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HomeMy WebLinkAboutPW11-069 - Amendment - #1 - Northwest Hydraulic Consultants, Inc. - Briscoe-Deimone Levee - 12/21/2012 Records Maog--�� ageme_ ��,KcNT Document WhSHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Northwest Hydraulic Consultants, Inc. Vendor Number: ID Edwards Number Contract Number: 10W This Is assigned by City Clerk's Office Project Name: Briscoe/Desimone Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: 2l Contract Effective Date: Date f the Mayor's Signature Termination Date: 12/31/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Contlnue_to provide technical support in the response to questions by FEMA and its contractors regarding submittals related to the application for a Conditional Letter of Map Revision OMR). _ S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 11/08 -000,0"�. KENT W..5 M I..TO H AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Northwest Hydraulic Consultants, Inc. CONTRACT NAME & PROJECT NUMBER: Briscoe-Deimone Levee ORIGINAL AGREEMENT DATE: January 20, 2011 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain { in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Continue to provide technical support in the response to questions by FEMA and its contractors regarding submittals related to the application for a Conditional Letter of Map Revision (CLOMR). For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $69,827.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $69,827.00 including all previous amendments Current Amendment Sum $30,000.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $99,827.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/11 (insert date) Revised Time for Completion under 0 prior Amendments (insert date) Add'I Days Required (t) for this 366 calendar days Amendment 1 Revised Time for Completion 12/31/12 I (Insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: Z� Z By: v B : (signature) I (signature) Print Name: TOIDC,-) kt . -t-aCrlr4f IF Pr n N me uzette Cooke Its Ft 1%rX c.. Wpr' It mayor (title 1,tie) DATE: DATE: APPROVED AS TO FORM: (applicable/f Mayor's signature required) VGA Ken Law Department NMC-Briscoe-Desimone Amd 1/Langholz + AMENDMENT - 2 OF 2 it EXHIBIT A SCOPE OF WORK - AMENDMENT #1 TO HYDRAULIC ANALYSIS OF I BRISCOE-DESIMONE LEVEE - CLOMR REVIEW RESPONSE S DESCRIPTION OF WORK / PROJECT OBJECTIVES The objective of this contract is for Northwest Hydraulic Consultants, Inc (NHC) to provide continued technical support in the response to questions by FEMA and its contractors regarding submittals related to the application for a Conditional Letter of Map Revision (CLOMR) of the Briscoe-Desimone Levee TASKS, ITEMS, AND WORK PRODUCTS NHC shall furnish all services and labor necessary to furnish responses to comments from FEMA and it contractors Major items NHC will be responsible for responding to include Interior Drainage Analysis, Floodplain Modeling & Mapping, Scour Analysis, and Risk Based Analysis of Reduced Freeboard. Upon receipt and analysis of comments from FEMA and/or its contractors NHC and the City of Kent shall jointly agree to a) all comments that NHC is responsible for, and b) the type of response and deliverable required g Work and work products may include but not be limited to • Written responses and clarifications to comments. • Direct communications with FEMA contractors regarding comments received • Modification and re-running of hydraulic models. • Modification of floodplain mapping products. • Preparation of revised reports and mapping products in hard copy and digital form for re- submittal • Review and coordination with City of Kent and other consultants to ensure consistency of all deliverables • Meetings and other communications as necessary or requested in the preparation of responses STAFF AND COORDINATION WITH OTHERS The Principal-in-Charge will be Mr Todd Bennett Mr Vaughn Collins will serve as project manager and senior engineer, and Alex Anderson will serve as engineer NHC will coordinate with geotechnical consultants and the City of Kent the in scheduling and delivery of products needed for geotechnical analysis, plan revision and resubmittal. SCHEDULE a Schedule is dependent upon FEMA contractor review time and scope of comments received Upon receipt of comments from the City of Kent, NHC and Kent shall jointly agree to a schedule of response for each comment It is understood that there is a 90 day response deadline upon receipt of comments from FEMA that must be met in all cases 7 3 4 1 k 1 COST ESTIMATE Northwest Hydraulic Consultants Estimate of Professional Services 16300 Christensen Road, Suite 350 Prepared for: City of Kent Seattle,WA 98188-3418 Project: Bnscoe-Desimone CLOMR Response Tel.(206) 241-6000 Date: October 5, 2011 Fax (206)439-2420 Project#: Prepared By: Vaughn Collins ;1 TASK DESCRIPTION Sr Jr Totals Principal Engineer Engineer Engineer GIS Tech Clerical $0 $0 Post Submittal ReHew Support 8 a0 80 40 8 $28,775 ?� Total= $28,776 i Total Hours 80 80 0 1 800 1 00 1 400 1 86 Direct Labor Rate 6753 4952 36 32 3069 2212 2280 Overhead(208 7%) 14094 10335 7579 6405 4615 4758 Profit(10%of DL+OH) 2085 1529 1121 947 683 704 Rates $229 32 $168 15 1 $123 32 1 $104 21 1 $75 10 $77 42 TOTAL LABOR COST(NHC) F $28,775 , Direct Expense Detail Units Rate Cost i Is _ Reproduction,Couriers,&Communication 1 1,206r$ 1,206 Mileage 36 0 51'$ to $ 1,224 Cost Summary Total Labor $ 28,775 Total Direct Expenses $ 1,224 TOTAL COST $ 30,000 t 'k 1 2 I OP ID: KT �R�6 CERTIFICATE OF LIABILITY INSURANCE DAT06/27H1rrY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 206-632-1433 NAMEACT Griffith Insurance Group,Inc. PHONE 3841 Aurora Ave N Suite 100 206-632-08711 AIC No Ex1 AIc No Seattle,WA 98103 E-MAIL ADDRESS Mike Griffith PRODUCER NOR4000 CUSTOMER ID# INSURERS)AFFORDING COVERAGE NAIC# INSURED Northwest Hydraulic INSURERA The Hartford Casualty Ins Co Consultants,Inc INSURER B 16300 Christensen Rd#350 CITY OF K, Ins'y yR^ERC Tukwila,WA98188 ENGINEERING ( IdKikERD INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL LTR SUB POLICY NUMBER MM/POLICY D YYYY) (MrVDDIYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 52UUNPX0936 06/30111 06130/12 DPRAMAGEEMISES Ea oc TO RENTEDcurrence $ 300,00 CLAIMS-MADE IX I OCCUR MED EXP(Any one person) $ 10,00 X WA Stop Gap PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 2,000,00 X POLICY 7 PRO LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANYAUTO 52UUNPX0936 06/30/11 06/30/12 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE 9 5,000,000 A 52XHUUS3412 06130/11 06/30/12 DEDUCTIBLE $ �_xl RETENTION $ 10,000 $ WORKERS COMPENSATION WC STATU- OTH- 1 ER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE ❑ NIA EL EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ A Property Section 52UUNPX0936 06/30111 06/30/12 BPP 125,UDO DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) The certificate holder is listed as primary non contributory additional insured as pertains to the work and services performed by the named insured only per form HG 00 01 06 05. CERTIFICATE HOLDER CANCELLATION CITYKNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS Attn: Nancy Yoshitake 220 4th Ave S AUTHORIZED REPRESENTATIVE Kent,WA 98032 ©1988-2009 ACORD CORPORATION All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD Griffith Insurance Group, Inc. MEMO Page 1sA �o Tra:_ _ '°P 3841 Aurora Ave N.,Suite 100 --�--"N---- - ---`- �'DATE "`'�- - Seattle, WA 98103 NOR4000 KT 06/27/2011 Phone: 206-632-1433 Fax: 206-632-0878 �, rr�=, -�-�or,YCYrxFODrinTrox- "'R OMj "'V, Poarcr a t' 52UUNUS3744 EE EU"TIQ, ExPIRATiO ,'_� PCKG 06/30/2010 06/30/2011 Northwest Hydraulic Consultants,Inc. 16300 Christensen Rd 4350 Tukwila,WA 98188 Frances - Re. Renewal Effective 6/30/2011 your current certificate for Northwest Hydraulic Consultants, Inc. will expire. I have enclosed the following renewal certificate to forward as needed. In order to conserve paper, please note that we have not enclosed the endorsement form HG 00 01 06 05 . This form remains the same as last year and if another copy is needed for your file, please email nicole@griffithinsurancegroup. com. If you should have any questions or need additional information please give our office a call. Thank you, Griffith Insurance Group, Inc. Katie Salins OP ID: KT CERTIFICATE OF LIABILITY INSURANCE DAT03/14111rvi k THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pDlicy(les) must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER 206-632 CONTACT -1433 NAME Griffith Insurance Group,Inc.3841 Aurora Ave IN Suite PHONE FA Suite 100 ac c E t FAX W.I. Seattle,WA 98103 EJAAIL ADORE SS Mike Griffith PRODUCER CUSTO MERID :NOR4000 INSURER(S)AFFORDING COVERAGE NAIL# i INSURED Northwest Hydraulic INSURER A Evanston Insurance Company Consultants,Inc. INSURER B. t 16300 Christensen Rd#350 Tukwila,WA 98188 INSURER C INSURER D' INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS i INSR AD L SUB POLICY EFF POLICY EXP LTft TYPE OFINSURANCE POLICYNUMBER MM/OD/YYYY MM/DD YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S DAMAGE COMMERCIAL GENERAL LIABILITY P REM ISESTO Ea omRENTEDurrem. $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ d PERSONAL B AOV INJURY $ i GENERAL AGGREGATE $ GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGGIFCT $ POLICY PRO LOC $ '9 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accloent) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNEDAUTOS $ S u UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIM544ADE AGGREGATE $ DEDUCTIBLE $ 1 RETENTION $ $. WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNERIEXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) EL DISEASE-EA EMPLOYEE S If yes,desonbe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT S A Professional Llab AE-620564 03/12/11 03112/12 Ea Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Those usual to the Insured's operations. CERTIFICATE HOLDER CANCELLATION J CITYKNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn Nancy YDshitake ACCORDANCE WITH THE POLICY PROVISIONS 220 4th Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage Read (2) The "bodily injury" or "property damage" occurs the entire policy carefully 10 determine rights, duties and during the policy period, and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words "you"and "your" refer to under Paragraph 1. of Section II —Who Is An the Named Insured shown in the Declarations, and any Insured and no"employee"authorized by you to other person or organization qualifying as a Named give or receive notice of an "occurrence" or Insured under this policy The words "we", "us" and 'bur" claim, knew that the "bodily injury" or "property refer to the stock insurance company member of The damage" had occurred, in whole or in part If Hartford providing this insurance. such a listed insured or authorized "employee" The word "insured" means any person or organization knew, prior to the policy period, that the "bodily qualifying as such under Section II—Who Is An Insured injury" or"property damage" occurred,then any continuation, change or resumption of such Other words and phrases that appear in quotation marks "bodily injury" or "property damage" during or have special meaning. Refer to Section V—Defindions. after the policy period will be deemed to have SECTION I—COVERAGES been known prior to the policy period. COVERAGE A BODILY INJURY AND PROPERTY c. "Bodily injury" or"property damage" will be deemed DAMAGE LIABILITY to have been known 10 have occurred at the 1. Insuring Agreement earliest time when any insured listed under a. We will pay those sums that the insured becomes Paragraph 1. of Section 11 —Who Is An Insured or legally obligated to pay as damages because of any employee authorized by you to give or receive notice of an "occurrence" or claim. "bodily injury" or "property damage" to which this insurance applies We will have the right and duty (1) Reports all, or any part, of the "bodily injury" or to defend the insured against any "suit" seeking "property damage"to us or any other insurer, those damages. However, we will have no duty to (2) Receives a written or verbal demand or claim deferd the insured against any "suit" seeking for damages because of the "bodily injury" or damages for "bodily injury" or "property damage"to "property damage";or which this insurance does not apply We may, at our discretion, investigate any "occurrence" and (3) Becomes aware by any other means that "bodily injury" or "property damage" has settle any claim or"suit"that may result. But: occurred or has begun to occur (1) The amount we will pay for damages is limited d. Damages because of "bodily injury" include as described in Section III — Limits Of damages claimed by any person or organization for Insurance;and care, loss of services or death resulting at any time (2) Our right and duty to defend ends when we from the"bodily injury". have used up the applicable limit of insurance in e. Incidental Medical Malpractice the payment of judgments or settlements under Coverages A or B or medical expenses under (1) "Bodily injury" arising out of the rendering of or Coverage C. failure to render professional health care services as a physician, dentist, nurse, No other obligation or liability to pay sums or emergency medical technician or paramedic perform acts or services is covered unless explicitly shall be deemed to be caused by an provided for under Supplementary Payments — "occurrence", but only f Coverages A and B. b. This insurance applies to "bodily injury" and (a) The physician, dentist, nurse, emergency "property damage"only if' medical technician or paramedic is employed by you to provide such services, (1) The "bodily injury" or "property damage" is and caused by an "occurrence" that takes place in the "coverage territory", (b) You are not engaged in the business or occupation of providing such services. HG 00 01 06 05 Page 1 of 18 02005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc with its permission) (2) For the purpose of determining the limits of d. Workers'Compensation And Similar Laws insurance for incidental medical malpractice, Any obligation of the Insured under a workers' any act or omission together with all related acts compensation, disability benefits or unemployment or omissions in the furnishing of these services compensation law or any similar law. to any one person will be considered one "occurrence" e. Employer's Liability 2. Exclusions "Bodily injury"to: This insurance does not apply to. (1) An "employee" of the insured arising out of and a. Expected Or Intended Injury in the course of. "Bodily injury" or "property damage" expected or (a) Employment by the insured;or intended from the standpoint of the insured. This (b) Performing duties related to the conduct of exclusion does not apply to "bodily injury" or the msured's business; or "property damage" resulting from the use of (2) The spouse, child, parent, brother or sister of reasonable force to protect persons or property. that "employee" as a consequence of b. Contractual Liability Paragraph(1) above. "Bodily injury" or "property damage" for which the This exclusion applies: insured is obligated to pay damages by reason of (1) Whether the insured may be liable as an the assumption of liability in a contract or employer or in any other capacity,and agreement This exclusion does not apply to liability (2) To any obligation to share damages with or for damages, repay someone else who must pay damages (1) That the insured would have in the absence of because of the injury, the contract or agreement, or This exclusion does not apply to liability assumed (2) Assumed in a contract or agreement that is an by the insured under an"insured contract", "insured contract",provided the "bodily injury"or f. Pollution "property damage" occurs subsequent to the execution of the contract or agreement. Solely (1) "Bodily injury" or "property damage" arising out for the purposes of liability assumed in an of the actual, alleged or threatened discharge, "insured contract", reasonable attorney fees and dispersal, seepage, migration, release or necessary litigation expenses incurred by or for escape of"pollutants" a party other than an insured are deemed to be (a) At or from any premises, site or location damages because of "bodily injury" or"property which is or was at any time owned or damage", provided occupied by, or rented or loaned to, any (a) Liability to such party for, or for the cost of, insured. However, this subparagraph does that party's defense has also been assumed not apply to; in the same "insured contract";and (i) "Bodily injury" if sustained within a (b) Such attorney fees and litigation expenses building and caused by smoke, fumes, are for defense of that party against a civil or vapor or soot produced by or originating alternative d spute resolution proceeding in from equipment that is used to heat, cool which damages to which this insurance or dehumidify the building, or equipment applies are alleged, that is used to heat water for personal c. Liquor Liability u , by the building's occupants or their guests; "Bodily injury" or "property damage" for which any (ii) "Bodily injury" or "property damage" for insured may be held liable by reason of which you may be held liable, if you are a (1) Causing or contributing to the intoxication of any contractor and the owner or lessee of person, such premises, she or location has been (2) The furnishing of alcoholic beverages to a added to your policy as an additional person under the legal drinking age or under the insured with respect to your ongoing influence of alcohol,or operations performed for that additional insured at that premises, site or location (3) Any statute, ordinance or regulation relating to and such premises, site or location is not the sale, gift, distribution or use of alcoholic and never was owned or occupied by, or beverages, rented or loaned to, any insured, other This exclusion applies only if you are in the than that additional insured,or business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. Page 2 of 18 HG 00 01 06 05 (Ili) "Bodily injury" or "property damage" (e) At or from any premises, site or location on arising out of heal, smoke or fumes from which any insured or any contractors or a"hostile fire", subcontractors working directly or indirectly (b) At or from any premises, site or location on any insured's behalf are performing which is or was at any time used by or for operations if the operations are to test for, any insured or others for the handling, monitor, clean up, remove, contain, treat, storage, disposal, processing or treatment of detoxify or neutralize, or in any way respond waste to,or assess the effects of, "pollutants" (c) Which are or were at any time transported, (2) Any loss,cost or expense arising out of any: handled, stored, treated, disposed of, or (a) Request, demand, order or statutory or processed as waste by or for regulatory requirement that any insured or (i) Any insured;or others test for, monitor, clean up, remove, (ii) Any person or organization for wham you contain, treat, detoxify or neutralize, or in may be legally responsible; any way respond to, or assess the effects of, , pollutants";or i (d) At or from any premises, site or location on (b) Claim or suit by or on behalf of a which any insured or any contractors or governmental authority for damages subcontractors working directly or indirectly because of testing for, monitoring, cleaning on any insured's behalf are performing up, removing, containing, treating, operations if the "pollutants" are brought on or to the premises, site or location in responding or neutralizing,ing to, or assessing the effects of, or in any way ; connection with such operations by such r insured, contractor or subcontractor, "pollutants", However, this subparagraph does not apply However, this paragraph does not apply to to, liability for damages because of "property damage" damage" that the insured would have in the (t) "Bodily injury" or 'property dam g " absence of such request, demand, order or arising out of the escape of fuels, statutory or regulatory requirement, or such lubricants or other operating fluids which claim or"sail"by or on behalf of a governmental are needed to perform the normal authority. electrical, hydraulic or mechanical functions necessary for the operation of g• Aircraft,Auto Or Watercraft "mobile equipment" or its parts, if such "Bodily injury" or "property damage" arising out of fuels, lubricants or other operating fluids the ownership, maintenance, use or entrustment to escape from a vehicle part designed to others of any aircraft, "auto" or watercraft owned or hold, store or receive them This operated by or rented or loaned to any insured, Use exception does not apply if the "bodily includes operation and"loading or unloading". Injury" or"property damage" arises out of This exclusion applies even if the claims against the intentional discharge, dispersal or any insured allege negligence or other wrongdoing release of the fuels, lubricants or other in the supervision, hiring, employment, training or operating fluids, or if such fuels, monitoring of others by that insured, if the lubricants or other operating fluids are "occurrence" which caused the "bodily injury" or brought on or to the premises, site or "property damage" involved the ownership, location with the intent that they be maintenance, use or entrustment 10 others of any discharged,dispersed or released as part aircraft, "auto" or watercraft that is owned or of the operations being performed by operated by or rented or loaned to any insured. such insured, contractor or subcontractor; This exclusion does not apply to: (It) "Bodily injury" or "property damage" (1) A watercraft while ashore on premises you own sustained within a building and caused or rent; by the release of gases,fumes or vapors (2) A watercraft you do not own that is from materials brought into that building (a) Less than 51 feet long, and in connection with operations being (b) Not being used to carry persons for a performed by you or on your behalf by a contractor or subcontractor; or charge, (Ili) "Bodily injury" or "property damage" (3) Parking an "auto" on, or on the ways next to, arising our of heat, smoke or fumes from premises you own or rent, provided the "auto"is a "hostile fire";or not owned by or rented or loaned to you or the insured, i HG 00 0106 05 Page 3 0118 (4) I-lability assumed under any "insured contract" working directly or indirectly on your behalf are for the ownership, maintenance or use of performing operations, if the "property damage" aircraft or watercraft; arises out of those operations;or (5) "Bodily injury" or "property damage" arising out (6) That particular part of any property that must be of the operation of any of the equipment listed in restored, repaired or replaced because "your Paragraph f(2) or f(3) of the definition of work"was incorrectly performed on t1, "mobile equipment"; or Paragraphs (1), (3) and (4) of this exclusion do not (6) An aircraft that is not owned by any insured and apply to "property damage" (other than damage by is hired, chartered or loaned with a paid crew fire) to premises, including the contents of such However, this exception does not apply if the premises, rented to you for a period of 7 or fewer insured has any other insurance for such"bodily consecutive days, A separate limit of insurance injury" or "property damage", whether the other applies to Damage To Premises Rented To You as insurance is primary, excess, contingent or on described in Section III— Umits Of Insurance. any other basis. Paragraph (2) of this exclusion does not apply if the h. Mobile Equipment premises are "your work"and were never occupied, "Bodly injury"or"property damage"arising out of. rented or held for rental by you. (1) The transportation of "mobile equipment" by an Paragraphs (3) and (4) of this exclusion do not "auto"owned or operated by or rented or loaned apply to "property damage" arising from the use of to any insured; or elevators. (2) The use of "mobile equipment" in, or while in Paragraphs (3), (4), (5) and (6) of this exclusion do practice for, or while being prepared for, any not apply to liability assumed under a sidetrack prearranged racing, speed, demolition, or agreement. stunting activity Paragraphs (3) and (4) of this exclusion do not 1. War apply to"property damage" to borrowed equipment while not being used to perform operations at the "Bodily injury" or "property damage", however job site caused, arising,directly or indirectly,out of, Paragraph (6) of this exclusion does not apply to (1) War, including undeclared or civil war, "property damage" included in the "products- (2) Warlike action by a military force, including completed operations hazard" action in hindering or defending against an k. Damage To Your Product actual or expected attack, by any government, sovereign or other authority using military "Property damage"to "your product"arising out of it personnel or other agents; or or any part of it (3) Insurrection, rebellion, revolution, usurped 1• Damage To Your Work power, or action taken by governmental "Property damage"10 "your work"arising out of it or authority in hindering or defending against any any part of it and included in the "products- of these completed operations hazard". j, Damage To Property This exclusion does not apply if the damaged work "Property damage"to, or the work out of which the damage arises was 1 Properly you own rent or occupy, including an performed on your behalf by a subcontractor. O P Y Y � PY� 9 Y costs or expenses incurred by you, or any other m. Damage To Impaired Property Or Property Not person, organization or entity, for repair, Physically Injured replacement, enhancement, restoration or "Property damage" to "impaired property" or maintenance of such property for any reason, property that has not been physically injured, including prevention of injury to a person or arising out of, damage to another's property, (1) A defect, deficiency, inadequacy or dangerous (2) Premises you sell, give away or abandon, if the condition in"your product"or"your work", or "property damage" arises out of any part of (2) A delay or failure by you or anyone acting on those premises; your behalf to perform a contract or agreement (3) Property loaned 10 you; in accordance with its terms, (4) Personal property in the care,custody or control This exclusion does not apply to the loss of use of of the insured, other property arising out of sudden and accidental (5) Thai particular part of real property on which physical injury io "your product' or"your work" after you or any contractors or subcontractors it has been put to its intended use Page 4 of 18 FIG 00 01 06 05 n. Recall Of Products, Work Or Impaired kind to persons or property which would not Property have occurred in whole or in part but for the Damages claimed for any loss, cost or expense "asbestos hazard"; a incurred by you or others for the loss of use, (b) Arise out of any request, demand, order or withdrawal, recall, inspection, repair, replacement, statutory or regulatory requirement that any adjustment, removal or disposal of. insured or others test for, mondor, clean up, (1) "Your product" remove, encapsulate, contain, treat, detoxify (2) "Your work or or neutralize or in any way respond to or assess the effects of an asbestos hazard"; (3) "Impaired property"; or if such product, work, or property is withdrawn or (c) Arise out of any Balm or suit for damages recalled from the market or from use by any person because of testing for, monitoring, cleaning or organization because of a known or suspected up, removing, encapsulating, containing, defect, deficiency, inadequacy or dangerous treating, detowfying or neutralizing or in any condition in it way responding to or assessing the effects o. Personal And Advertising Injury of an"asbestos hazard" "Bodily injury" arising out of "personal and Damage To Premises Rented To You — Exception advertising injury" For Damage By Fire,Lightning Or Explosion p. Electronic Data Exclusions c.through h. and j. through n. do not apply ? Damages arising out of the loss of, loss of use of, to damage by fire, lightning or explosion to premises corrupt while rented to you or temporarily occupied by you with damage a ion of, inability 10 access, or inability to manipulate corruption electronic data. permission of the owner A separate limit of insurance applies to this coverage as described in Section III — As used in this exclusion, electronic data means Limits Of Insurance. information, facts or programs stored as or on, COVERAGE B PERSONAL AND ADVERTISING created or used on, or transmitted to or from INJURY LIABILITY computer software, including systems and applications software, hard or floppy disks, CD- 1. Insuring Agreement ROMS, tapes, drives, cells, data processing a. We will pay those sums that the insured becomes devices or any other media which are used with legally obligated to pay as damages because of electronically controlled equipment. "personal and advertising injury" to which this q. Employment-Related Practices insurance applies. We will have the right and duty to defend the insured against any "suit" seeking "Bodily injury"to, those damages However, we will have no duty to (1) A person arising out of any "employment— defend the insured against any "suit" seeking related practices"; or damages for "personal and advertising injury" to (2) The spouse, child, parent, brother or sister of which this insurance does not apply, We may, at that person as a consequence of "bodily injury" our discretion, investigate any offense and settle to that person at whom any "employment- any claim or"suit"that may result. But: related practices"are directed (1) The amount we will pay for damages is limited This exclusion applies; as described in Section III — Limits Of (1) Whether the insured may be liable as an Insurance; and em ployer or in any other capacity; and (2) Our right and duty to defend end when we have (2) To any obligation to share damages with or used up the applicable limit of insurance in the repay someone else who must pay damages payment of judgments or settlements under because of the injury Coverages A or B or medical expenses under Coverage C. r. Asbestos No other obligation or liability to pay sums or (1) "Bodily injury" or "property damage" arising out perform acts or services is covered unless explicitly of the"asbestos hazard". provided for under Supplementary Payments — (2) Any damages, judgments, settlements, loss, Coverages A and B. costs or expenses that b. This insurance applies to "personal and advertising (a) May be awarded or incurred by reason of injury" caused by an offense arising out of your any claim or suit alleging actual or business but only if the offense was committed in threatened injury or damage of any nature or the "coverage territory"during the policy period HG 00 01 06 05 Page 5 of 18 2. Exclusions (2) Slogan, unless the slogan is also a trademark, This insurance does not apply to; trade name, service mark or other designation a. Knowing Violation Of Rights Of Another of origin or authenticity,or Personal and advertising injury arising out of an (3) Title of any literary or artistic work offense committed by, at the direction or with the 1• Insureds In Media And Internet Type consent or acquiescence of the insured wish the Businesses expectation of inflicting "personal and advertising "Personal and advertising injury" committed by an injury". insured whose business is. b. Material Published With Knowledge Of Falsity (1) Advertising, broadcasting, publishing or "Personal and advertising injury" arising out of oral, telecasting; written or electronic publication of material, if done (2) Designing or determining content of web sites by or at the direction of The insured with knowledge for others;or of its falsity (3) An Internet search, access, content or service c. Material Published Prior To Policy Period provider, "Personal and advertising injury" arising out of oral, However, this exclusion does not apply to written or electronic publication of material whose Paragraphs 17.a., b. and c, of "personal and first publication took place before the beginning of advertising injury" underthe Definitions Section the policy period For the purposes of this exclusion, placing an d. Criminal Acts "advertisement"for or linking to others on your web "Personal and advertising injury" arising out of a site, by itself, is not considered the business of criminal act committed by or at the direction of the advertising, broadcasting, publishing or telecasting, insured, k. Electronic Chatrooms Or Bulletin Boards e. Contractual Liability "Personal and advertising injury" arising out of an "Personal and advertising injury" for which the electronic chairoom or bulletin board the insured insured has assumed liability in a contract or hosts, owns, or over which the insured exercises agreement This exclusion does not apply to I lability control for damages that the insured would have in the 1. Unauthorized Use Of Another's Name Or absence of the contract or agreement. Product f. Breach Of Contract "Personal and advertising injury" arising out of the "Personal and advertising injury" arising out of a unauthorized use of another's name or product in breach of contract, except an implied contract to use your e-mail address, domain name or metatags, or another's"advertising idea"in your"advertisement". any other similar tactics to mislead another's g. Quality Or Performance Of Goods — Failure To potential customers Conform To Statements M. Pollution "Personal and advertising injury" arising out of the "Personal and advertising injury" arising out of the failure of goods, products or services to conform actual, alleged or threatened discharge, dispersal, with any statement of quality or performance made seepage, migration, release or escape of in your"advertisement" "pollutants" at any time. h. Wrong Description Of Prices in. Pollution-Related "Personal and advertising injury" arising out of the Any loss,cost or expense arising out of any- wrong description of the price of goods, products or (1) Request, demand, order or statutory or services. regulatory requirement that any insured or t. Infringement Of Intellectual Property Rights others test for, monitor, clean up, remove, contain, treat, detoxifv or neuirali7e nr in any "Personal and advert:oIng injury'" arising out Of any way respond to, or assess the effects of, violation of any intellectual property rights such as "pollutants",or copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin (2) Claim or suit by or on behalf of a governmental or authenticity, authority for damages because of testing for, However, this exclusion does not apply to monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any infringement, in your"advertisement", of way responding to, or assessing the effects of, (1) Copyright; "pollutants" Page 6 of 18 HG 00 01 06 05 o. War (2) The spouse, child, parent, brother or sister of "Personal and advertising injury", however caused, that person as a consequence of "personal and arising, directly or indirectly, out of advertising injury to that person at whom any (1) War,including undeclared or civil war; employment-related practices are directed. (2) Warlike action by a military force, including This exclusion applies, action in hindering or defending against an (1) Whether the insured may be liable as an actual or expected attack, by any government, employer or in any other capacity,and sovereign or other authority using military (2) To any obligation 10 share damages with or personnel or other agents; or repay someone else who must pay damages (3) Insurrection, rebellion, revolution, usurped power, because of the injury or action taken by governmental authority in v. Asbestos hindering or defending against any of these (1) "Personal and advertising injury" arising out of p. Internet Advertisements And Content Of Others the "asbestos hazard" "Personal and advertising mjory"arising out of: (2) Any damages, judgments, settlements, loss, (1) An"advertisement"for others on your web site, costs or expenses that: (2) Placing a link to a web site of others on your (a) May be awarded or incurred by reason of web site, any claim or suit alleging actual or (3) Content, including information, sounds, text, threatened injury or damage of any nature or graphics, or images from a web site of others kind to persons or property which would not displayed within a frame or border on your web have occurred in whole or in part but for the "asbestos hazard";site;or 9 (4) Computer code, software or programming used (b) Arise out of any request, demand, order or to enable: statutory or regulatory requirement that any insured or others lest for, monitor, clean up, (a) Your web site; or remove, encapsulate, contain, treat, detoxify (b) The presentation or functionality of an or neutralize or in any way respond to or "advertisement" or other content on your assess the effects of an "asbestos hazard", web site or q. Right Of Privacy Created By Statute (c) Anse out of any claim or suit for damages "Personal and advertising injury" arising out of the because of testing for, monitoring, cleaning violation of a person's right of privacy creased by up, removing, encapsulating, containing, any slate federal act. treating, detoxifying or neutralizing or in any way responding to or assessing the effects However, this exclusion does not apply to liability of an"asbestos hazard" for damages that the insured would have in the COVERAGE C MEDICAL PAYMENTS absence of such state or federal act r. Violation Of Anti-Trust law 1. Insuring Agreement „ a. We will pay medical expenses as described below Personal and advertising injury arising out of a for"bodily injury"caused by an accident- violation of any anti-trust law s. Securities (1) On premises you own or rent; "Personal and advertising injury" arising out of the (2) On ways next to premises you own or rent,or fluctuation in price or value of any stocks, bonds or (3) Because of your operations; other securities provided that: It. Discrimination Or Humiliation (1) The accident takes place in the "coverage "Personal and advertising injury" arising out of territory"and during the policy period discrimination or humiliation committed by or at the (2) The expenses are incurred and reported to us direction of any "executive officer", director, within three years of the date of the accident, stockholder, partner or member of the insured and u. Employment-Related Practices (3) The injured person submits to examination, at "Personal and advertising injury"to: our expense, by physicians of our choice as (1) A person arising out of any "employment— often as we reasonably require related practices",or HG 00 0106 05 Page 7 of 18 b. We will make these payments regardless of fault. e. All costs taxed against the insured in the"suit". These payments will not exceed the applicable limit f. Prejudgment interest awarded against the insured of insurance We will pay reasonable expenses for: on that part of the judgment we pay If we make an (1) First aid administered at the lime of an accident; offer to pay the applicable li mil of insurance,we will (2) Necessary medical, surgical, x-ray and dental not pay any prejudgment interest based on that services, including prosthetic devices; and period of time after the offer. (3) Necessary ambulance, hospital, professional g• All interest on the full amount of any judgment that nursing and funeral services, accrues after entry of the judgment and before we 2. Exclusions have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable We will not pay expenses for"bodily injury": limit of insurance a. Any Insured These payments will not reduce the limits of insurance To any insured, except"volunteer workers" 2. If we defend an insured against a "suit" and an b. Hired Person indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the To a person hired to do work for or on behalf of any following conditions are met insured or a tenant of any insured c. Injury On Normally Occupied Premises a. The "suit" against indemnitee seeks damages for which the insured has assumed the liability of To a person injured on that part of premises you the indemnitee in a contract or agreement that is an own or rent that the person normally occupies. "insured contract", d. Workers Compensation And Similar Laws b. This insurance applies 10 such liability assumed by To a person, whether or not an "employee" of any the insured, insured, if benefits for the "bodily injury" are payable c. The obligation to defend, or the cost of the defense or must be provided under a workers' compensation of, that indemnitee, has also been assumed by the or disability benefits law or a similar law insured in the same "insured contract"; e. Athletics Activities d. The allegations in the "suit" and the information we To a person injured while practicing, instructing or know about the "occurrence" are such that no participating in any physical exercises or games, conflict appears to exist between the interests of sports, or athletic contests the insured and the interests of the indemnitee, f. Products-Completed Operations Hazard e. The indemnitee and the insured ask us to conduct Included within the "products-completed operations and control the defense of that indemnitee against hazard" such suit and agree that we can assign the same counsel to defend the insured and the indemnitee, g. Coverage A Exclusions and Excluded under Coverage A. f. The indemnitee, SUPPLEMENTARY PAYMENTS — COVERAGES (1) Agrees in writing to, A AND B (a) Cooperate with us in the investigation, 1. We will pay,with respect to any claim we investigate or settlement or defense of the "suit", settle, or any"suit" against an insured we defend; (b) Immediately send us copies of any a. All expenses we incur demands, notices, summonses or legal b. Up to $1,000 for cost of bail bonds required papers received in connection with the "suit", because of accidents or traffic law violations arising (c) Notify any other insurer whose coverage is out of the use of any vehicle to which the Bodily available to the tndemndee,and Injury Liability Coverage applies We do not have to furnish these bonds (d) Cooperate with us with respect to coordinating other applicable insurance c. The cost of appeal bonds or bonds to release available to the indemnitea;and attachments, but only for bond amounts within the (2) Provides us with written authorization to: applicable limit of insurance We do not have to furnish these bonds (a) Obtain records and other information related d. All reasonable expenses incurred by the insured at to the"suit", and our request 10 assist us in the investigation or (b) Conduct and control the defense of the defense of the claim or "suit", including actual loss indemnitee in such "suit" of earnings up to $600 a day because of time off So long as the above conditions are met, attorneys' from work fees incurred by us in the defense of that indemnitee, Page 8 of 18 HG 00 01 06 05 necessary litigation expenses incurred by us and However, none of these "employees" or "volunteer necessary litigation expenses incurred by the workers" are insureds for; indemniiee at our request will be paid as (1) "Bodily injury" or "personal and advertising Supplementary Payments Notwithstanding the injury" provisions of Paragraph 2 b.(2) of Section I — Coverage A — Bodily Injury And Property Damage (a) To you, to your partners or members (if you Liability, such payments will not be deemed to be are a partnership or joint venture), to your damages for"bodily injury"and "property damage"and members (if you are a limited liability will not reduce the limits of insurance. company), to a co-"employee" while in the course of his or her employment or Our obligation to defend an insured's indemnitee and performing duties related to the conduct of to pay for attorneys' fees and necessary litigation your business, or to your other "volunteer expenses as Supplementary Payments encs when. workers" while performing duties related to a. We have used up the applicable limit of insurance the conduct of your business, in the payment of judgments or settlements;or (b) To the spouse,child, parent, brother or sister b. The conditions set forth above, or the terms of the of that co-"employee" or that "volunteer agreement described in Paragraph f.above, are no worker" as a consequence of Paragraph longer met. (1)(a) above; SECTION II—WHO IS AN INSURED (c) For which there is any obligation to share 1. If you are designated in the Declarations as, damages with or repay someone else who a. An individual, you and your spouse are insureds, must pay damages because of the injury described in Paragraphs (1)(a) or (b) above, but only with respect to the conduct of a business or of which you are the sole owner b. A partnership or joint venture, you are an insured (d) Arising out of his or her providing or fading to provide professional health care services Your members, your partners, and their spouses are also insureds, but only with respect 10 the If you are not in the business of providing conduct of your business, professional health care services, Paragraph (d) c. A limited liability company, you are an insured. does not apply to any nurse, emergency Your members are also insureds, but only with medical technician or paramedic employed by you to provide such services. respect to the conduct of your business Your managers are insureds, but only with respect to (2) "Property damage'to property. their duties as your managers (a) Owned, occupied or used by, d. An organization other than a partnership, joint (b) Rented to, in the care, custody or control of, venture or limited liability company, you are an or over which physical control is being insured Your "executive officers" and directors are exercised for any purpose by insureds, but only with respect to their duties as you, any of your "employees", "volunteer your officers or directors Your stockholders are also insureds but onlywith respect to their liability workers", any partner member (if you are a p y partnership or joint venture), or any member (if as stockholders. you are a limited liability company). e. A trust, you are an insured, Your trustees are also b. Real Estate Manager insureds, but only with respect to their duties as trustees Any person (other than your "employee" or "volunteer worker"), or any organization while 2. Each of the following is also an insured, acting as your real estate manager. a. Employees and Volunteer workers c. Temporary Custodians of Your Property Your "volunteer workers" only while performing Any person or organrzauon having proper duties related to the conduct of your business, or temporary custody of vour property if you die, but your"eiTiployees", other than elthel your "executive Only. officers" (if you are an organization other than a partnership, joint venture or limited liability (1) With respect to liability arising out of the company) or your managers (if you are a limited maintenance or use of that property, and liability company), but only for acts within the scope (2) Until your legal representative has been of their employment by you or while performing appointed, duties related to the conduct of your business d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such Thai representative will HG 00 01 05 05 Page 9 of 1B i have all your rights and duties under this Coverage 5. Nonowned Watercraft Part With respect to watercraft you do not own that is less e. Unnamed Subsidiary than 51 feel long and is not being used to carry Any subsidiary, and subsidiary thereof, of yours persons for a charge, any person is an insured while which is a legally incorporated entity of which you operating such watercraft with your permission. Any own a financial interest of more than 50% of the other person or organization responsible for the voting stock on the effective date of the Coverage conduct of such person is also an insured, but only Part with respect to liability arising cut of the operation of The insurance afforded herein for any subsidiary the watercraft, and only If no other insurance of any not named in this Coverage Part as a named kind is available to that person or organization for this liability insured does not apply to injury or damage with respect to which an insured under this Coverage However, no person or organization is an insured with Part is also an insured under another policy or respect to: would be an insured under such policy but for its a. "Bodily injury" 10 a co-"employee" of the person termination or the exhaustion of its limits of operating the watercraft,or insurance b "Property damage"to property owned by, rented to, 3 Newly Acquired or Formed Organization in the charge of or occupied by you or the employer Any organization you newly acquire or form,other than of any person who is an insured under this a partnership, joint venture or limited Lability company, provision. and over which you maintain financial interest of more 6. Additional Insureds When Required By Written than 50% of the voting stock, will qualify as a Named Contract,Written Agreement Or Permit Insured if there is no other similar insurance available The following person(s) or organization(s) are an to that organization. However additional insured when you have agreed, in a written a. Coverage under this provision is afforded only until contract, written agreement or because of a permit the 180th day after you acquire or form the issued by a state or political subdivision, that such organization or the end of the policy period, person or organization be added as an additional whichever is earlier; insured on your policy, provided the injury or damage b. Coverage A does not apply 10 "bodily injury" or occurs subsequent to the execution of the contract or "property damage" that occurred before you agreement, acquired or formed the organization, and A person or organization is an additional insured under c. Coverage B does not apply to "personal and this provision only for that period of time required by adve,tsing injury" arising out of an offense the contract or agreement. committed before you acquired or formed the However, no such person or organization is an insured organization under this provision if such person or organization is 4. Mobile Equipment included as an insured by an endorsement issued by With respect to "mobile equipment" registered in your us and made a part of this Coverage Part name under any motor vehicle registration law, any a. Vendors person is an insured while driving such equipment Any person(s) or organization(s) (referred to below along a public highway with your permission.Any other as vendor), but only with respect to "bodily injury" person or organization responsible for the conduct of or "property damage" arising out of "your products" such persons also an insured, but only with respect to which are distributed or sold in the regular course liability arising out of the operation of the equipment, of the vendor's business and only if this Coverage and only if no other insurance of any kind is available Part provides coverage for "bodily injury" or to that person or organization for this liability However, "properly damage" included within the "products- no person or organization is an insured with respect to completed operations hazard". a. "Bodily injury" to a co-"employee" of the person (1) The insurance afforded the wendor is subject to driving the equipment,or the following additional exclusions. b. "Property damage"to property owned by,rented to, This insurance does not apply to, in the charge of or occupied by you or the employer (a) "Bodily injury" or "property damage" for of any person who is an insured under this which the vendor is obligated to pay provision, damages by reason of the assumption of liability in a contract or agreement This exclusion does not apply is liability Tor damages that the vendor would have in the absence of the contract or agreement, Page 10 of 18 HG 00 01 06 05 (b) Any express warranty unauthorized by you; c. Lessors of Land or Premises (c) Any physical or chemical change in the Any person or organization from whom you lease product made intentionally by the vendor, land or premises, but only with respect to liability (d) Repackaging, except when unpacked solely arising out of the ownership, maintenance or use of for the purpose of inspection, demonstration, that part of the land or premises leased to you J testing, or the substitution of parts under With respect to the insurance afforded these instructions from the manufacturer, and then additional insureds the following additional repackaged in the original container, exclusions apply' (e) Any failure to make such inspections, This insurance does not apply to: adjustments,tests or servicing as the vendor 1. Any "occurrence" which takes place after you 3 has agreed to make or normally undertakes cease to lease that land, or to make in the usual course of business, in connection with the distribution or sale of the 2• Structural alterations, new construction or products, demolition operations performed by or on behalf (f) Demonstration, installation, servicing or of such person or organization. repair operations, except such operations d. Architects, Engineers or Surveyors performed at the vendor's premises in Any architect, engineer, or surveyor, but only with connection with the sale of the product, respect to liability for "bodily injury", "property (g) Products which, after distribution or sale by damage" or "personal and advertising injury" you, have been labeled or relabeled or used caused, in whole or in part, by your acts or as a container, part or ingredient of any omissions or the acts or omissions of those acting other thing or substance by or for the on your behalf vendor;or (1) In connection with your premises,or (h) "Bodily injury" or "property damage" arising (2) In the performance of your ongoing operations out of the sole negligence of the vendor for performed by you or on your behalf its own acts or omissions or those of its With respect 10 the insurance afforded these employees or anyone else acting on its additional insureds, the following additional behalf. However, this exclusion does not exclusion applies apply to. This insurance does not apply to "bodily injury" (i)The exceptions contained in Sub- "property damage" or "personal and advertising paragraphs (d)or (f),or injury" arising out of the rendering of or the failure I (n) Such inspections, adjustments, tests or to render any professional services by or for you, servicing as the vendor has agreed to including; make or normally undertakes to make in 1. The preparing, approving, or failing toprepare the usual course of business in p p 9 pp 9 g o ' or approve, maps, shop drawings, opinions, connection with the distribution or sale of reports, surveys, field orders, change orders or the products drawings and specifications;or (2) This insurance does not apply to any insured 2. Supervisory, inspection, architectural or person or organization, from whom you have engineering activities. acquired such products, or any ingredient, pars e. Permits Issued By State Or Political or container, entering into, accompanying or Subdivisions containing such products. b. Lessors of Equipment Any state or political subdivision, but only with respect to operations performed by you or on your (1) Any person or organization from whom you behalf for which the state or political subdivision lease equipment, but only with respect to their has issued a permit liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in With respect to the insurance afforded these whole or in part, by your maintenance, operation additional insureds, this insurance does not apply or use of equipment leased to you by such to: person or organization. (1) "Bodily injury", "property damage" or "personal (2) With respect to the insurance afforded to these and advertising injury" arising out of operations additional insureds this insurance does not performed for the state or municipality,or apply to any "occurrence" which takes place (2) "Bodily injury" or "property damage" included after the equipment lease expires, within the "products-completed operations hazard". HG 00 0106 06 Page 11 of 18 f. Any Other Party c. Persons or organizations making claims or bringing Any other person or organization who is not an "suits". insured under Paragraphs a through e above, but 2. General Aggregate Limit only with respect to liability for "bodily injury", The General Aggregate Limit is the most we will pay 'property damage" or "personal and advertising for the sum of injury" caused, in whole or in part, by your acts or a. Medical expenses under Coverage C; omissions or the acts or omissions of those acting on your behalf: b. Damages under Coverage A, except damages (1) In the performance of your ongoing operations; because of "bodily injury" or "properly damage" (2) In connection with your premises owned by or included in the "products-completed operaticns hazard , and rented to you;or c. Damages under Coverage B. (3) In connection with "your work" and included within the "products-completed operations 3. Products-Completed Operations Aggregate Limit hazard", but only if The Products-Completed Operations Aggregate Limit (a) The written contract or agreement requires is the most we will pay under Coverage A for damages you to provide such coverage to such because of "bodily injury" and "property damage" additional insured, and included in the "products-completed operations (b) This Coverage Part provides coverage for hazard" "bodily injury" or "property damage" included 4. Personal and Advertising Injury Limit within the "products-completed operations Subject to 2, above, the Personal and Advertising hazard" Injury Limit is the most we will pay under Coverage B With respect to the insurance afforded to these for the sum of all damages because of all "personal additional insureds, this insurance does not apply and advertising injury" sustained by any one person or to organization "Bodily injury", "property damage" or "personal and 5. Each Occurrence Limit advertising injury" arising out of the rendering of, or Subject to 2. or 3 above, whichever applies, the Each the failure to render, any professional architectural, Occurrence Limit is the most we will pay for the sum engineering or surveying services, including: of (1) The preparing, approving, or failing to prepare a. Damages under Coverage A;and or approve, maps, shop drawings, opinions, b. Medical expenses under Coverage C reports, surveys, field orders, change orders or because of all "bodily injury" and "property damage" drawings and specifications, or „ (2) Supervisory, inspection, architectural or arising out of any one 'occurrence engineering activities 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented The limits of insurance that apply to additional insureds To You Limit is the most we will pay under Coverage A under this provision is described in Section III — Limits for damages because of"property damage"to any one Of Insurance premises, while reeled to you, or in the case of How this insurance applies when other insurance is damage by fire, lightning or explosion, while reeled to available to the additional insured is described in the you or temporarily occupied by you with permission of Other Insurance Condition in Section IV— Commercial the owner. General Liability Conoitions In the case of damage by fire, lightning or explosion, No person or organization is an insured with respect to the the Damage to Premises Rented To You Limit applies conduct of any current or past partnership,joint venture or to all damage proximately caused by the same event, limited liability company that is not shown as a Named whether such damage results from fire, lightning or Insured in the Declarations, explosion or any combination of these SECTION Ill—LIMITS OF!P:SUP,ANCE 7. Medical Expense Limit1. The Most We will Pay Subject to 5. above, the Medical Expense Limit is the The Limits of Insurance shown in the Declarations and most we will pay under Coverage C for all medical the rules below fix the most we will pay regardless of expenses because of "bodily injury" sus'amed by any the number of: one person a. Insureds; 8. How Limits Apply To Additional Insureds b. Claims made or"suits"brought;or If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 added as an additional insured on your policy, the (3) Cooperate with us in the investigation or most we will pay on behalf of such additional insured is settlement of the claim or defense against the the lesser of "suit", and a. The limits of insurance specified in the written (4) Assist us, upon our request, in the enforcement of contract or written agreement, or any right against any person or organization which b. The Limits of Insurance shown in the Declarations. may be liable to the insured because of injury or Such amount shall be a part of and not in addition to damage to which this insurance may also apply, Limits of Insurance shown in the Declarations and d. Obligations At The Insureds Own Cost described in this Section No insured will, except at that insured's own cost, The Limits of Insurance of this Coverage Part apply voluntarily make a payment, assume any separately to each consecutive annual period and to any obligation, or incur any expense, other than for first remaining period of less than 12 months, starting with the aid,without our consent i beginning of the policy period shown in the Declarations, e. Additional Insureds Other Insurance unless the policy period is extended after issuance for an If we cover a claim or "suit" under this Coverage additional period of less than 12 months In that case,the part that may also be covered by other insurance additional period will be deemed part of the last preceding available to an additional insured, such additional period for purposes of determining the Limits of Insurance, insured must submit such claim or "suit" to the SECTION IV — COMMERCIAL GENERAL LIABILITY other insurer for defense and indemnity CONDITIONS However, this provision does not apply to the 1. Bankruptcy extent that you have agreed in a written contract or Bankruptcy or insolvency of the insured or of the written agreement that this insurance is primary insured's estate will not relieve us of our obligations and non-coninbutory with the additional insured's under this Coverage Part, own insurance. 2. Duties In The Event Of Occurrence, Offense, Claim f. Knowledge Of An Occurrence, Offense, Claim Or Suit Or Suit a. Notice Of Occurrence Or Offense Paragraphs a. and b. apply to you or to any adds ional insured only when such "occurrence", You or any additional insured must see to it that we offense,claim or "suit"is known to: are notified as soon as practicable of an occurrence or an offense which may result in a (1) You or any additional insured that is an claim To the extent possible,no+ice should include; individual; (1) How, when and where the "occurrence" or (2) Any partner, if you or an additional insured is a offense tooK place, partnership, 12) The names and addresses of any injured (3) Any manager, if you or an additional insured is a persons and witnesses; and limited liability company; (3) The nature and location of any injury or damage (4) Any "executive officer" or insurance manager, if arising out of the "occurrence"or offense you or an additional insured is a corporation, b. Notice Of Claim (5) Any trustee, if you or an additional insured is a If a claim is made or "suit" is brought against any trust,or insured,you or any additional insured must; (6) Any elected or appointed official, if you or an (1) Immediately record the specifics of the claim or additional insured is a political subdivision or "suit"and the date received, and public entity (2) Notify us as soon as practicable This duty applies separately to you and any additional insured You or any additional insured must see to it that we 3. Legal Action Against Us rece,ve written notice of the claim or suit as soon as practicable. No person or organization has a right under this c. Assistance And Cooperation Of The Insured Coverage Part: You and any ocher involved insured must: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured,or (1) Immediately send us copies of any demands, b. To sue us on this Coverage Part unless all of its notices, summonses or legal papers received in terms have been fully complied with connection with the claim or"suit", (2) Authorize us to obtain records and other A person or organization may sue us recover an agreed settlement or on a final judgment against an information; insured, but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 01 06 05 page 13 of 18 that are in excess of the applicable limit of insurance, (7) When You Add Others As An Additional An agreed settlement means a settlement and release Insured To This Insurance of liability signed by us,the insured and the claimant or Any other insurance available to an additional the claimant's legal representative insured. 4. Other Insurance However, the following provisions apply to other If other valid and collectible insurance is available to insurance available to any person or the insured for a loss we cover under Coverages A or organization who is an additional insured under B of this Coverage Part, our obligations are limited as this coverage part. follows; (a) Primary Insurance When Required By a. Primary Insurance Contract This insurance is primary except when b. below This insurance is primary if you have agreed applies If other insurance is also primary, we will in a written contract or written agreement share with all that other insurance by the method that this insurance be primary, If other described in c. below, insurance is also primary, we will share with b. Excess Insurance all that other insurance by the method This insurance is excess over any of the other described in c. below. insurance, whether primary, excess, contingent or (b) Primary And Non-Contributory To Other on any other basis- Insurance When Required By Contract (1) Your Work If you have agreed in a written contract, written agreement, or permit that this That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your insurance primary and non-contributory work", with the addd itional insureds own insurance, this insurance is primary and we will not (2) Premises Rented To You seek contribution from that other insurance, That is fire, lightning or explosion insurance for Paragraphs (a) and (b) do not apply to other premises rented to you or temporarily occupied insurance to which the additional insured has by you with permission of the owner, been added as an additional insured (3) Tenant Liability When this insurance is excess, we will have no That is insurance purchased by you to cover duty under Coverages A or B to defend the insured your liability as a tenant for "property damage" against any 'suit" if any other insurer has a duty to to premises rented to you or temporarily defend the insured against that "suit". If no other occupied by you with permission of the owner; insurer defends, we will undertake to do so, but we Aircraft,Auto Or Watercraft will be entitled to the insured's rights against all (4) those other insurers If the loss arises out of the maintenance or use When this insurance is excess over other of aircraft, "autos" or watercraft to the extent not insurance, we will pay only our share of the amount subject to Exclusion g of Section I — Coverage of the loss, if any, that exceeds the sum of A-- Bodily Injury And Property Damage Liability, (1) The total amount that all such other insurance (5) Property Damage to Borrowed Equipment Or would pay for the loss in the absence of this Use Of Elevators insurance, and If the loss arises out of "property damage" to (2) The total of all deductible and self-insured borrowed equipment or the use of elevators to amounts under all that other insurance the extent not subject to Exclusion j. of Section - Coverage A - Bodily Injury And Property We will share the remaining loss, if any, with any Damage Liability; other insurance that is not described in this Excess Insurance provision and was not bought specifically (6) When You Are Added As An Additional to apply in excess of'he Limits of Insurance shown Insured To Other Insurance in the Declarations of this Coverage Part, Any other insurance available to you covering c. Method Of Sharing habdhty for damages arising out of the premises or operations, or products and completed If all of the other insurance permits contribution by operations, for which you have been added as equal shares,we will follow this method also Under an additional insured by chat insurance, or this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, wniehever comes first Page 14 of 18 HG 00 0106 05 r If any of the other insurance does not permit insured will bring "suit"or transfer those rights to us contribution by equal shares, we will contribute by and help us enforce them, limits Under this method, each insurer's share is b. Waiver Of Rights Of Recovery (Waiver Of based on the rato of its applicable limit of Subrogation) insurance to the total applicable limits of insurance of all insurers. If the insured has waived any rights of recovery 5. Premium Audit against any person or organization for all or part of any payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Part, we also j Part in accordance with our rules and rates waive that right, provided the insured waived their b Premium shown in this Coverage Part as advance rights of recovery against such person or premium is a deposit premium only At the close of organization in a contract, agreement or permit that a each audit period we will compute the earned was executed prior to the injury or damage premium for that period and send notice to the first 9. When We Do Not Renew j Named Insured. The due date for audit and If we decide not to renew this Coverage Part, we will retrospective premiums is the date shown as the mail or deliver to the first Named Insured shown in the due date on the bill. If the sum of the advance and Declarations written notice of the nonrenewal not less audit premiums paid for the policy period is greater than 30 days before the expiration date than the earned premium, we will return the excess to the first Named Insured. If notice is mailed, proof of mailing will be sufficient proof of notice. c. The first Named Insured must keep records of the SECTION V—DEFINITIONS information we need for premium computation, and send us copies at such times as we may request 1. "Advertisement" means the widespread public 6. Representations dissemination of information or images that has the purpose of inducing the sale of goods, products or a. When You Accept This Policy services through; By accepting this policy,you agree: a. (1) Radio; (1) The statements in the Declarations are accurate (2) Television; and complete, (3) Billboard, (2) Those statements are based upon representations you made to us;and (4) Magazine, f (3) We have issued this policy in reliance upon your (5) Newspaper, or representations b. Any other publication that is given widespread t b. Unintentional Failure To Disclose Hazards public distribution If unintentionally you should fail to disclose all However, "advertisement"does not include: hazards relating to the conduct of your business a. The design, printed material, information or images that exist at the inception date of this Coverage contained in, on or upon the packaging or labeling Part, we shall not deny coverage under this of any goods or products; or Coverage Part because of such failure. b. An interactive conversation between or among 7. Separation Of Insureds persons through a computer network. Except with respect to the Limits of Insurance, and any 2. 'Adveriising idea" means any idea for an rights or duties specifically assigned in this Coverage 'advertisement". Part to the first Named Insured,this insurance applies. 3. "Asbestos hazard" means an exposure or threat of a. As if each Named Insured were the only Named exposure to the actual or alleged properties of Insured; and asbestos and includes the mere presence of asbestos b. Separately to each insured against whom claim is in any form, made or "suit":s brought 4. "Auto" means d land motor vehicle,trailer or semitrailer 8. Transfer Of Rights Of Recovery Against Others To designed for travel on public roads, including any Us attached machinery or equipment But "auto" does not a. Transfer of Rights Of Recovery include"mobile equipment" If the insured has rights to recover all or part of any 5. "Bodily injury" means physical.a. Injury; payment, including Supplementary Payments, we have made under this Coverage Part, those rights b. Sickness;or are transferred to us The insured must do nothing c. Disease after loss to impair them At our request, the sustained by a person and, if arising out of the above, mental anguish or death at any time. HG 00 01 06 05 Page 15 of 1B 6. "Coverage territory"means- rented to you or temporarily occupied by you with a. The United States of America (including its territories permission of the owner is subject to the Damage and possessions), Puerto Rico and Canada; to Premises Rented To You Limit described in b International waters or airspace, but only if the Section III—Limits of Insurance, injury or damage occurs in the course of travel or b. A sidetrack agreement; transportation between any places included in a. c. Any easement or license agreement, including an above; or easement or license agreement in connection with c. All other parts of the world if the injury or damage construclion or demolition operations on or within arises out of 50 feet of a railroad; (1) Goods or products made or sold by you in the d. An obligation, as required by ordinance, to territory described in a.above; indemnify a municipality, except in connection with (2) The activities of a person whose home is in the work for a municipality; territory described in a. above, but is away for a e. An elevator maintenance agreemenl; short time on your business; or f. That part of any other contract or agreement (3) "Personal and advertising injury" offenses that pertaining to your business (including an take place through the Internet or similar indemnification of a municipality in connection with electronic means of communication work performed for a municipality) under which you provided the insured's responsibility to pay damages is assume the tort liability of another party to pay for bodily injury or property damage to a third determined in the United States of America (including its person or organization, provided the "bodily injury" territories and possessions), Puerto Rico or Canada, in a or "property damage" is caused, in whole or in part, suit on the merits according to the substantive law in by you or by those acting on your behalf. Tort such territory or in a settlement we agree to liability means a liability that would be imposed by 7. "Employee" includes a "leased worker" "Employee" law in the absence of any contract or agreement does not include a"temporary worker" Paragraph f. includes that part of any contract or B. "Employment-Related Practices"means: agreement that indemnifies a rallroad for "bodily s. Refusal to employ a person; injury" or "property damage" arising out of b. Termination of a person's employment; or construction or demolilion operations,within 50 feet of any railroad property and affecting any railroad c, Employment-related practices, policies, acts or bridge or trestle, tracks, road-beds, tunnel, omissions, such as coercion, demotion, evaluation, underpass or crossing. reassignment, discipline, defamation, harassment, However, Paragraph f. does not include that part of humiliation or discrimination directed at a person. any contract or agreement; 9. "Executive officer" means a person holding any of the (1) Thai indemnifies an architect, engineer or officer positions created by your charter, constitution, surveyor for injury or damage arising out of; by-laws or any other similar governing document 10."Hostile fire" means one which becomes uncontrollable (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, or breaks out from where it was intended to be. reports, surveys, field orders, change orders 11."Impaired property" means tangible property, other or drawings and specifications, or than "your product" or"your work",that cannot be used (b) Giving directions or instructions, or failing to or is less useful because' give them, if that is the primary cause of the a. It incorporates "your product' or"your work" that is injury or damage; or known or thought to be defective, deficient, (2) Under which the insured, if an architect, engineer inadequate or dangerous, or or surveyor, assumes liability for an injury or b. You have failed to fulfill the terms of a contract or damage arising out of the insured's rendering or agreement, failure to render prnfPssinnel services, including if such property can be restored to use by- those listed in (1) above and supervisory, a. The repair, replacement, adjustment or removal of Inspection,architectural or engineering activities. "your product" or"your work"; or 13."Leased worker" means a person leased to you by a b. Your fulfilling the terns of the contract or agreement, labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to 12."Insured contract" means: the conduct of your business. "Leased worker" does a. A contract for a lease of premises However, that not include a "temporary worker" portion of the contract for a lease of premises that 14."Loading or unloading" means the handling of property: indemnifies any person or organization for damage a. After it is moved from the place where it is accepted by fire, lightning or explosion to premises while for movement into or onto an aircraft, watercraft or "auto", Page 16 of 18 HG 00 01 06 05 I b. While it is in or on an aircraft, watercraft or"auto'; 16."Occurrence" means an accident, including continuous t or or repeated exposure to substantially the same general c. While it is being moved from an aircraft, watercraft harmful conditions or"auto"to the place where it is finally delivered, 17."Personal and advertising injury" means injury, but "loading or unloading" does not include the including consequential "bodily injury", arising out of movement of property by means of a mechanical one or more of the following offenses: device, other than a hand truck, that is not attached 10 a. False arrest, detention or imprisonment, the aircraft,watercraft or"auto", b. Malicious prosecution, 15. Mobile equipment means any of the following types c. The wrongful eviction from, wrongful entry into, or of land vehicles, including any attached machinery or invasion of the right of private occupancy of a room, equipment dwelling or premises that a person occupies, a Bulldozers, farm machinery, forklifts and other committed by or on behalf of its owner, landlord or vehicles designed for use principally off public lessor, roads; d. Oral, written or electronic publication of material b. Vehicles maintained for use solely on or next to that slanders or libels a person or organization or premises you own or rent; disparages a person's or organization's goods, c. Vehicles that travel on crawler treads; products or services; d. Vehicles, whether self-propelled or not, maintained e. Oral, written or electronic publication of material primarily 10 provide mobility to permanently that violates a person's right of privacy; mounted- f. Copying, in your "advertisement", a person's or (1) Power cranes, shovels, loaders, diggers or organization's "advertising idea" or style of ; drills or "advertisement"; fi (2) Road construction or resurfacing equipment g• Infr,ngement of copyright, slogan, or title of any such as graders,scrapers or rollers, literary or artistic work, in your"advertisement"; or e. Vehicles not described in a., b.,c.or d. above that h. Discrimination or humiliation that results in injury to are not self-propelled and are maintained primarily the feelings or reputation of a natural person. k to provide mobility to permanently attached 18."Pollutants" mean any solid, liquid, gaseous or thermal !, equipment of the following types irritant or contaminant, including smoke, vapor, soot, (1) Air compressors, pumps and generators, fumes, acids, alkalis, chemicals and waste Waste including spraying, welding, budding cleaning, includes materials to be recycled, reconditioned or geophysical exploration, lighting and well reclaimed servicing equipment; or 19."Prod ucts-completed operations hazard": (2) Cherry pickers and similar devices used to raise a. Includes all "bodily injury" and "property damage" or lower workers, occurring away from premises you own or rent and f. Vehicles not described in a., b., c. or d. above arising out of"your product"or"your work" except: maintained primarily for purposes other than the (1) Products that are still in your physical transportation of persons or cargo possession, or However, self-propelled vehicles with the following (2) Work that has not yet been completed or types of permanently attached equipment are not abandoned. However, "your work" will be "mobile equipment"but will be considered"autos` deemed completed at the earliest of the (1) Equipment, of at least 1,000 pounds gross following times vehicle weight, designed primarily for (a) When all of the work called for In your (a) Snow removal; contract has been completed (b) Road maintenance, but not construction or (b) When all of the work to be done at the job resurfacing;or site has been completed if your contract (c) Street cleaning, calls for work at more than one job site (2) Cherry pickers and similar devices mounted on (c) When that part of the work done at a job she has been put to its intended use by any automobile or truck chassis and used to raise or lower workers;and person or organization other than another contractor or subcontractor working on the (3) Air compressors, pumps and generators, same project, including spraying, welding, budding cleaning, Work that may need service, maintenance, geophysical exploration, lighting and well correction, repair or replacement, but which is servicing equipment. otherwise complete, will be treated as completed HG 00 01 06 05 Page 17 of 18 b. Does not include "bodily injury" or "property 22 "Temporary worker" means a person who is damage"arising out of furnished to you to substitute for a permanent (1) The transportation of property, unless the "employee" on leave or to meet seasonal or short- injury or damage arises out of a condition in or term workload conditions on a vehicle not owned or operated by you, 23."Volunteer worker"means a person who r and that condition was created by the "loading a. Is not your"employee", or unloading"of that vehicle by any insured; b. Donates his or her work, (2) The existence of tools, uninsialled equipment or abandoned or unused materials;or c. Acts at the direction of and within the scope of dukes determined by you; and classification,(3) Products , listed in the Declarations or a operations for which the d. Is not paid a fee, salary or other compensation by policy schedule, states that products- you or anyone else for their work performed for completed operations are subject to the you General Aggregate Limit. 24."Your product" 20."Properly damage" means: a. Means, a. Physical injury to tangible property, including all (1) Any goods or products, other than real resulting loss of use of that property, All such loss properly, manufactured, sold, handled, of use shall be deemed to occur at the time of the distributed or disposed of by. physical injury that caused it;or (a) You, b Loss of use of tangible property that is not (b) Others trading under your name,or physically injured All such loss of use shall be deemed to occur at the time of the "occurrence" (c) A person or organization whose business that caused it or assets you have acquired;and As used in this definition, computerized or (2) Containers (other than vehicles), materials, electronically stored data, programs or software are parts or equipment furnished in connection not tangible property Electronic data means with such goods or products, information,facts or programs b. Includes a. Stored as or on, (1) Warranties or representations made at any b. Created or used on,or time with respect to the fitness, quality, durability, performance or use of "your c. Transmitted to or from; product"; and computer software, including systems and (2) The providing of or failure to provide warnings applications software, hard or floppy disks, CD- or instructions ROMS, tapes, drives, cells, data processing devices c. Does not include vending machines or other or any other media which are used with electronically controlled equipment property rented to or located for the use of others but not sold 21."Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal work": "personal and advertising injury" to which this a. Means- insurance applies are alleged "Suit"includes. (1) Work or operations performed by you or on a. An arbitration proceeding in which such damages your behalf, and are claimed and to which the insured must submit (2) Materials, parts or equipment furnished in or does submit with our consent,or connection with such work or operations b. Any other alternative dispute resolution b. Includes proceeding in which such damages are claimed (1) Warranties or representations made at any and to which the insured submits with our time with respect io the fnness, quality, consem. durability, performance or use of "your work", and (2) The providing of or failure 10 provide warnings or instructions Page 18 of 18 HG 00 01 06 05 i REQUEST FOR MAYOR'S SIGNATURE Please Fill in All Applicable Boxes KENO W AS MINGTON This form must be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator. Ken Langholz Phone (Originator). 5516 Date Sent 11/30//J Date Required lQ1vi I Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12 VENDOR NAME: Northwest Hydraulic Consultants, Inc DATE OF COUNCIL APPROVAL: 11/15/11 Brief Explanation of Document: I The attached Amendment No 1 to the Briscoe/Desimone Levee agreement is necessary so NHC can continue to provide technical support in the response to questions by FEMA and Its contractors regarding submittals related to the application for a Conditional Letter of Map Revision (CLOMR) For a summary, see the attached from Mark Howlett. I i All Contracts Must Be Routed Through the Law Department If (This Area to be Completed By the Law Department) Received RECEIVED Approval of Law Dept • I Law Dept Comments: DEC Q 1 � FEINT LAW DEPT. PECEIVEr, Date Forwarded to Mayor l�l 1 Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments: DEC lg� I Disposition: 12&-elll �-- / ,L CITY Jr CITI CL_TY, Date Returned: I Iage5870_templatebase • 2/07