY'-
to their duties as your officers or directors you, any of your "employees",
Your stockholders are also insureds, but only °volunteer workers", any partner or
with respect to their liability as stockholders. member(if you are a partnership or joint
venture), or any member (if you are a
e. A trust, you are an insured Your trustees are limited liability company).
also insureds, but only with respect to their
duties as trustees, b. Any person (other than your "employee" or
"volunteer worker"), or any organization
2. Each of the following is also an insured while acting as your real estate manager.
a. Your "volunteer workers" only while per- C. Any person or organization having proper
forming duties related to the conduct of your temporary custody of your property if you
business, or your "employees", other than die, but only:
either your "executive officers" (if you are
an organization other than a partnership,joint (1) With respect to liability arising out of the
venture or limited liability company) or your maintenance or use of that property;
managers (if you are a limited liability com- and
pany), but only for acts within the scope of (2) Until your legal representative has been
their employment by you or while performing appointed.
duties related to the conduct of your busi-
ness However, none of these "employees" d. Your legal representative if you die, but only
or "volunteer workers" are insureds for, with respect to duties as such That repre-
sentative will have all your rights and duties
(1) "Bodily injury" or "personal advemsing under this Coverage Part.
injury":
(a) To you, to your partners or mein 3. Any organization you newly acquire or form,
bets(if you area partnership orj m-int other than a partnership, joint venture or limited
venture), to your members or(if you liability company, and over which you maintain
are a limited yourliability company), to a ownership or majority interest, will qualify as a
co-"employee" whys in the course Named Insured if there is no other similar msur-
of his or her employment or ance available to that organization. However-
performing duties related to the a. Coverage under this provision is afforded
conduct of your business, or to your only until the 90th day after you acquire or
other "volunteer workers" while form the organization or the end of the policy
performing duties related to the period, whichever is earlier;
conduct of your business, b. Coverage A does not apply to "bodily injury"
(b) To the spouse, child, parent, or "property damage" that occurred before
brother or sister of that oo- you acquired or formed the organization,and
"employee" or "volunteer worker" c. Coverage B does not apply to "personal and
as a consequence of Paragraph advertising injury" arising out of an offense
(1)(a) above; committed before you acquired or formed
(c) For which there is any obligation to the organization.
share damages with or repay
someone else who must pay dam- No person or organization is an insured with respect
ages because of the injury de- to the conduct of any current or past partnership,joint
scribed in Paragraphs (1)(a) or (b) venture or limited liability company that is not shown
above, or as a Named Insured in the Declarations.
(d) Arising out of his or her providing SECTION III — LIMITS OF INSURANCE
or failing to provide professional
health care services. 1. The Limits of Insurance shown in the Declare-
(2) "Property damage" to property: tions and the rules below fix the most we will pay
regardless of the number of.
(a) Owned, occupied or used by,
a. Insureds;
(b) Rented to, in the care, custody or
control of, or over which physical b. Claims made or "suits" brought, or
control is being exercised for any c. Persons or organizations making claims or
purpose by bringing "suits"
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2. The General Aggregate Limit is the most we will 3[YtS=d171- COMMERCIAL GENERAL LIABtL-
pay for the sum of. 1TY CONDITIONS
a. Medical expenses under Coverage C; 1. Bankruptcy
b. Damages under Coverage A, except dam- Bankruptcy or insolvency of the insured or of the
ages because of "bodily injury" or °property insured's estate will not relieve us of our obli-
damage" included in the "products- gations under this Coverage Part.
completed operations hazard"; and
c, Damages under Coverage B. 2• Duties In The Event Of Occurrence, Offense,
Claim Or Suit
3. The Produots-Completed Operations Aggregate a. You must see to it that we are notified as
Limit is the most we will pay under Coverage A soon as practicable of an "occurrence" or
for damages because of "bodily injury" and an offense which may result in a claim. To
"property damage" included in the "products- the extent possible, notice should include-
completed operations hazard".
(1) How, when and where the "occurrence"
4. Subject to Paragraph 2. above, the Personal and or offense took place;
Advertising Injury Limit is the most we will pay (2) The names and addresses of any in-
under Coverage B for the sum of all damages jured persons and witnesses; and
because of all "personal and advertising injury"
sustained by any one person or organization (3) The nature and location of any injury or
damage arising out of the "occurrence"
5. Subject to Paragraph 2. or 3, above, whichever or offense.
applies, the Each Occurrence Limit is the most we will pay for the sum of- b. If a claim is made or suit"is brought against
any insured, you must:
a. Damages under Coverage A;and
(1) Immediately record the specifics of the
b. Medical expenses under Coverage C claim or "suit" and the date received;
because of all "bodily injury" and "properly and
damage" arising out of any one "occurrence". (2) Notify us as soon as practicable.
6. Subject to Paragraph 5. above, the Damage To You must see to it that the receive written
Premises Rented To You Limit is the most we notice of the claim or "suit" as soon as
will pay under Coverage A for damages because practicable
of "property damage" to any one premises, while c. You and any other Involved insured must:
rented to you, or in the case of damage by fire,
while rented to you or temporarily occupied by (1) Immediately send us copies of any de-
you with permission of the owner. mands, notices, summonses or legal
papers received in connection with the
7. Subject to Paragraph 5. above. the Medical Ex-
claim or "suit";
pense Limit is the most we will pay under Cover-
age C for all medical expenses because of (2) Authorize us to obtain records and other
`bodily injury" sustained by any one person information,
(3) Cooperate with us in the investigation
The Limits of Insurance of this Coverage Part apply or settlement of the claim or defense
separately to each consecutive annual penod and to against the "suit", and
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the (4) Assist us, upon our request, in the en-
Declarations, unless the policy period is extended af- forcement of any right against any per-
ter issuance for an additional period of less than 12 son or organization which may be liable
months In that case, the additional period will be to the insured because of injury or
deemed part of the last preceding period for purposes damage to which this insurance may
of determining the Limits of Insurance also apply
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
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3. Legal Action Against Us (Iv) If the loss arises out of the
maintenance or use of aircraft,
No person or organization has a right under this "autos" or watercraft to the ex-
Coverage part: tent not subject to Exclusion g.
a. To join us as a party or otherwise bring us of Section 1 — Coverage A —
into a "suit" asking for damages from an in- Bodily Injury And Properly
sured or Damage Liability
b. To sue us on this Coverage Part unless all (b) Any other primary insurance avail-
of its items have been fully complied with able to you covering liability for
damages arising out of the premises
A person or organization may sue us to recover or operations, or the products and
on an agreed settlement or on a final judgment completed operations,for which you
against an insured; but we will not be liable for have been added as an additional
damages that are not payable under the terms insured by attachment of an en-
of this Coverage Part or that are in excess of the dorsement.
applicable limit of insurance. An agreed settle-
ment means a settlement and release of liability (2) When this insurance is excess, we will
signed by us, the insured and the claimant or the have no duty under Coverages A or a
claimant's legal representative, to defend the insured against any "suit"
if any other insurer has a duty to defend
4. Other Insurance the insured against that `suit" If no
If other valid and collectible insurance is available other insurer defends, we will undertake
to the insured for a loss we cover under Cover- to do so, but we will be entitled to the
ages A and B of this Coverage Part, our obit- insured's rights against all those other
gabons are limited as follows: insurers.
a. Primary Insurance (3) When this Insurance is excess over
other insurance, we will pay only our
This insurance is primary except when Para- share of the amount of the loss, if any,
graph b. below applies If this ;nsurance is that exceeds the sum of:
primary, our obligations are not affected un-
less any of the other insurance is also pd- (a) The total amount that all such other
mary Then, we will share with all that other insurance would pay for the loss in
insurance by the method described in Para- the absence of this insurance, and
graph c. below. (b) The total of all deductible and self-
b. Excess Insurance insured amounts under all that other
insurance.
(1) This insurance is excess over.
(4) We will share the remaining loss, if any,
(a) Any of the other insurance, whether with any other insurance that is not de-
primary, excess, contingent or on scribed in this Excess Insurance pro-
any other basis: vision and was not bought specifically to
(i) That is Fire, Extended Cover- apply in excess of the Limits of Insur-
age, Builder's Risk, Installation ante shown in the Declarations of this
Risk or similar coverage for Coverage Part
"your work", c. Method Of Sharing
(ii). That is Fire insurance for prem- If all of the other insurance permits contrib-
ises rented to you or temporarily ution by equal shares, we will follow this
occupied by you with permis- method also. Under this approach each in-
sion of the owner, surer contributes equal amounts until it has
(Ili) That is insurance purchased by paid its applicable limit of Insurance or none
you to cover your liability as a of the loss remains, whichever comes first.
tenant for "property damage" to If any of the other insurance does not permit
premises rented to you or tem- contribution by equal shares, we will contrib-
porarily occupied by you with ute by limits. Under this method, each insur-
permission of the owner, or er's share is based on the ratio of its
applicable limit of insurance to the total ap-
plicable limits of insurance of all insurers
Page la of 17
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5. Premium Audit 9. When We Do Not Renew
a. We will compute all premiums for this Cov- if we decide not to renew this Coverage Part, we
erage Part in accordance with our rules and will mad or deliver to the first Named Insured
rates. shown in the Declarations written notice of the
b. Premium shown in this Coverage Part as nonrenewal not less than 30 days before the ex-
advance premium is a deposit premium only. piration date.
At the close of each audit period we will If notice is mailed, proof of mailing will be suffi-
compute the earned premium for that period cient proof of notice,
and send notice to the first Named Insured.
The due date for audit and retrospective SECTION V — DEFINITIONS
premiums is the date shown as the due,date
on the bill. If the sum of the advance and t• `Advertisement" means a notice that is broad-
audit premiums paid for the policy period is cast or published to the general public or specific
greater than the earned premium, we will re- market segments about your goods, products or
turn the excess to the first Named Insured. services for the purpose of attracting customers
or supporters. For the purposes of this definition:
c. The first Named Insured must keep records
of the information we need for premium a. Notices that are published include material
computation, and send us copies at such placed on the Internet or on similar electronic
times as we may request. means of communication; and
6. Representations b. Regarding web-sites, only that part of a
web-site that is about your goods, products
By accepting this policy, you agree: or services for the purposes of attracting
a. The statements in the Declarations are ac- customers or supporters is considered an
curate and complete; advertisement
b. Those statements are based upon represen- 2• 'Auto" means:
tations you made to us; and a. A land motor vehicle, trailer or semitrailer
c. We have issued this policy in reliance upon designed for travel on public roads, including
your representations any attached machinery or equipment, or
7. Separation Of Insured b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
Except with respect to the Limits of Insurance, other motor behicle insurance law in the
and any rights or duties specifically assigned in state where it is licensed or principally ga-
this Coverage Part fo the first Named Insured, raged.
this insurance applies. However, 'auto" does not include "mobile
a. As if each Named Insured were the only equipment".
Named Insured; and
3. 'Bodily injury" means bodily injury, sickness or
b. Separately to each insured against whom disease sustained by a person, including death
claim is made or "suit"is brought, resulting from any of these at any time
8. Transfer Of Rights Of Recovery Against Oth- 4, 'Coverage territory" means;
ers To Us
a. The United States of America (including its
If the insured has rights to recover all or part of territories and possessions), Puerto Rico and
any payment we have made under this Coverage Canada
Part, those rights are transferred to us The in-
sured must do nothing after loss to impair them b. International waters or airspace, but only if
At our request, the insured will bring "suit" or the injury or damage occurs in the course of
transfer those rights to us and help us enforce travel or transportation between any places
them. included in Paragraph a, above, or
CG 00 01 12 07 Page 13 Df 17 EP
ki
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c. All other parts of the world if the injury or c. Any easement or license agreement, except
damage arises out of. in connection with construction or demolition
(1) Goods or products made or sold by you operations on or within 50 feet of a railroad,
in the territory described in Paragraph d. An obligation, as required by ordinance, to
a. above, indemnify a municipality, except in con-
(2) The activities of a person whose home nection with work for a municipality;
is in the territory described in Paragraph e. An elevator maintenance agreement;
a. above, but is away for a short time f. That part of any other contract or agreement
on your business; or pertaining to your business (including an in-
(3) "Personal and advertising injury" of- demnification of a municipality in connection
fenses that take place through the In- with work performed for a municipality) under
ternet or similar electronic means of which you assume the tort liability of another
communication party to pay for `bodily injury" or "property
damage" to a third person or organization
provided the insured's responsibility to pay dam-
ages is determined in a 'suit" on the merits, in Tort liability means a liability that would be
the territory described in Paragraph a. above or imposed by law in the absence of any con-
in asettlement we agree to tract or agreement
Paragraph f.does not include that part of any
S. "Employee" includes a "leased worker" contract or agreement
"Employee" does not include a "temporary
worker". (1) That indemnifies a railroad for "bodily
injury" or "property damage" arising out
6. "Executive officer" means a person holding any of construction or demolition operations,
of the officer positions created by your charter, within 50 feet of any railroad property
constitution, by-laws or any other similar govern- and affecting any railroad bridge or
ing document. trestle, tracks, roadbeds, tunnel, under-
pass or crossing,
7. `Hostile fire" means one which becomes uncon
trollable or breaks out from where it was intended (2) That indemnifies an architect, engineer
to be. or surveyor for injury or damage arising
out of
8. "Impaired property" means tangible property, (a) Preparing, approving, or failing to
other than °your product" or "your work", that prepare or approve, maps, shop
cannot be used or is less useful because: drawings, opinions, reports, sur-
a. it incorporates 'your product" or "your veys, field orders, change orders or
work" that is known or thought to be defec- drawings and specifications; or
tive, deficient, inadequate or dangerous; or (b) Giving directions or instructions, or
b. You have failed to fulfill the terms of a con- failing to give them, if that is the
tract or agreement, primary cause of the injury or dam-
if such property can be restored to use by the age; or
repair, replacement, adjustment or removal of (3) Under which the insured, if an architect,
"your product" or "your work" or your fulfilling engineer or surveyor, assumes liability
the terms of the contract or agreement for an injury or damage arising out of the
insured's rendering or failure to render
9. "Insured contract" means: professional services, including those
a. A contract for a lease of premises However, listed in (2) above and supervisory, in-
that portion of the contract for a lease of spection, architectural or engineering
premises that ndemni ies any person or or- activities.
ganization for damage by fire to premises 10. 'leased worker" means a person leased to you
while rented to you or temporarily occupied by a labor leasing firm under an agreement be-
by you with permission of the owner is not tween you and the labor leasing firm, to perform
an "insured contract", duties related to the conduct of your business.
b. A sidetrack agreement; 'leased worker" does not include a 'temporary
worker"
Page 14 of 17
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11. "Loading or unfoading" means the handling of equipment are not "mobile equipment" but
property: will be considered "autos":
a. After it is moved from the place where it is (1) Equipment designed primanly for:
accepted for movement into or onto an air- (a) Snow removal,
craft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or (b} Road maintenance, but not con-
struction or resurfacing; or
"auto"; or
c. While a is being moved from an aircraft, wa-
tercraft or "auto" to the place where it is fi- (2) Cherry pickers and similar devices
nally delivered; mounted on automobiles or truck
chassis and used to raise or lower
but "loading or unloading" does not include the
movement of property by means of a mechanical workers, and
device, other than a hand truck, that is not at- (3) Air compressors, pumps and genera-
tached to the aircraft, watercraft or "auto". tors, including spraying, welding, build-
ing cleaning, geophysical exploration,
12. "Mobile equipment" means any of the following lighting and well servicing equipment.
types of land vehicles, including any attached
machinery or equipment: However, "mobile equipment" does not include
any land vehicles that are subject to a compul-
a. Bulldozers, farm machinery, forklifts and sory or financial responsibility law or other motor
other vehicles designed for use principally vehicle insurance law in the state where it is I!-
off public roads; tensed or principally garaged Land vehicles
b. Vehicles maintained for use solely on or next subject to a compulsory or financial responsibility
to premises you own or rent; law or other motor vehicle insurance law are
considered autos'
c. Vehicles that travel on crawler treads;
13. "Occurrence" means an accident, including con-
d. Vehicles, whether self-propelled or not, tinuous or repeated exposure to substantially the
same general harmful conditions.
permanently mounted
(1) Power cranes, shovels, loaders, diggers 14. "Personal and advertising Injury" means injury,
or drills, or including consequential "bodily injury°', arising
out of one or more of the following offenses:
(2) Road construction or resurfacing equip-
ment such as graders, scrapers or roll- a. False arrest, detention or imprisonment;
ers; b. Malicious prosecution,
e. Vehicles not described in Paragraph a., b., c. The wrongful eviction from, wrongful entry
c. or d above that are not self-propelled and into, or invasion of the right of private occu-
are maintained primarily to provide mobility panty of a room, dwelling or premises that a
to permanently attached equipment of the person occupies, committed by or on behalf
following types of its owner, landlord or lessor,
(1) Air compressors, pumps and genera- d. Oral or written publication, in any manner, of
tors, including spraying, welding, build- material that slanders or libels a person or
ing cleaning, geophysical exploration, organization or disparages a person's or or-
lighting and well servicing equipment; ganization's goods, products or services;
OF
e. Oral or written publication, in any manner, of
(2) Cherry pickers and similar devices used material that violates a person's right of pri-
to raise or lower workers; vacy,
f. Vehicles not described in Paragraph a., b., f. The use of another's advertising idea in your
c. or d. above maintained primarily for pur- "advertisement'; or
poses other than the transportation of per-
sons or cargo. g. Infnnging upon another's copyright, trade
dress or slogan in your "advertisement"
However, self-propelled vehicles with the
following types of permanently attached 15. "Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
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vapor, soot, fumes, acids, alkalis, chemicals and such loss of use shall be deemed to Occur
waste Waste includes materials to be recycled, at the time of the physical injury that caused
reconditioned or reclaimed. it, or
16. "Products-completed operations hazard": b. Loss of use of tangible property that is not
physically injured. All such loss of use shall
a. Includes all 'bodily injury" and "property be deemed to occur at the time of the
damage" occurring away from premises you "occurrence"that caused it
own or rent and arising out of "your product"
or "your work" except: For the purposes of this insurance, electronic
data Is not tangible property.
(1) Products that are still in your physical
possession; or As used in this definition, electronic data means
information, facts or programs stored as or on,
(2) Work that has not yet been completed created or used on, or transmitted to or from
or abandoned. However, "your work" computer software, including systems and appli-
will be deemed completed at the earliest cations software, hard or floppy disks,
of the following times: CD-ROMS, tapes, drives, cells, data processing
(a) When all of the work called for in devices or any other media which are used with
your contract has been completed electronically controlled equipment
(b) When all of the work to be done at 18. "Suit" means a civil proceeding in which dam-
the job site has been completed if ages because of `bodily injury", "property
your contract calls for work at more damage" or "personal and advertising injury" to
than one job site, which this insurance applies are alleged. "Suit"
(c) When that part of the work done at includes:
a job site has been put to its in- a. An arbitration proceeding in which such
tended use by any person or organ- damages are claimed and to which the in-
ization other than another contractor sured must submit or does submit with our
or subcontractor working on the consent; or
same project. b. Any other alternative dispute resolution pro-
Work that may need service, mainte- ceeding in which such damages are claimed
nance, correction repair or replacement, and to which the insured submits with our
but which is otherwise complete, will be consent.
treated as completed
19. `Temporary worker" means a person who is fur-
b. Does not include "bodily injury" or "property nished to you to substitute for a permanent
damage" arising out of: "employee" on leave or to meet seasonal or
(1) The transportation of property, unless short-term workload conditions
the injury or damage arises out of a 20. "Volunteer worker" means a person who is not
condition in or on a vehicle not owned your "employee", and who donates his or her
or operated by you, and that condition work and acts at the direction of and within the
was created by the `loading or scope of duties determined by you, and is not
unloading" of that vehicle by any in- paid a fee, salary or other compensation by you
sured; or anyone else for their work performed for you.
(2) The existence of tools, uninstalled
equipment or abandoned or unused 21. "four product".
materials; or a. Means:
(3) Products or operations for which the (1) Any goods or products, other than real
classification, listed in the Declarations property, manufactured, sold, handled,
or in a policy schedule, states that pro- distributed or disposed of by:
ducts-completed operations are subject
to the General Aggregate Limit. (a) You,
17. "Property damage" means: (b) Others trading under your name; or
a. Physical injury to tangible property, including (c) A person or organization whose
all resulting loss of use of that property, All business or assets you have ac-
quired, and
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(2) Containers (other than vehicles), mate- 22. "Your work":
rials, parts or equipment furnished in a. Means:
connection with such goods or prod-
ucts. (1) Work or operations performed by you
b. Includes- or on your behalf, and
(1) Warranties or representations made at (2) Materials, parts or equipment furnished
any time with respect to the fitness, in connection with such work or oper-
quality, durability, performance or use ations.
of `your product", and b. Includes:
(2) The providing of or failure to provide (1) Warranties or representations made at
warnings or instructions. any time with respect to the fitness,
c. Does not include vending machines or other quality, durability, performance or use
property rented to or located for the use of of `your work", and
others but not sold. (2) The providing of or failure to provide
warnings or instructions.
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