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HomeMy WebLinkAboutPW11-333 - Amendment - #1 - Northwest Hydraulic Consultants, Inc. - Hawley Road Levee - 12/21/2012 O �. rr Records Manage meni� �� t, KEN W ASHiNGTON Document I4HE4 CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Northwest Hydraulic Consultants, Inc. Vendor Number: JD Edwards Number Contract Number: -PWII 2>3 This is assigned by City Clerk's Office Project Name: Hawley Road Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nick Horn Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 3112013 so that the consultant can continue to provide technical support for the project. S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 K E N T WA9 HI n OTC AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Northwest Hydraulic Consultants, Inc. CONTRACT NAME & PROJECT NUMBER: Hawley Road Levee ORIGINAL AGREEMENT DATE: November 21, 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: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2013 so the Consultant can continue to provide technical support for the project. 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, $15,000.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $15,000.00 Including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $15,000.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/12 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 12/31/13 (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: By: �( J1 /� � ' By: (signature) (signature) Print Name:—rOZ�fl J- , '�.-A��IT Pri t N e: Suzette Cooke Its `�.r�U P�� �R-+ar�c-y� l�s(► ri It M a o r ( t/e) (ti ) DATE:��-T���L DATE: / r APPROVED AS TO FORM: (apptrcable f ayor'sZ;; f Kent Law Department NHC-Hawley Rd 2 Amd 1/Hom AMENDMENT - 2 OF 2 NOR4000 OP ID:TB CERTIFICATE OF LIABILITY INSURANCE DArE 1 06128112vY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 206-632-1433 CONTACT NAME Griffith Insurance Group,Inc 206-632-0878 PHONE FAX 3841 Aurora Ave N Suite 100 LAIC,No,EzD L_ _ -__ _ c,Net Seattle,WA 98103 E MAIL Mike Griffith ADDRESS INSURER(S)AFFORDING COVERAGE NAIC If INSURER A The Hartford Casualty Ins Co_ INSURED Northwest Hydraulic INSURER B Consultants,Inc 16300 Christensen Rd#350 INSURER c Tukwila,WA 98188 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER, REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 fffTYPE OF INSURANCE DD POLICY EFF POLICY EXP LIMITS POLICY NUMBER MMIDDIYYYY f MIA DD/YYYV GENERAL LIABILITY EACH OCCURRENCE j$ 1,000,00 DAMAGE TO RENTED I A X .COMMERCIALGENERALLIABILITY 52UUNUS3744 06/30112 06/30113 PREMISES(Eaoccurrencel-_i$ 300'00 ^_CLAIMS-MADE OCCUR MED EXP(A_ny one Person) $ 10,000 X WA Stop Gap PERSONAL B ADV INJURY '�$ 1,000,00 GENERAL AGGREGATE i$ 2,000,00 r GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO I$ 2,000,00 X POLICY PRO- LOD I$ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00 Ea accidenq $ A X ANY AUTO 52UUNUS3744 06/30/12 06/30/13 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) S _ AUTOS _ AUTOS NON-OWNED Ti PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident X UMBRELLA LIAB X I OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE 52XHUUS3412 06/30112 06130/13 AGGREGATE $ 5,000,000 DED I X RETENTION$ 10,000 $ WORKERS COMPENSATION LOCR SLATU- OT AND EMPLOYERS'LIABILITY ANY PROPRIETCR(PARTNERIEXECUTIVEYfN EL EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? El NIA -- --- (Mandatory m NH) E L DISEASE-EA EMPLOYE $ I1 yyes,describe under — DESCRIPTIONOFOPERATIONSbeloW EL DISEASE-POLICY LIMIT $ A '?Property Section 52UUNUS3744 D6130112 06/30/13 IBPP 1,547,400 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 City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS Attn• Nancy Yoshitake 220 4th Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE / 9� ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD NOR4000 OP ID:NN CERTIFICATE OF LIABILITY INSURANCE DATE0311 D/YYYY) 3/13112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les) must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 206-632-1433 CONTACT Griffith Insurance Group,Inc. NAME 6- 0878 PHONE FAX 3841 Aurora Ave N Suite 100 n AIC No Eat AIC No Seattle,WA 98103 a'C E C AD RE Ss Mike Griffith INSURER(S)AFFORDING COVERAGE NAIC# INSURERA Evanston Insurance Company INSURED Northwest Hydraulic MAN 16 ZU12 INSURER Consultants,Inc. INSURERC 16300 Tukwi Christensen Rd#3j' ITY OF KENT Tukwila,WA 98188 INSURER D ENGINEERING DEP INSURERS 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 DDL UBR POLICY EFF POLICY EXP TVpE OF INSURANCE LTR POLICY NUMBER MM/DDIYYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ AMA COM MERCIAL GENERAL LIABILITY PREMISES Ea occurrence 8 CLAIMS-MADE F—IOCCUR MED EXP(Any one person) S PERSONAL B ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG S POLICY PE O LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) 5 ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS R AUTOS Per accident 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE 5 DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PRCPRIETOR/PARTNERIEXECUTIVE❑ NIA EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYE $ If yes,descnbe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ A Professional Liab AE821753 03/12/12 03/12/13 Occ/Agg 2,000,00 Ded Occ 50,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Ia required) Those usual to the mnsured's operations. 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 Yoshltake 220 4th Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE e01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) 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 to determine rights, duties and during the policy period; and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words"you" and "your" refer to under Paragraph 1. of Section 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 "our" claim, knew that the "bodily injury" or "property refer to the stock insurance company member of The damage" had occurred, in whole or in part. If Hartford providing this insurance, such a listed insured or authorized "employee" The word "insured" means any person or organization knew, prior to the policy period, that the "bodily qualifying as such under Section 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—Definitions after the policy period will be deemed to have SECTION I—COVERAGES been known prior to the policy period COVERAGE A BODILY INJURY AND PROPERTY c. "Bodily injury" or"property damage" will be deemed DAMAGE LIABILITY to have been known to have occurred at the 1. Insuring Agreement earliest lime when any insured listed under a. We will pay chose sums that the insured becomes Paragraph 1. of Section II —Who Is An Insured or any legally obligated to pay as damages because of employee authorized by you to give or "bodily injury" or "property damage" to which this receive notice of an "occurrence" or claim: insurance applies, We will have the rght 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 defend the insured against any "suit" seeking for damages because of the "bodily injury" or damages for"bodily injury" or"property damage"to "property damage", or which this insurance does not apply We may, at: (3) Becomes aware by any other means that our discretion, investigate any "occurrence" and "bodily injury" or "property Barrage" 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 cut 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 deerned to be caused by an provided for under Supplementary Payments — "wcurrence", but only if. Coverages A and B b. This insurance applies to "bodily injury" and (a) The physician, dentist, nurse, emergency medical technician or paramedic is "property damage"only if: employed by you 10 provide such services; (1) The "bodily injury" or "property damage" is and caused by an "occurrence" that takes place in (b) You are not engaged in the business or the "coverage territory"; occupation of providing such services. ; HG 00 01 06 05 Page 1 of 18 ®2005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc with its permission) (2) For the purpose of determining the limits of d. Workers'Compensation And Similar Laws insurance for incidental medical malpractice, Any obligation of the insured under a workers' any act or omission together with all related acts compensation, disability benefits or unemployment or omissions in the furnishing of these services compensation law or any similar law. to any one person will be considered one "occurrence" e. Employer's Liability 2. Exclusions "Bodily 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 by1he insured;or intended from the standpoint of the insured. This (b) Performing duties related to the conduct of exclusion does not apply to "bodily injury" or the insured's business; or "property damage" resulting from the use of (2) The spouse, child, parent, brother or sister of reasonable force to protect persons or property. that "employee" as a consequence of b. Contractual Liability Paragraph(1) above. 'Bodily injury" or "property damage" for which the This exclusion applies; insured is obligated 10 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 I ability (2) To any obl,gation 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 O 1 "Bodilyinjury' 'property " or " " out execution of the contract or agreement Solely j p pe damage" arising for the purposes of liability assumed in an of the actual, alleged or threatened discharge, "irsured 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) lability to such party for, or for the cost of, insured. However, this subparagraph does that party's defense has alsobeen assumed not apply to: in the same insured contract', and (t) "Bodily injury" if sustained within a (b) Such attorney fees and litigation expenses building and caused by smoke, fumes, are for defense of that party against a civil or vapor or soot produced by or originating alternative dispute resolution proceeding in from equipment that is used to heal, cool which damages to which this insurance or dehumidify the building, or equipment that is used to heat water for personal applies are alleged, use, by the buildrng's occupants or their c. Liquor Liability guests; "Bodily injury" or "property damage' for which any (ii) "Bodily injury" or "property damage" for insured may be held liable by reason of- which you may be held liable, if you are a (1) Causing or contributing to the intoxication of any contractor and the owner or lessee of person, such premises, site or location has been (2) The furnishing of alcoholic beverages to a 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 3 An statute, ordinance or regulation relator to insured at that premises, site or location { ) Y 9 9 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 (lit) "Bodily injury" or "property damage" (e) At or from any premises, site or location on arising out of heat, 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 lest 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, created, 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,dean up, remove, (u) Any person or organization contain, treat, detoxify or neutralize, or in on for whom you may be legally responsible; any way respond to, or assess the effects of, pollutanls ,or (d) At or from any premises, site or location on (b) Claim or suit by or on behalf of a which any insured or any contractors or governmental authority for damages subcontractors working directly or indirectly because of testing for, monitoring, cleaning on any insured's behalf are performing up, removing, containing, treating, operations if the "pollutants" are brought on detoxifying or neutralizing, or in any way or to the premises, site or location in responding to, or assessing the effects of, connection with such operations by such "pollutants" insured, contractor or subcontractor. However, this subparagraph does not apply However, this paragraph does not apply to to: liability for damages because of "property (I) "Bodily injury" or "property damage" damage" that the insured would have in the arising out of the escape of fuels, absence of such request, demand, order or lubricants or other operating fluids which statutory or regulatory requirement, or such claim or"suit" by or on behalf of a governmental are needed to perform the normal authority. electrical, hydraulic or mechanical functions necessary for the operation of g• Aircraft,Auto Or Watercraft "mobile equipment" or its parts, if such "Bodily injury" or "property damage" arising out of fuels, lubricants or other operating fluids the ownership, maintenance, use or entrustment to escape from a vehicle part designed to others of any aircraft, "auto" or watercraft owned or hold, store or receive them This operated by or rented or loaned to any insured, Use exception does not apply if the "bodily includes operation and"loading or unloading", injury" or"property damage" apses 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, Iecalion with the intent that they be maintenance, use or entrustment to others of any discharged, dispersed or released as part aircraft, "auto" or watercraft that is owned or of the operations being performed by operated by or rented or loaned to any insured such insured, contractor or subcontractor; This exclusion does not apply to: (d) "Bodily injury" or "properly damage" (1) A watercraft while ashore on premises you own susiwned within a budding and caused` or rent, by the release of gases,fumes or vapors' (2) A watercraft you do not own that is, from materials brought into that building (a) Less than 51 feet long, and in connection with operations being (b) Not being used to carry persons for a performed by you or on your behalf by a contractor or subcontractor; or charge, (tit) "Bodily injury" or "property damage" (3) Parking an "auto" on, or on the ways next to, arising an 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. FIG 00 01 06 05 Page 3 of 18 (4) Liability assumed under any "insured contract" working directly or indirectly on your behalf are for the ownership, maintenance or use of performing operations, if the "property damage" aircraft or watercraft; arises out of those operations, or (5) "Bodily injury" or "property damage" arising out (6) That particular part of any property that must be of the operation of any of the equipment hated in restored, repaired or replaced because "your Paragraph f(2) or f.(3) of the definitron of work"was incorrectly performed on d, "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 "properly damage", whether the other applies to Damage To Premises Rented To You as insurance is primary, excess, contingent or on described in Section III— Limits Of Insurance, any other basis, Paragraph(2) of this exclusion does not apply if the h. Mobile Equipment premises are "your work"and were never occupied, "Bodily injury"or"property damage"arising out of. rented or held for rental by you. (1) The transportation of "mobile equipment" by an Paragraphs (3) and (4) of this exclusion do not "auto"owned or operated by or rented or loaned apply to "property damage" arising from the use of to any insured; or elevators (2) The use of "mobile equipment" in, or while in Paragraphs (3), (4), (5) and (6) of this exclusion do practice for, or while being prepared for, any not apply to liability assumed under a sidetrack prearranged racing, speed, demolition, or agreement stunting activity Paragraphs (3) and (4) of this exclusion do not I 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 (1) War, including undeclared or civil war; Paragraph (6) of this exclusion does not apply to property damage included in the products- (2) Warlike action by a military force, including completed operations hazard" action in hindering or defending against an k. Damage To Your Product actual or expected attack, by any government, sovereign or other authority using military "Property damage"to "your product"arising out of it personnel or other agents, or or any part of it (3) Insurrection, rebellion, revolution, usurped 1• Damage To Your Work power, or action taken by governmental "Property damage"to"your work"arising out of it or authority in hindering or defending against any any part of it and included in the "products- of these completed operations hazard" j. Damage To Property This exclusion does not apply if the damaged work "Property damage"to or the work out of which the damage arises was 1 Property you own, rent or occupy, performed on your behalf by a subcontractor. O p y y py, including any 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 dangercus (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 to you; in accordance with its terms. (4) Personal property in the care,custody or control This exclusion does not apply to the loss of use of of the insured, other property arising out of sudden and accidental (5) That particular part of real property on which physical injury io "your product" or"your work" arter you or any contractors or subcontractors'' it has been put to its intended use Page 4 of 18 HG 00 01 06 05 n, Recall Of Products, Work Or Impaired kind to persons or property which would not Property have occurred in whole or in part but for the Damages claimed for any loss, cost or expense "asbestos hazard"; incurred by you or others for the loss of use, (b) Arise out of any request, demand, order or withdrawal, recall, inspection, repair, replacement, statutory or regulatory requirement that any adjustment, removal or disposal of. insured or others test for, monitor, clean up, (1) "Your product"; remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or (2) "Your work"; or assess the effects of an "asbestos hazard"; (3) "Impaired property"; or if such product, work, or property is withdrawn or (c) Anse out of any claim 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 dangeroGs treating, detoxifying 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 t through in, do not apply Damages arising out of the loss of, loss of use of,, to damage by fire, lightning or explosion to premises damage to, corruption of, inability 10 access, or while rented to you or temporarily occupied by you with inability to manipulate 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 transmuted 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 damaces 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 Secion III — Limits Of (1) Whether the insured may be liable as an Insurance;and employer or in any other capacity; and (2) Our right and duty to defend end when we have (2) To any obligation to share damages with or used up the applicable limit of insurance in the repay someone else who must pay damages payment of judgments or setilemenis 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 1, HG 00 01 06 05 Page 5 of 1 B a 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 adverllsing injury" arising out of an (3) Title of any literary or artistic work offense committed by, at the direction or wi'h the j• Insureds In Media And Internet Type consent or acquiescence of the insured with the Businesses expectation of inflicting "personal and advertising "Personal and advertising injury" committed by an injury" insured whose business is: b. Material Published With Knowledge Of Falsity (1) Advertising, broadcasting, publishing or "Personal and advertising injury" arising out of oral, telecasting; written or electronic publication of material, if done (2) Designing or determining content of web sites by or at the direction of the insured with knowledge for others; or of its falsity (3) An Internet search, access, content or service c. Material Published Prior To Policy Period provider. "Personal and advertising injury" arising out of oral, However, this exclusion does not apply 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" under the 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 chatroom or bulletin board the insured insured has assumed liability In a contract or hosts, owns, or over which the insured exercises agreement.This exclusion does not apply to liability control for damages that the insured would have in the I. Unauthorized Use Of Another's Name Or absence of the contract or agreement, Product f. Breach Of Contract "Personal and advertising injury" arising out of the "Personal and advertising injury" arising out of a unauthorized use of another's name or product in breach of contract, except an Implied contract to use your e-mail address, domain name or melaiags, or another's"advertising idea"in your"advertisement", any other similar tactics 10 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 lime, h. Wrong Description Of Prices n. Pollution-Related "Personal and advertising Injury" arising out of the Any loss,cost or expense arising out of any- wrong description of the price of goods, products or (1) Request, demand, order or statutory or services, regulatory requirement that any Insured or I. Infringement Of Intellectual Property Rights others lest for, monilor, clean up, remove, "Personal and advcrUsing Iniury" arising out of any contain, treat, detoxify or neutralize nr In any way respond to, or assess the effects of, violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade Pollutants ,or 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, monitoring, clearing up, removing, containing, However, this exclusion does not apply to 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 injury" 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 properly wench would not have occurred in whole or in part but for the displayed within a frame or border on your web "asbestos hazard"; she;or (4) Computer code, software or programming used (b) Arise out statutory orr any request, demand, order or to enable' regulatory requirement that any insured or others test for, monitor, clean up, (a) Your web site; or remove, encapsulate, contain, treat, detoxify (b) The presentation or functionality of an or neutralize or in any, way respond to or "advertisement" or other content on your assess the effects of an "asbestos hazard"; web site or q. Right Of Privacy Created By Statute (c) Arise out of any claim or suit for damages "Personal and advertising injury" arising out of the because of testing for, monitoring, cleaning violation of a person's right of privacy created by up, removing, encapsulating, curtaining, any state 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 (1) On premises you own or rent, s. Securities "Personal and advertising injury" arising out of the (2) On ways next to premises you own or rent;or fluctuation in price or value of any stocks, bonds or (3) Because of your operations; other securities provided that: t. Discrimination Or Humiliation (1) The accident takes place in the "coverage "Personal and advertising injurv" 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 cafe of the accident; slockholder, 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 01 06 06 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 a1 the lime of an accident; offer to pay the applicable limit of insurance,we will (2) Necessary medical, surgical, x-ray and dental not pay any prejudgment interest based on that services, including prosthetic devices; and period of time after the offer (3) Necessary ambulance, hospital, professional g• All interest on the full amount of any judgment that nursing and funeral services, accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the 2. Exclusions 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 hued 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 the indemnitee seeks damages for which the insured has assumed the liability of To a person injured on that part of premises you the indemnitee in a contract or agreement that is an own or rent that the person normally occupies "insured contract", d. Workers Compensation And Similar Laws b. This insurance applies to such liability assumed by To a person, whether or not an "employee" of any the insured, insured, if benefits for the "bodily injury" are payable c. The obligation to defend, or the cost of the defense or must be provided under a workers' compensation of, that indemnitee, has also been assumed by the or disability benefits law or a similar law insured in the same "insured contact", 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 alhlelic contests the insured and the interests of the indemmles, 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 10 $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 indemnitee,and injury Liabtlrty Coverage applies We do not have to furnish these bonds (d) Cooperate with us with respect to coordinating other applicable insurance c. The cost of appeal bonds or bonds to release available to the indemnitee,and attachments, but only for bond amounts within fhe (2) Provides us wi+h written authorization to: applicable limit of insurance, We do not have to furnish these bonds (a) Obtain records and other information related d. All reasonable expenses incurred by the insured at to the "suit", and our request to assist us in the investigation or (b) Conduct and control the defense of the defense of the claim or "suit", including actual loss indemnitee in such "suil", of earnings up to $500 a day because of lime 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 2li 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 ends when, workers" while performing duties related to a. We have used up the applicable limit of insurance the conduct of your business, in the payment of judgments or settlements;or (b) To the spouse, child, parent, brother or sister b. The conditions set forth above, or the terms of the of that cc-"employee" or that "volunteer agreement described in Paragraph f.above, are no worker" as a consequence of Paragraph longer met, (1)(a) above; SECTION II—WHO IS AN INSURED (c) For which there is any obligation to share 1. If you are designated in the Declarations as- damages with or repay someone else who must pay damages because of the injury a. An individual, you and your spouse are insureds, described in Paragraphs (1)(a) or (b) above; but only with respect to the conduct of a business or of which you are the sole owner b. A partnership or joint venture, you are an insured. (d) Arising v outide professional hisssion nal health care services, or her providing or failing to provide Your members, your partners, and their spouses are also insureds, but only with respect to the If you are not in the business of providing conduct of your business. professional health care services, Paragraph (d) does not apply to any nurse, emergency c. A limited liability company, you are an insured. medical technician or paramedic employed by Your members are also insureds, but only with you to provide such services, respect to the conduct of your business Your managers are insureds, but only with respect to (2) "Property damage"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 workers", any partner or member (if you are a also insureds, but only with respect to their liability partnership or joint venture), or any member (d 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 organization having proper duties related to the conduct of your business, or temporary custody of your property if you die but your "ernpleyees", other tl-iari etthei your "executive only officers" (if you are an orgarnzation other than a partnership, joint venture or limited liability (1) With respect to liability arising out of the company) or your managers (if you are a limited maintenance or use of that property, and liability company), but only for acts within the scope (2) Until your legal representative has been of their employment by you or while performing appointed duties related to the conduct of your business d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such That representative will FIG 00010605 Page 9of18 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 feet long and is not being used to carry Any subsidiary, and subsidiary thereof, of yours persons for a charge, any person is an insured while which is a legally incorporated entity of which you operating such watercraft with your permission, Any own a financial interest of more than 50% of the other person or organization responsible for the voting stock on the effective date of the Coverage conduct of such person is also an insured, but only Part with respect to liability arising out of the operation of The insurance afforded herein for any subsidiary the watercraft, and only if no other insurance of any not named in this Coverage Part as a named kind is available to that person or organization for this lability, insured does not apply to injury or damage with respect to which an insured under this Coverage However, no person or organization is an insured with Part is also an insured under another policy or respect to would be an insured under such policy but for its a. "Bodily injury" to a co-"employee" of the person termination or the exhaustion of its limits of operating The watercraft;or insurance b. "Properly damage"to property owned by, rented to, 3. Newly Acquired or Formed Organization in the charge of or occupied by you or the employer Any organization you newly acquire or form,other than of any person who is an insured under this a partnership, joint venture or limited liability company, provision and over which you maintain financial interest of more 6. Additional Insureds When Required By Written than 501/. 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 chat 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 1801h day after you acquire or form the, issued by a state or political subdivision, that such organization or the end of the policy period, person or organization be added as an additional whichever is earlier, insured on your policy, provided the injury or damage b. Coverage A does not apply to "bodily injury" or occurs subsequent to the execution of the contract or "property damage" that occurred before you agreement acquired or formed the organization, and A person or organization is an additional insured under c. Coverage B does not apply to "personal and this provision only for that period of time required by advertising injury" arising out of an offense the contract or agreement committed before you acquired or formed the However, no such person or organization is an insured organization under this provision 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 organizalion(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 person is also an insured, but only with respect to which are distributed or sold in the regular course liability arising out of the operation of the equipment, of the vendor's business and only if this Coverage and only if no other insurance of any kind is available Part provides coverage for "bodily injury" or to that person or organization for this liability. However, "property damage" included within the "products- no person or organization is an insured with respect to completed operations hazard" a. "Bodily injury" to a cc-"employee" of the person (1) The insurance afforded the vendor 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 'his which the vendor is obligated to pay provision damages by reason of the assumption of liability in a contraol or agreement This exclusion does not apply ro iabiAy Tor damages that the vendor would have in the absence of the contract or agreement, Page 10 of 18 HG 00 0106 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 intenlionally by the vendor; land or premises, but only with respect to liability (d) Repackaging, except when unpacked solely arising out of the ownership, maintenance or use of for the purpose of inspection, demonstration, that part of the land or premises leased to you testing, o, the substitution of parts under With respect to the insurance afforded these instruclicns 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 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 liabdily 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 "properly 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 to 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: (1)The exceptions contained in Sub- This insurance does not apply to "bodily injuryg "property damage" or "personal and advertising paragraphs (d)or(f),or injury" arising out of the rendering of or the failure (ii) Such inspections, adjustments, tests or to render any professional services by or for you, servicing as the vendor has agreed to_ including: make or normally undertakes to make in 1, The preparing, approving, or failing to prepare the usual course of business, in or approve, maps, shop drawings, opinions, connection with the distribution or sale of reports, surveys, field orders, change orders or the products drawings and specrfica+ions; 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, part e, Permits Issued By State Or Political or container, entering into, accompanying or containing such products. Subdivisions 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 subdMsion lease equipment, but only with respect to their has issued a permit. liability for 'bodily injury" "property damage" or by your maintenance, operation mg injury" caused, in With respect ro the insurance afforded these whole or in part, by your "personal and 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 exp res within the "products-completed operations hazard" HG 00 01 06 05 Page 11 of 18 f. Any Other Party c. Persons or organizations making claims or bringing Any other person or organization who is not an "suds", 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 It damage" or "personal and advertising for the sum cf. injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting a. Medical expenses under Coverage C; on your behalf b. Damages under Coverage A, except damages (1) In the performance of your ongoing operations; because of "bodily injury" or "property damage" included in the "products-completed operations (2) In connection with your premises owned by or hazard"; and rented to you;or c. Damages under Coverage B. (3) In connection with "your work' and included within the "products-completed operations 3. Products-Completed Operations Aggregate Limit hazard", but only if The Products-Completed Operations Aggregate Limit (a) The written contract or agreement requires is the most we will pay under Coverage A for damages you to provide such coverage to such because of "bodily injury" and "property damage" additional insured and included in the "products-completed operations (b) This Coverage Part provides coverage for hazard" "bodily injury" or 'property damage" included 4. Personal and Advertising Injury Limit within the "products-completed operations Subject to 2 above, the Personal and Advertising hazard" Injury Limit is the most we will pay under Coverage B With respect to the insurance afforded to these for the sum of all damages because of all "personal additional insureds, this insurance does not apply and adverbs ng injury" susta red by any one person or to organizazior, "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, incl.Ai I 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 drawings and specifications, or because of all "bodily injury" and "property damage" (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 — L!miis for damages because of"property damage"to any one Of Insurance, premises, while rented to you, or in the case of How this insurance applies when other insurance is damage by fire, lightning or explosion, while rented to available to the additional insured is described in the you or temporarily occupied by you with permission of Other Insurance Condition in Section IV— Commercial the owner General Liability Conditions In the case of damage by fire, lightning or explosion, No person or organization is an insured with respect to the the Damage to Premises Rented To You Limit applies conduct of any current or past partnership,joint venture or to all damage proximately caused by the same event, limited liability company that is not shown as a Named whether such damage results from fire, lightning or Insured in the Declarations an or explosion combination of these, SECTION III—LIMITS OF!NSG'P.fiNCE p y 7. Medical Expense Limit 1. 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" sustained 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 orgarization which b. The Limits of Insurance shown in the Declarations. may be liable to the insured because of injury or Such amount shall be a part of and not in addition to damage to which this insurance may also apply, Limits of Insurance shown in the Declarations and d. Obligations At The Insureds Own Cost described in this Section No insured will, except at that insured's own cost, The Limits of Insurance of this Coverage Part apply voluntarily make a payment, assume any separately to each consecutive annual period and to any obligation, or incur any expense, other than for first remaining period of less than 12 months, starting with the aid, without our consent. beginning of the policy period shown in the Declarations, e. Additional Insureds Other Insurance unless the policy period is extended after issuance for an If we cover a claim or "suit" under this Coverage additional 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-contributory with the additional insured's under this Coverage Part. own insurance 2. Duties In The Event Of Occurrence, Offense, Claim f. Knowledge Of An Occurrence, Offense, Claim Or Suit Or Suit a. Notice Of Occurrence Or Offense Paragraphs a, and b. apply to you or to any You or any additional insured must see to it that we additional insured only when such "occurrence", offense,claim or suit is known to; are notified as soon as practicable of an "occurrence" or an offense which may result in a (1) You or any additional insured that is an claim To the extent possible, notice should include, individual; (1) How, when and where the "occurrence" or (2) Any partner, if you or an additional insured is a offense took place, partnership; (2) The names and addresses of any injured (3) Any manager, if you or an additional insured is a persons and witnesses; and limited liability company, (3) The nature and location of any injury or damage (4) Any 'executive officer"or insurance manager, if ansing 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 rust;or a insured,you or any additional insured must: If a claim is made "suit" is brought against any (6) Any elected or appointed official, d you or an (1) Immediately record the specifics of the claim or additional insured is a pohUcal 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 receive written notice of the claim or "quit" 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 other involved insured muss: 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 'egal papers received in, terms have been fully complied with connection with the claim or"suit", (2) Authorize us to obtain records and ocher A person or organization may sue us to recover on an information; agreed settlement or on a final judgment against an 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 nsurance 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 basisi Insurance When Required By Contract (1) Your Work If you have agreed in a written contract, written agreement, or permit that this That is Fire, Extended Coverage, Builder's Risk, insurance is primary and non-contributory Installation Risk or similar coverage for "your with the additional insured's own insurance, work", this insurance is primary and we will not (2) Premises Rented To You seek contribution from that other insurance. That is fire, lightning or explosion insurance for Paragraphs (a) and (b) do not apply to other premises rented to you or temporarily occupied insurance to which the additional insured has by you w,th permission of the owner, been added as an additional insured (3) Tenant Liability When this insurance is excess, we will have no Thai is insurance purchased by you to cover duty under Coverages A or B to defend the insured your liability as a tenant for "properly damage" against any"suit" if any other insurer has a duty to 10 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 4 Auto Or Watercraft will be entitled to the insured's rights against all O Aircraft 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 (6) 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 Exclusionj. 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 the Limits of Insurance chown Insured To Other Insurance in the Declarations of this Coverage Part Any other insurance available to you covering c. Method Of Sharing liability for damages arising out of the premises or cperations, 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 that insurance, or this approach each insurer coninbuies equal amounts uniil it has paid its applicable limit of insurance or none of the loss remains, wnichever comes first r Page 14 of 18 HG 00 01 06 05 If any of the other insurance does not permit insured will bring "suit"or transfer those rights to us contribution by equal shares, we will contribute by and help us enforce them, limits Under this method, each insurer's share is b. Waiver Of Rights Of Recovery (Waiver Of based on 1he ratio of its applicable limit of Subrogation) insurance to the total applicable limits of insurance of all insurers, If the insured has waived any rights of recovery 5. Premium Audit against any person or organization for all or part of any payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Part, we also Part in accordance with our rules and rates. waive that right, provided the insured waived their b Premium shown in this Coverage Part as advance rights of recovery against such person or premium Is a deposit premium only At the close of organization In a contract, agreement or permit that each audit perod we will compute the earned was executed prior to the injury or damage premium for that period and send notice to the first 9. When We Do Not Renew Named Insured, The due date for audit and If we decide not to renew this Coverage Part, we will retrospective premiums is the date shown as the mail or deliver 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 If notice is mailed, proof of mailing will be sufficient to the first Named Insured proof of notice c. The first Named Insured must keep records of the information we need for premium computation, and SECTION V—DEFINITIONS send us copies at such fines as we may request 1. "Advertisement" means the widespread public 6. Representations dissemination of information or images that has the a. When You Accept Policy purpose of inducing the sale of goods, products or P y services through By accepting this policy,you agree a. (1) Radio; (1) The 91alemerls in the Declarations are accurate (2) Television, and complete; (3) Billboard; (2) Those statements are based upon representations you made to us;and (4) Magazine, (3) We have issued this policy in reliance upon your (5) Newspaper; or representations, b. Any other publication that is given widespread b. Unintentional Failure To Disclose Hazards public distribution If unintentionally you should fail to disclose all However, "advertisement"does not include: hazards relaling 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. "Adverlising idea" means any idea for an rights or duties specifically assigned in this Cove-ade "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"is brought 4. "Auto" nieai is a land motor vehicle, wader 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 10 impair them. At our request, the sustained by a person and, if arising out of the above, mental anguish or death at any time. HG 00 01 06 05 Page 15 of 18 6. "Coverage territory"means: rented to you or temporarily occupied by you with a. The Untied States of America (including its territories permission of the owner is subject to the Damage and possessons), Puerto Rico and Canada; to Premises Rented To You Limit described in b. International waters or airspace, but only if the Section III— Limits of Insurance; injury or damage occurs in the course of travel or b. A sidetrack agreement, transportation between any places included in a. c. Any easement or license agreement, including an above; or easement or license agreement in connection with c. All other parts of the world if the injury or damage construction or demolition operations on or within arises out of 50 feet of a railroad; (1) Goods or products made or sold by you in the d. An obligation, as required by ordinance, to territory described in a.above, indemnity 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 agreement; short time on your business, or f. That part of any other contract or agreement (3) "Personal and advertising injury" offenses that pertaining to your business (including an take place through the Internet or similar indemnification of a municipality in connection with electronic means of communication work performed for a municipality) under which you assume the tort liability of another party to pay for provided the insured's responsibility to pay damages is "bodily injury" or "property damage" to a third determined in the United States of America (including its person or organization, provided the "bodily injury" territories and possessions), Puerto Rico or Canada, in a or "property damage" is caused, in whole or in part, "suit" on the ments according to the 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 parl of any contract or 8. "Employment-Related Practices"means, agreement that indemnifies a railroad for "bodily a. Refusal to employ a person; injury" or "property damage" arising out of b. Termination of a person's employment;or construction or demolition operations,within 50 feet of any railroad property and 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 i. does not include that part of humiliation or discrim,nation directed at a person. , any contract or agreement: 9. "Executive officer" means a person holding any of the (1) That indemnities an architect, engineer or officer positions created by your charter, constitution, surveyor for injury or damage arising cut of; by-laws or any other similar governing document. 10."Hostile fire" means one which becomes uncontrollable (a) Preparing, approving, or fading to prepare or or breaks out from where it was intended to be. approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders 11."Impaired property" means tangible property, other or drawings and specifications, or than "your product"or"your work",that cannot be used (b) Giving directions or instructions, or failing to or is less useful because, give them, if that is the primary cause of the a. 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 faded to fulfill the terms of a contract or damage arising out of the insured's rendering or agreement; failure to render prnfesqnnal sennces, 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,archrtectura' or engineering activities. "your product"or"your work"; or 13."Leased worker" means a person leased to you by a b. Your fulfilling the terms of the contract or agreement labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to 12."Insured contract" means the conduct of your business "Leased worker" does a. A contract for a ease of premises. However, that not include a "temporary worker" portion of the contact 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 movemert into or onto an aircraft, watercraft or "auto", Page 16 of 18 HG 00 01 06 05 b. While i1 is in or on an aircraft, watercraft or "auto", 16."Occurrence" means an accident, including continuous or or repeated exposure to substantially the same general c. While it is being moved from an aircraft, watercraft harmful conditions, or"auto"to the place where it is finally delivered, 17."Personal and advertising injury" means Injury, but "loading or unloading" does not include the including consequential "bodily injury", arising out of movement of property by means of a mechanical one or more of the following offenses. device, other than a hand truck, that is not attached to a. False arrest, detention or imprisonment; the aircraft,watercraft or"auto", b. Malicious prosecution, 15."Mobile equipment" means any of the following types c. The wrongful eviction from, wrongful entry in1c, or of land vehicles, including any attached machinery or invasion of the right of private occupancy of a room, equipment dwelling or premises that a person occupies, a Bulldozers, farm machinery, forklifts and other committed by or on behalf of its owner, landlord or vehicles designed for use principally off public lessor, roads; d. Oral, written or electronic publication of material b. Vehicles maintained for use solely on or next to that slanders or libels a person or organization or premises you own or rent; disparages a person's or organization's goods, c. Vehicles that travel on crawler treads; products or services; d. Vehicles, whether self-propelled or not, maintained e. Oral, written or electronic publication of material primarily to provide mobility to permanently that violates a person's right of privacy; mounted 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"; (2) Road construction or resurfacing equipment g• Infringement of copyright, slogan, or title of any such as graders,scrapers or rollers, literary or artistic work, in your "advertisement';or e. Vehicles not described in a„ b., G. or d. above that It. Discrimination or humiliation that results in injury to are not self-propelled and are maintained primarily the feelings or reputation of a natural person to provide mobility to permanently attached 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 1B."Products-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 (c) When that part of the work done at a job site (2) Cherry pickers and similar devices mounted on has been put to its intended use by any automobile or truck chassis and used to raise or person or organization other than another lower workers; and contractor or subcontractor working on the (3) Air compressors, pumps and generators, same project. including spraying, welding, building cleaning, Work that may need service, maintenance, geophysical exploration, lighting and well_ correction, repair or replacement, but which is servicing equipment otherwise complete, will be treated as completed HG 00 01 06 06 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 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 fools, uninstalled equipment c. Acts at the direction of and within the scope of or abandoned or unused materials;or duties determined o you, and P (3) Products classification, operations for which ilia d. Is not paid a fee, salary or other compensation by policysohfisted m the Declarations or ct a you or anyone else for their work performed for policy schedule, states that products- y y completed operations are subject to the you. General Aggregate Limit 24."Your product": 20."Property damage" means a. Means a. Physical injury to tangible property, including all (1) Any goods or products, other than real resulting loss of use of that property, All such loss property, manufactured, sold, handled, of use shall be deemed to occur a1 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 10 occur a1 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. Scored 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 "Your 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 10 which the insured submits with our time with respect to the fimess, quality, consem durability, performance or use of "your work" and (2) The providing of or failure to provide warnings or instructions. Page 18 of 18 HG 00 01 06 06 COMMERCIAL AUTOMOBILE HA99160910 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies Insurance provided under the following- BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "Insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your personal The Named Insured shown in the affairs. Declarations is amended to include, C. Lessors as Insureds (1) Any legally incorporated subsidiary in Paragraph A 1 - WHO IS AN INSURED -of which you own more than 50% of the Section II - Liability Coverage is amended to voting stock on the effective date of the add- Coverage Form However, the Named e. The lessor of a covered "auto"while the Insured does not include any subsidiary ,auto" is leased to you under a written that is an "insured" under any other agreement if: automobile policy or would be an (1) The agreement requires you to "insured" under such a policy but for its provide direct primary insurance for termination or the exhaustion of its Limit the lessor and of Insurance. (2) Any organization that is acquired or (2) The "auto" is leased without a driver formed by you and over which you Such a leased "auto" will be considered a maintain majority ownership However, covered "auto" you own and not a covered the Named Insured does not include any "auto"you hire. newly formed or acquired organization' D. Additional Insured if Required by Contract (a) That is a partnership, joint venture (1) Paragraph A 1 -WHO IS AN INSURED or limited liability company - of Section II - Liability Coverage is (b) That is an 'insured" under any other amended to add: policy, f. When you have agreed, In a written (c) That has exhausted its Limit of contract or written agreement, that a Insurance under any other policy,or person or organization be added as (d) 180 days or more after its an additional insured on your acquisition or formation by you, business auto policy, such person or unless you have given us notice of organization is an "insured", but only the acquisition or formation. to the extent such person or Coverage does not apply to "bodily organization is liable for "bodily injury" or "property damage" that results injury" or "property damage" caused from an "accident" that occurred before by the conduct of an "insured" under you formed or acquired the organization. paragraphs a or b of Who Is An B. Employees as Insureds Insured with regard to the ownership, maintenance or use of a Paragraph A.1 -WHO IS AN INSURED -of covered "auto." SECTION II LIABILITY COVERAGE is amended to add. ©2010,The Hartford(Includes copyrighted material Form HA 9916 09 10 of ISO Properties, Inc,with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional Insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs, an additional insured in I.D. - Additional (1) During the policy period,and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply' written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured agreement that this insurance be (2) How Limits Apply primary. If other insurance is also you have agreed in a written contract primary, we will share with all that other If If written agreement that another insurance by the method described in or Other Insurance 5 d person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement;or additional insured's own insurance, this The Limits of Insurance shown m insurance is primary and we will not (b) seek contribution from that other the Declarations insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section (3) Additional Insureds Other Insurance When this insurance is excess, will have no duty to defend the insured against any "suit if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit" If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers to the other insurer for defense and When this insurance is excess over other indemnity insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance, and own insurance. Duties in The Event Of Accident, Claim, (2) The total of all deductible and self insured (4) ) Suit or Loss amounts under all that other insurance. If you have agreed in a written contract We will share the remaining loss, if any, by the method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any"auto"hired or rented by your"employee"on additional insured shall be required to your behalf and at your direction will be comply with the provisions in LOSS considered an "auto"you hue. CONDITIONS 2 - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured ©2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc.,with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph AA a, of SECTION III - PHYSICAL be primary to the employees personal DAMAGE COVERAGE is amended to provide a insurance, limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000, EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the"outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments, penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos" you lease termination fees, security deposits not hire or borrow,subject to the following limit returned by the lessor, costs for extended The most we will pay for "loss" to any hired warranties, credit life Insurance, health, accident "auto"is or disability insurance purchased with the loan or lease; and carry-over balances from previous (1) $100,000; loans or leases (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss",or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE,the following is added whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto"for that coverage airbag No deductible applies to "loss" caused by fire or g_ ELECTRONIC EQUIPMENT - BROADENED lightning Hired Auto Physical Damage coverage COVERAGE Is excess over any other collectible insurance, Subject to the above limit, deductible and excess The exceptions to Paragraphs B 4 - provisions, we will provide coverage equal to the EXCLUSIONS - of SECTION III - PHYSICAL broadest coverage applicable to any covered DAMAGE COVERAGE are replaced by the "auto"you own following: We will also cover loss of use of the hired "auto" a.Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely by liable and the lessor incurs an actual financial use of the power from the "auto's" electrical loss, subject to a maximum of $1000 per system that, at the time of"loss", is: "accident" (1) Permanently installed in or upon the This extension of coverage does not apply to any covered"auto"; "auto" you hire or borrow from any of your (2) Removable from a housing unit which is "employees", partners (if you are a partnership), permanently installed in or upon the members (if you are a limited liability company), covered"auto"; or members of their households (3) An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b above;or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system. ©2010,The Hartford(Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 3 of 5 b $1,500 is the most we will pay for"loss"in any CLAIM, SUIT OR LOSS - of SECTION IV - one "accident" to all electronic equipment that BUSINESS AUTO CONDITIONS that you must reproduces, receives or transmits audio, visual notify us of an "accident" applies only when the or data signals which, at the time of'loss", is: "accident"is known to: (1) Permanently installed in or upon the (1) You, if you are an individual; covered "auto" in a housing, opening or (2) A partner, if you are a partnership; other location that is not normally used by the "auto" manufacturer for the (3) A member, if you are a limited liability installation of such equipment; company;or (2) Removable from a permanently installed (4) An executive officer or insurance manager,if housing unit as described in Paragraph you are a corporation b(1) above or is an integral part of that 13. UNINTENTIONAL FAILURE TO DISCLOSE equipment;or HAZARDS (3) An integral part of such equipment. If you unintentionally fail to disclose any hazards c.For each covered "auto", should loss be existing at the inception date of your policy, we limited to electronic equipment only, our will not deny coverage under this Coverage obligation to pay for, repair, return or replace Form because of such failure, damaged or stolen electronic equipment will 14. HIRED AUTO-COVERAGE TERRITORY be reduced by the applicable deductible shown Paragraph e of GENERAL CONDITIONS 7. - m the Declarations, or $250, whichever POLICY PERIOD, COVERAGE TERRITORY - deductible is less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE-BROADENED COVERAGE CONDITIONS is replaced by the following: Under Paragraph A. -COVERAGE-of SECTION e For short-term hired "autos", the coverage III - PHYSICAL DAMAGE COVERAGE, we will territory with respect to Liability Coverage Is pay for the expense of returning a stolen covered anywhere in the world provided that if the "auto"to you "insured's" responsibility to pay damages for 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE "bodily injury" or "property damage" is Under Paragraph D.-DEDUCTIBLE-of SECTION determined in a "suit," the "suit" is brought in III - PHYSICAL DAMAGE COVERAGE, the the United States of America, the territories following is added and possessions of the United States of America, Puerto Rico or Canada or in a No deductible applies to glass damage if the settlement we agree to. glass is repaired rather than replaced. 15, WAIVER OF SUBROGATION 11. TWO OR MORE DEDUCTIBLES TRANSFER OF RIGHTS OF RECOVERY Under Paragraph D -DEDUCTIBLE-of SECTION AGAINST OTHERS TO US - of SECTION IV - III - PHYSICAL DAMAGE COVERAGE, the BUSINESS AUTO CONDITIONS is amended by following is added adding the following: If another Hartford Financial Services Group, We waive any right of recovery we may have Inc. company policy or coverage form that is not against any person or organization with whom an automobile policy or coverage form applies to you have a written contract that requires such the same"accident",the following applies waiver because of payments we make for (1) If the deductible under this Business Auto damages under this Coverage Form Coverage Form is the smaller (or smallest) 16. RESULTANT MENTAL ANGUISH COVERAGE deductible, it will be waived; The definition of "bodily injury" in SECTION V- (2) If the deductible under this Business Auto DEFINITIONS is replaced by the following: Coverage Form is not the smaller (or "Bodily injury" means bodily injury, sickness or smallest) deductible, it will be reduced by the disease sustained by any person, including amount of the smaller (or smallest) mental anguish or death resulting from any of deductible. these 12. AMENDED DUTIES IN THE EVENT OF 17. EXTENDED CANCELLATION CONDITION ACCIDENT, CLAIM, SUIT OR LOSS requirement in LOSS CONDITIONS 2 a - Paragraph 2 of the COMMON POLICY The re q CONDITIONS - CANCELLATION - applies DUTIES IN THE EVENT OF ACCIDENT, except as follows. ©2010,The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc, with its permission.) Page 4 of 5 ' R If we cancel for any reason other than c.Regardless of the number of autos damaged nonpayment of premium, we will mad or deliver in any one "loss", the most we will pay under to the first Named Insured written notice of this Hybrid Payment Coverage provision for cancellation at least 60 days before the effective anyone"loss"is $10,000 date of cancellation For the purposes of the coverage provision, 18. HYBRID PAYMENT COVERAGE a A "non-hybrid" auto is defined as an auto that In the event of a total loss to a "non-hybrid" auto uses only an internal combustion engine to for which Comprehensive, Specified Causes of move the auto Loss, or Collision coverages are provided under b A "hybrid" auto is defined as an auto with an this Coverage Form, then such Physical internal combustion engine and one or more Damage Coverages are amended as follows electric motors; and that uses the internal a If the auto is replaced with a "hybrid" auto, we combustion engine and one or more electric will pay an additional 10%, to a maximum of motors to move the auto, or the internal $2,500, of the "non-hybrid" auto's actual cash combustion engine to charge one or more value or replacement cost,whichever is less, electric motors,which move the auto b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ©2010,The Hartford(Includes copyrighted material Form HA 99 116 09 10 of ISO Properties, Inc,with its permission ) Page 5 of 5 ;► REQUEST FOR MAYOR'S SIGNATURE `� KENT Please FIII In All Applicable Boxes sewed by Director Originator's Name: Nick Horn Dept/Div. Engineering/Design Extension: 5529 Date Sent. is ao ) Date Required: /,)/,D7hp Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/13 VENDOR: Northwest Hydraulic DATE OF COUNCIL APPROVAL: N/A Consultants, Inc. ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached Amendment No. 1 is necessary to extend the time of completion to December 31, 2013 for the Hawley Road Levee agreement. Additional hydraulic analysis and/or evaluation will be required to facilitate further CLOMR review and approval for this portion of the City's levee system. All Contracts Must Be Routed Through The Law Department (This area to betQmpieted by the Law Department) Received: Approval of Law Dept.: �C ' zp12 (,X,IC Law Dept. Comments: nn , Date Forwarded to Mayor: 4 } Ciry Of Kent Shaded Areas To Be Completed By AdministratidGf!�#af&f the F i Received: r 15 L LS Recommendations and Comments: I '1 DEC 2 1 2012 / � Disposition: L / f_ CITY OF KENT CLERK, CITY CICRY, Date Returned: