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HomeMy WebLinkAboutPW13-020 - Original - DAS Manufacturing Incorporated - Catch Basin Curb Markers and Adhesives - 01/15/2013 Records Manage: nment KENT Document WAS M IN OTON 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: DAS Manufacturing Incorporated Vendor Number: JD Edwards Number Contract Number: en_) )3- o,V, Q This is assigned by City Clerk's Office Project Name: Catch Basin Curb Markers and Adhesives Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ID Contract ❑ Other: Contract Effective Date: Date of theMayor's signature Termination Date. 2/28/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Laura Haren Department: PW Operations Detail: (i.e. address, location, parcel number, tax id, etc.): The vendor shall su pp_y catch basin markers as part of the NPDES program. a 1 S Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 Y . KENT W RS MINOTON GOODS & SERVICES AGREEMENT between the City of Kent and DAS Manufacturing Incorporated THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and DAS Manufacturing Incorporated organized under the laws of the State of Florida, located and doing business at 3610 Cinnamon Trace Drive, Vanco, FL 33596, Phone: (800) 549-6024/Fax: (813) 681-5807, Contact: Don Sommer (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall supply curb markers and adhesives for the NPDES Program. For a description, see the Vendor's November 2, 2012 quote, which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by February 28, 2013. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Three Thousand, Twenty Nine Dollars ($23,029.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000,00, including WSST) The Vendor shall be paid after execution of agreement and delivery of goods. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND 4 PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over$10,000,00, Including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000,00, including WSST) correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. that In the event Vendor refuses tender of defense in any suit or any claim, if t t tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KE X By: By: signature) (signature) Print Name: �� -:!5-cr--P*- - Pri t Na uzette Cooke Its It a or (title) DATE:DATE: i� V//3 /� 3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Don Sommer Timothy J. LaPorte, P.E. DAS Manufacturing Incorporated City of Kent 3610 Cinnamon Trace Dr. 220 Fourth Avenue South Varico, FL 33596 Kent, WA 98032 (800) 549-6024 (telephone) (253) 856-5500 (telephone) (813) 681-5807 (facsimile) (253) 856-6500 (facsimile) APPROVED AS OF RM: Kent Law Departmen SAS Manufac[unng-Curb Markers/Reed GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. De -ed this _/ day of , 20i3. By: i For: Gecics Al.-4 � C_ Title: Date: I �3 EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 NWON WdOE :01 MZ 'I ')EW awil pa"04 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of DAS Manufacturing incorporated Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as NPDES Program Curb Markers and Adhesives that was entered into on the Japuary 15, 2018, between the Firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 2013. By: For: /7 a S diyC/04zc Title: /"'ram�: 'rKe �` d Date: EEO COMPLIANCE DOCUMENTS - 1 ZiZ'd 00S99S8£SZT:oi :WOad ZZ:bT £TW-T-NUW EXHIBIT A Haren, Laura From: Don Sommer[dasommer@tampabay.rr com] Sent: Friday, November 02, 2012 8:41 AM To: Haren, Laura Subject: RE: das Curb Markers Hi Laura, It looks like I left a number off the First total. Here's the corrected quote. Price for the markers and adhesive: Duracast Custom 210 color Oval 5 3/8 x 3 1/4: 15,000 rt 1.42=21,300.00 das Curb Marker Adhesive 5 oz. Case of 12: 25 a 64.68= 1617.00 LTL Freight(adhesive): 112,00 TOTAL $23 029,00 Please let me know if you have any questions. I spoke with the National Sales Mgr, for HD yesterday. lie believes that they would be interested in stocking the markers and adhesive, Let me lmow what you have in mind (which print, how many you might anticipate, etc.) and I can work out details, Thanks, Don Sommer 800-549-6024 - 4 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 it 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. EXHIBIT B (Continued) 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 1 A( 0 DATE(MM1DD1YYYY) `..�" CERTIFICATE 4F LIABILITY INSURANCE 1/4/2013 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 NOMEACT Whitney Word Paragon Risk Management PHONE Ext (813)949-8636 FAIC No (813)909-8743 203 Crystal Grove H1VdMAIL whmtneyw@paragonrisk.com INSURER S)AFFORDING COVERAGE NAIC• Lutz rL 33549 INSURERA Hartford insurance Group INSURED INSURERS DAS Manufacturing, Inc. INSURERC 3610 Cinnamon Trace Drive INSURERD INSURERE Valrico PT, 33594 INSURER COVERAGES CERTIFICATE NUMBER-12-13 Liability CERT REVISION NUMBER: THIS IS TO CERTIFYTHAT 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 ILTR TYPE OF INSURANCE ADOL SUBR POLICY NUMBER MMIDID YYYICYEFF MMIDDIYYYY LIMITS LTR NSIR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300 000 X COMMERCIAL GENERAL LIABILITY PREMISES iEa Occurrence $ r A CLAIMS-MADE X�OCCUR .1 SBM BI6312 SA /1/2012 /1/2013 MEDEXP(Any one person) $ 10,000 PERSONAL&AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRE LOC $ AUTOMOBILE LIABILITY OMBIIVED) GLE LIMI Ea arcident ANY AUTO BODILY INJURY(Per person) $ ALL or SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-CANED PROPERTY DAMAGE $ HIREDAUTOS AUTOS PeraccIdani UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEC I I RETENTION$ $ WORKERS COMPENSATION WC STATUS OTH- AND EMPLOYERS'LIABiLfTY TORY LIMITS ER ANY PROPRIETORIPARTNERIEXECUTIVE O NIA E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL DISEASE- EA EMPLOYE $ ins,descnbe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT E DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is included as Additional Insured under the General Liability policy. CERTIFICATE HOLDER CANCELLATION (253)856-6500 nyoshmtake@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Kent ACCORDANCE WITH THE POLICY PROVISIONS 400 W. Gowe Kent, WA 98032 AUTHORIZED REPRESENTATIVE Nathan Jensen/WHITNE -- ACORD 25(2010105) ©1988-2010 ACORD CORPORATION All rights reserved INS025(2C1005)01 The ACORD name and logo are registered marks of ACORD IMPORTANT NOTICE TO OUR POLICYHOLDERS THANK YOU FOR RENEWING YOUR POLICY WITH THE HARTFORD. WITH THIS NOTICE WE ARE PROVIDING YOU ONLY WITH THE DECLARATIONS PAGE, WHICH OUTLINES YOUR COVERAGES, AND WITH THOSE POLICY FORMS, NOTICES, AND BROCHURES WHICH ARE DIFFERENT FROM THOSE WHICH WE PNOVIDED WITH YOUR PREVIOUS POLICY, YOU SHOULD RETAIN ALL OF THESE m DOGUMFNTS__AN[J_TNiQS, PCiOVIDEf}_WITH YOUR PREVIOUS POLICY INDEFINITELY SO THAT YOU WILL HAVE A COMPLETE SET CF POLICY FORMS AT ALL TIMES FOR YOUR REFERENCE. 0 IF YOU HAVE QUESTIONS, OR IF AT ANY TIME YOU NEED COPIES OF ANY OF THE FORMS LISTED ON YOUR POLICY, PLEASE CALL YOUR HARTFORD AGENT OR BROKER, OR THE OFFICE OF THE o HARTFORD IDENTIFIED ON YOUR POLICY,AS APPROPRIATE. N r� �n H rl N N 4 0 a �e ,av Form G-3187-0 Direct Bill information You will soon receive your first till from The Hartford. Please do not snake any payment until you receive your bill. Your insurance policy is in force as of the effective date shown on the policy (If you do net wish to continue your coverage with The Hartford, you must uentact your Hartford agent or broker immediately. In addition, you must either return your policy to The Hartford or submit to The Hartford a signed "Lost Policy Release"form,which you can Obtain from your agent or broker) ti Here's how you will be billed; 0 o Your total premium is displayed on the front of your policy, You will be billed according to the payrnent plan under which you are enrolled 4' o Please pay the exact amount of the "rnrnrmum due" shown on yOUr bill or you may choose to N i pay your total premium in full, Please note that a nominal selvrre foe is added to each billing H installment. To save on service fees, you may prepay future rnstaiirncnts if you wish To avoid M late payment fees, please pay the "minrrnum due" so that it is received by the due date shown N on your bill. Service and late payrnent fees do not apply m all states 0 o If you are on the Installment billing plan and a credit or additional premium is due as the result * of a change made to your policy, the credit or additional premium will be spread equally over the future billing installmonts ;.. O If you are currently enrolled in our Electronic Funds Transfer(EFT) program, changes to your premium will tesult rrt changes to the amount that will bo, automatically withdrawn from your bank account, You can find the new draw amounts listed on your next billing statement. If you have any questions regarding this change, or if you need to adjust or stop your nexi scheduled EFT withdrawal, please call us at 1-866-467-8730 at least 3 days prior to the scheduled diawdatu o For your convenionce, more than une policy may he combined an a single monthly bill. This =-- means you can add eligible, pORAL's to your billing account at any time Options for Making a Payment: Repetitive EFT Want a fast and easy way to make your scheduled payments to The Hartford? By having your payments automatically deducted from your bank account, you don't have to write and road a check or worry about your payment being received on time To Icarn wore about EFT and to signup today for this =- time saving service. o Call customer service,toll-froe at 1-866-467-8730 o Press 2 for"Payment or' Billing Account information" o Pay,byPhone Call toll-free at 1-866-467.8730 to make, a one.-tune V.1771_; payment o Mail Check Send in a check with your remittance stub in the envelope enclosed with your bill if you have any questions about yourbrli, please call The Harflord's Customer Service toff-free number 1-866.467-8730, Form 100722 9th Rev. Printed in USA A, POLICY NUMBER: 21, SI3M 1316312 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT r rl C7 SCHEDULE 0 N ,-1 M l0 H ro Terrorism Premium(Certified Acts): N o $ $11 .00 4 O 1 A, Disclosure Of Premium However, if aggregate insured losses attributable to In accordance with the federal' Terrorism Risk certified acts of terrcrism under TRIA exceed $100 Insurance Act, as amended (TRIA), we ale requued billion rrt a Program Year (January 1 through to provide you with a notice disclosing the portion of December 31), the Treasury shall not make any your premium, if any, alUibutahle to coverage for p�nyment for any portion of thO arrleLint of such _ certified acts of terrorism under TRIA, The portion losses that exceeds$100 billion of your premium attubrrtable to such coverage is C. Cap On Insurer Participation In Payment Of [-=-� Shown ill the Schedule of this endoisernent. Terrorism Losses --- B. Disclosure Of Federal Participation In Payment If aggregate insured losses attributable to certified Of Terrorism Losses acts of terrorism under TRIA exceed $100 billion in a Program Year (January 1 through Decembei 31) The United States Department of the Treasury will and we have met our insurer deductible under TRIA, pay a shale of teriaiism losses Insured under the federal program, The federal share equals 85% of we shall not be Fable for the payment of any portion that portion of such insured losses that exceeds the of such losses that exceeds $100 billion, and in that ble insurer deductible. such case inSurod losses up to that amount are appsubject to pro rate allocation in accordance with procedures established by the Secretary of the Tieasury D7 All other terms and conditions remain the sarne. Eoim SS 83 76 01 08 Page 1 of 1 0 2008, The Hartford (Includes copyrighted material of the Insurance Services Office, Inc„with its permission,) IMPORTANT NOTICE TO POLICYHOLDERS To help your insurance keep pace with increasing costs, we have increased your amount of insurance , . giving you o better protection in case of either a partial,or total loss to your property d� o If you feel the new amount is not the proper one, please contact your agent or broker. H a N r-I UP H H ryl i r-I N N O O Ci O ..�-r CfR�� w� ani-ww ^9 Form PC-374-0 Printed in U.S A. HTHE it ARTFORD IMPORTANT NOTICE FOR FLORIDA POLICYHOLDERS C- N If YOU would like to present inqutries or obtain information about coverage or obtain assistance in resolving a cornplaint, please contact YOUR HARTFORD AGENT, Or YOU may contact The Hartford at the number stated below C) a cv �r c� SERVICING OFFICE; N THE ttAaTPURD No 8711 0141VERSITY EAST DRTVF CHARLOTTE NC 2821.3 a (877) 853-2582 THE HARTFORD COMPANY- HARTFORD CASUALTY INSURANCE COMPANY Written correspondence is preferable so that a record of your inquiry is maintained PLEASE BE SURE TO iNCLUDE YOUR POLICY NUMBER IN ANY CORRESPONDENCE. Form G-3152.2 Process Date: 01/31/12 Policy Expiration Date; 04/01/13 12 This Spectrum Policy consists of the Declarations, Coverage Forms, Common Policy Conditions and any 63 other Forms and Endorsements issued to be a pail of the Policy, This insurance is piovuted by the stock 131 insurance company of The Harlfoid Insurance Group shown below SEM INSURER: HARTFORD CASUALTY INSURANCE COMPANY HARTFORD PLAZA, TrARTPORD, CT 06115 COMPANY COt)E: 3 THE Policy Number: 21 SBM B16312 SA HARTFORD SPECTRUM POLICY DECLARATIONS ORIGINAL n Named Insured and Mailing Address: DAS MANUFACTURING, INC. (No., Street, Town, Slate, Zip Code) 3610 CINNAMON 'PRAC'E DRIVE M VALRICO FL 33594 rr v Policy Period: From 04/01/12 To 04/01/13 1' YEAR 71 12:01 a•m„ Standard time at your mailing address shown above. Exception: 12 noon In New Hampshire, kQ H Name of Agent/Broker: HALCYON UNDERWRITERS INC N Code: 224119 0 a Previous Policy Number: 21 SBM 1326312 Named Insured is: CORPORATION Audit Period: WON-AUDITABLE Type of Property Coverage: NONE Insurance Provided: In return for the payment of the prernium and subject to all of the terms of this policy,we y x agree. with you to Provide insurance as stated in this policy. .^-. TOTAL ANNUAL PREMIUM IS: $1, 157 := FLORIDA FC SURCHARGE: $ 1.16 FL EVERG MGMT 5a'URC'H: $ 4,00 2011 FHCF ASSESS CL: $ 15 ,00 —�" Fr, FIGA REG 2003: $ 3 ,23 Countersigned by Authorized Representative Date Form 55 00 02 12 06 Page 001 (CONTINUED ON NEXT PAGE) Process Date: 01/31/12 Policy Expiration Date: 04/01/13 TNSURED COPY SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 21 SBM B16312 Location(s), Buddmg(s), Business of Named Insured and Schedule of Coverages for PierniseS as designated by Number below, Location: 001 Building: 001 3610 CINNAMON TRACE DRIVE VALR700 FL 33594 I]escription of Business: PLASTIC & RUBBER SUPPLY GOODS DISTRIBUTOR Deductible: NO COVERAGE BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE BUILDING NO COVERAGE BUSINESS PERSONAL PROPERTY REPLACEMENT COST NO COVERAGE PERSONAL PROPERTY OF OTHERS REPLACEMENT COST NO COVERAGE MONEY AND SECURITIES INSIDE THE PREM15ES NO COVERAGE, OUTSIDE THE PREMISES NO COVTRACiE Form S$ 00 02 12 00 Page 002 (CONTINUED ON NEXT PAGE.) Process Date: 01/31/1,2 Policy Expiration Date: 04/01/13 SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 21 SBM B16312 BUSINESS LIABILITY LIMITS OF INSURANCE LIABILITY AND MEDICAL EXPENSES $1,000,000 MEDICAL EXPENSES -ANYONE PERSON $ 1(),000 PERSONAL AND ADVERTISING INJURY $1,000,000 DAMAGES TO PREMISES RENTED TO YOU $ 300,000 ANY ONE PREMISES rn o AGGREGATE LIMITS PRODUCTS-COMPLETED OPERATIONS $2,000,000 Cn 0 GENERAL AGGREGATE $2,000,000 CV M EMPLOYMENT PRACTICES LIABILITY H COVERAGE: r0RM SS 09 01 cw EACH CLAIM LIMIT $ 5,000 a Q o DEDUCTIBLE ,EACH CLAIM LIMIT NOT APPLICABLE AGGREGATE LIMIT $ 5,000 RETROACTIVE DATE: 04012002 This Employment Practices Liability Coverage contains claims made coverage, Except as may be otherwise provided here0l, specified coveragos of this insurance are limited generally to liability for injuries foi which claims are first made against the insured while the insurance is in force, Please read and review the insurance calerully and dISCU55 the coverage with your Hartfoid Agent of Broker. The Limits of Insurance stated in this Declarations will be reduced, and may be completely exhausted, bythe payment of"defense expense" arid, in such event, The Company will not he obligated to pay any further"defense expense" or sums which the ttlsured is or may becorne legally obligated to clay as "damages" Fonn SS 00 02 12 06 Page 003 (CONTTNUED ON NEXT PAC,I;) Process Date: 01/31/12 Policy Expiration Date: 04/01/13 SPPCTRUM POLICY DECLARATIONS (Contlnued) POLICY NUMBER: 21 SfiM T376312 Forth NUmbers of Forms and Endorsements that apply: SS 00 01 04 93 SS 00 0S 12 06 SFa 00 08 04 09 SS 01 58 09 10 S5 05 47 09 01 ss 09 01 10 08 SS 09 42 07 99 SS SO 19 01. n8 1H 99 40 04 09 :95 ;9.i 06 12 10 S8 83 76 01 06 Form SS 00 02 12 06 Pago OO4 Process Date: 01/31/12 Policy Expiration Date: 0/4/01,/13 ti rn 4 N w-f Sal I-� fIl i N N Q O r� C7 � p I may/ -�- COMMON POLICY CONDITIONS =1 s Form SS 00 05 12 06 Q 2000, The Hartford QUICK REFERENCE - SPECTRUM POLICY DECLARATIONS and COMMON POLICY CONDITIONS I. DECLARATIONS Nerved fnsured and Mailing Address Policy Perind Oescription and Business Location Coverages and Limits of Insurance II. COMMON POLICY CONDITIONS Beginning on Page A, Cancelfation 1 B. Changes 1 C. Concealment, Misrepresentation Or Fraud 2 D. Examination Of Your Books And Records 2 E, inspecliors And Surveys 2 F. frisurance Under Two Or More Coverages 2 G. Liberalization 2 H. Other Insurance- Property Covarago 2 I, Premiums 2 J. Transfer Of Right5 Of Recovery Against Others To Us 2 K. Transfer Of Your Rghls And f]utres Under This Policy 3 L. Premium Audit 3 Form 5S 00 05 12 06 COMMON POLICY CONDITIONS All coverages of this policy are subject to tho following conditions. A. Cancellation (5) Failure to. 1. The first Named Insured shown in the (a) Furnish necessary heat, water, Declarations may cancel this policy by mailing sewer service or electricity for 30 or delivering to us advance written notice of consecutive days or more, except cartcollation, during a period of seasonal a 2, We may canoel this policy by mailing or , unoccupancy, Or delivering to the first Named insured written (b) Pay property taxes that are owing notice of cancellation at least: and have been ❑utstanding for a. 5 clays before the effective date of more than one year following the �+ date due, except that this cancellation if any one of the following ry conditions exists at any budding that is provision will not apply where you M are in a bona tide dispute with the H Covered property in This policy: taxing authority regarding payment 2 (1) The building has been vacant or of such taxes. N unoccupied 60 or snore consecutive N b. 10 days before the effective date of O days. This does not apply to: a cancellation if we cancel for nonpayment o (a) Seasonal unoccupancy, or Of premium, (h) Buildlnc;s in the course of c. 30 [lays before the effective date of construction, renovation or cancellation if we cancel for any other addition, lesson. Buildings with 65% or more of the rental 3. We will mad or deliver our notice to the first units or floor area vacant or unoccupied Nanled Insured's last mailing address known are considered unoccupled under this to us, provision. _.... 4. Notice of cancellation will state the effective (2) After damage by a Covered Cause of date of cancellation The policy period will end Loss, permanent repairs to the on that date building _ S. if this policy is canceled, we will send the first (a) Have not started; and Named Insured any premium refund due, (b) Have not been contracted for, Such refund will be pro rasa, The cancellation within 30 days of initial payment of will be effective even if we have not made or loss, offered a refund (3) The building has 6. if notice is mailed, proof of mailing will be _ (a) An outstanding order to vacate; sufficient proof of notice, 7, If the first Named Insured cancels this policy, (b) An outstanding demolition order; we will retain no less than 3100 of the of premium, (c) Been declared unsafe by B. Changes t governmental authority. This policy contains all the agreements between you (4) Fixed and salvageable Aems have and us concerning the Insurance affoided. The first been or are being removed from the Named Insured shown in the Declarations is .�. building and are not being replaced. authorized to make changes in the terms of this policy This does not apply to such iemoval with ow consent This polic;y's terms can be that is necessary or incidontel to any amended or waived only by endorsement issued renovation or remodeling by us and made a pail of this policy. Form SS 00 05 12 06 Page 1 of 3 2006, The Hartford COMMON POLICY CONDITIONS C. Concealment, Misrepresentation Or Fraud 1. Prernlums This policy is void in any case of fraud by you as it 1. The first Named Insured shown In ills relates to this policy at any time, It Is also void if you Decimations: ar any other insui ed, at any time., intentionally conceal a. Is responsible 'or the payment of all or misrepresent a material fact concerning premiums; and 1. This policy, h. Will bo tho payee for any return premiums 2. The Covered Property; We pay. 3. Your interest in the Covered Property: or 2. The premium shown In the Declarations was 4. A claret under this policy con}puted based on rates in effect sat the time the policy was issued If apphcab!e, ail each D, Examination of Your Books And Records renewal, continuation or anniversary of the We may examine and audit your books and effectivo date of this policy, we will compute records as they relate to the policy at any lime the premium in accordance with out rates and doling the policy perod and up to three years rules they) in effect, afterward. 3. With our consent, you niay continue this Policy E. Inspections And Surveys in forcu by paying a eonlinuatron premium for We hAv0 the right but ate not obligated to. each successive one-year period, 'The premium Hurst be; 1. Make inspections and surveys at any time, a. Paid to us prior tp tl)e an3lIVelRaiydBtC;and 2. Give you repalls on the conditions we find,and b. Deteimrned in accoidance with Pamgr'aph 3. Recommend changes 2, above, Any inspections, surveys, reports or Our forms then in effect will apply If you do recommendations relate Only to insurability and the not pay the continuation piemiun), this r,OliOy premiums to be charged Wo do not make safety will expo c on tho first ennivoisary datcr that we inspections We do not urttlr;rtake to perroiin the duty have not received the prenmun) of any person Or olgimzation to provide. for the hnalth or safety of lily person, And we do not represent or 4. Changes to eation, P or chan)ae' h) vuur wan'anllhalcrmdrtions, business operation, acquisitierm c:r' use of locations that nic nut showy) iri the Decl&rations 1. Arc safe or healthful; or may Occur cfuuny the pofcy pL�riod If so.We may 2. Comply with laws, reyutatlons, codes or require an additional premium, That pr m;unr will standards, be determined as accordance with our rates and This condition applies riot only to us, but also to l tiles then in effect any rating, advisory, late set-vice or similar J. Transfer Of Rights Of Recovery Against Others organization whinh makes insurance inspections, To Us surveys, reports or iecomrriendations. Applicable to Property Coverage: P. Insurance Under Two Or More Coverages if any person or organization to or for whom we If two of more of this policy's coverages apply to malke payment under this policy has rights to itae same loss or damage, we will not pay mole rocover dame+ges flow) another, those n,4his rare than the actual amount of the loss of damage, transfeired to us to the ex tent Of Out 1)ayment. G. Liberalization Thai person or oiggamzation must do evcrrythhig necr.'ssary to secure our rights noel rnue.t do If we adopt any revision that would broaden the nothrnq after loss to impair there Bat you may caveage under this policy without additioi,al waive your lights against another pa;;y in wiitu)y. pr emuim withinl pr for to or dtn uict the policy 1. Prior to a loss to your Covered Property, period, the broadened coverage will immediately apply to this policy. 2. After a joss to your Covered Pi'cpei y or)ly if, tit H. Other Insurance -Property Coverage time of loss,that party is one of the fell-Owilig If there is other 11151.1ranc0 covering the same loss a. Someone insured bythis insurance, or damage, we will pay only for the amount Of b. A business firm covered loss or damage in excess of the amount (1) Owned or controlled by you,Ur due from that other insurance, whether you ran collect on it or not But we will riot tray more than (2) That owns or controls YOU:or the applicable Lrn)d of Insurance. Page 2 of 3 Forin 88 00 05 12 06 COMMON POLICY CONDITIONS c. Your lenant. L. Premium Audit You may also accept the usual bills of lading or a. We will compute all premiums for thfs policy In shipping receipts limiting the liability of carriers, accordance with cur rules and rates, This will not restrict your insurance, b. Tire premium amount shown Ill the K. Transfer Of Your Rights And Duties Under This Declarations is a deposit premuull only. At the Policy Close Of eooh audd perod we will comr)ufe the earned premium for that period Any Your rights and duties under this policy may not be additional premium foetid to be due as a result transferred without our written consent except in of the audit are due and payable on notice to the case of death of an individual Named IrlSlli ed. the first Names! InSured If tho deposit If you die, your rights and duties will he transferred piemmin pmd for the policy terra is greater to your legal representative but only while acting than the eamed premium, we will return the i within the scope of duties as your legal excess to the M,9t Named Insured, representative. Until your legal representative is c. The first Named Insured must maintain all appointed, anyone having propel temporary records related to the coverage provided by custody of your properly will have your rights and this policy and necessary to tinallz_e the 1-4 o duties but only with respect to that property prertrium audit, and send us copies of the N M same upon our request to m m N N 4 -4 Our President and Secretary have signed this policy Where required by law,the Declaratlons page has also been o countersigned by our duly author iced representative r F3%i'WA Terence Shleide,Secretary Andrk A.Napad,President Form 33 00 05 12 06 Page 3 of 3 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 0 2005, The Hartford QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Begfnning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension-Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations The words "we","us"and"our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured"means any person or organization qualifying as such under Section C. -Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES (a) The "bodily Injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY, PROPERTY DAMAGE, PERSONAL "occurrence" that lakes place in the "coverage territory"; AND ADVERTISING INJURY) Insuring Agreement (b) The "bodily injury" or "property damage" occurs during the policy a. We will pay those sums that the insured period, and becomes legally obligated to pay as (c) Prior to the policy period, no insured damages because of "bodily injury', listed under Paragraph 1, of Section "property damage" or "personal and C. — Who Is An Insured and no advertising injury" to which this insurance "employee"authorized by you to give applies We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit" or claim, knew that the "bodily injury" seeking those damages However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in part If such a listed any "suit" seeking damages for "bodily insured or authorized "employee" injury", "property damage" or "personal and knew, prior to the policy period, that advertising injury" to which this insurance the "bodily injury" or "property does not apply damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence" or offense and settle any claim of such "bodily injury" or "property or"suit"that may result. But damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described in Section D. - known prior to the policy period Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance, and caused by an offense arising out of your (2) Our nght and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory" insurance in the payment of judgments, during the policy period, settlements or medical expenses to which c. "Bodily njury" or "property damage"will be this insurance applies deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform acts or services is covered unless insured listed under Paragraph 1. of Section explicitly provided for under Coverage C. — Who Is An Insured or any "employee" Extension-Supplementary Payments authorized by you to give or receive notice of an "occurrence" or claim, b. This insurance applies (1) Reports all, or any part, of the "bodily (1) To "bodily injury" and "property injury" or "property damage" to us or damage"only if: any other insurer, Form SS 00 08 04 05 Page 1 of 24 © 2005,The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the Injury'or"property damage"; or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for "bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur, accident, d. Damages because of"bodily injury' include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices, and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, Injury". professional nursing and funeral e. Incidental Medical Malpractice services (1) "Bodily injury" arising out of the 3, COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend; be deemed to be caused by an "occurrence", but only if; (1) All expenses we incur (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of ball bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability {b} You are not engaged in the Coverage for"bodily injury" applies. We do not have to furnish these bonds business or occupation of providing such services (3) The cost of appeal bonds or bonds to release attachments, but only for bond (2) For the purpose of determining the amounts within the applicable limit of limits of Insurance for incidental medical malpractice, an act or omission insurance We do not have to furnish p y these bonds together with all related acts or omissions in the furnishing of these (4) All reasonable expenses Incurred by the services to any one person will be insured at our request to assist us in the considered one"occurrence" investigation or defense of the claim or 2. MEDICAL EXPENSES "suit", including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily Injury" caused by an the "suit". accident, (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay, If we make an offer to pay the rent; or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer provided that. (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance the accident, and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance examination, at our expense, by physicians of our choice as often as we reasonably require Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit' So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a parry to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met; necessary litigation expenses incurred (1) The "suit" against the Indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments, has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — that is an "insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will not reduce the Limits of Insurance, (3) The obligation to defend, or the cost of the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same "insured contract"; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements;or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The Indemnitee and the insured ask Paragraph(6)above,are no longer met. us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to and the indemnitee; and a. Expected Or Intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or intended from the (1) Cooperate with us in the standpoint of the insured This exclusion does not apply to "bodily investigation, settlement or injury" or "property damage" resulting defense of the "suit"; from the use of reasonable force to 01) Immediately send us copies of protect persons or property,or any demands, notices, (2) "Personal and advertising njury" arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or with the consent or the "suit", acquiescence of the insured with the (iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising Injury" indemnitee, and b. Contractual Liability (tv) Cooperate with us with (1) "Bodily injury"or"property damage",or respect to coordinating other applicable insurance available (2) "Personal and advertising injury" tothe indemnitee, and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to, liability in a contract or agreement. (i) Obtain records and other This exclusion does not apply to liability information related to the for damages because of "suit", and (a) "Bodily injury","property damage"or (it) Conduct and control the "personal and advertising injury"that defense of the indemnitee in the insured would have in the such "suit" absence of the contract or agreement,or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily Injury' or"property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business,or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of(1)above. subsequent to the execution of the This exclusion applies. contract or agreement Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an 'insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of paydamages because ofthe injury. "bodily injury' or"property damage" This exclusion does not apply to liability provided. assumed by the insured under an "Insured (1) Liability to such party for, or for contract". the cost of, that parly's defense f. Pollution has also been assumed in the (1) "Bodily injury", "property damage" or same"insured contract",and "personal and advertising injury" (11) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of"pollutants". resolution proceeding in which (a) At or from any premises, site or damages to which this insurance applies are alleged. location which is or was at any time owned or occupied by, or c. Liquor Liability rented or loaned to any insured "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to; reason of: (1) "Bodily injury"if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol,or cool or dehumidify the building, or equipment that is (3) Any statute, ordinance or regulation used to relating to the sale, gift, distribution or heat water for personal use, by use of alcoholic beverages. the building's occupants or their guests; This exclusion applies only if you are in the (II) "Bodily injury' or "property business of manufacturing, distributing, damage"for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages, contractor and the owner or d. Workers' Compensation And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury"to, such premises, site or location is not and never was owned or (1) An "employee" of the Insured arising occupied by, or rented or out of and in the course of loaned to, any insured, other (a) Employment by the insured;or than that additional insured, or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (III) "Bodily Injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (11) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste, into that budding in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor, or as waste by or for (Ili) "Bodily injury" or "property (1) Any Insured; or damage" arising out of heat, ii An person or organization for smoke re fumes from a ( ) Y P 9 "hostile fire", or whom you may be legally responsible; (e) At or from any premises, site or location on which any insured or any (d) At or from any premises, site or contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on operations if the operations are to any insured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of,"pollutants" connection with such operations (2) Any loss, cost or expense arising out by such insured, contractor or subcontractor However, this of any. subparagraph does not apply to, (a) Request, demand,order or statutory (1) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants",or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment"or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them This responding to, or assessing the exception does not apply if the effects of, "pollutants" "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" In, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or In any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes I. War operation and"loading or unloading". "Bodily Injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury', however against any insured allege negligence or caused, arising,directly or indirectly,out of other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment,training or monitoring of others (2) Warlike action by a military force, by that insured, if the "occurrence" which caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by governmental authority in hindering or (1) A watercraft while ashore on premises defending against any of these you own or rent, Professional Services (2) A watercraft you do not own that is: ) "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge, any professional service, This includes (3) Parking an "auto" on, or on the ways but is not limited to, next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured, (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment", or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew However, this exception does not apply if the insured {6) Any service, treatment, advice or has any other insurance for such "bodily instruction for the purpose of appearance or skin enhancement, hair injury" or "property damage", whether re the other insurance is primary, excess, removal or replacement or personal grooming, contingent or on any other basis h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of ophthalmic lenses and similar (1) The transportation of"mobile equipment" products or hearing aid devices, by an "auto" owned or operated by or rented or loaned to any insured;or Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this Including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, Including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To Premises Rented To You as described in (a) Body piercing (not including ear Section D. - Limits Of Insurance piercing); b Tattooing, including but not limited Paragraph (pr of this exclusion does not ( ) g g apply if the premises are "your work" and to the insertion of pigments into or were never occupied, rented or held for under the skin; and rental by you (c) Similar services; Paragraphs(3)and(4)of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under sidetrack agreement. site design Paragraphs(3)and(4)of this exclusion do Paragraphs(4)and (5)of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at ajob site Paragraph 1.e. in Section A.-Coverages Paragraph (6) of this exclusion does not k, Damage To Property apply to "property damage" included in the "Property damage"to: "products-completed operations hazard" (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property damage" to "your product" Incurred by you, or any other person, arising out of it or any part of it organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" "your work" arising out of it or any part off it and included in the property for any reason, including prevention of injury to a person or products-completed operations hazard" damage to another's property, This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon, if the"property damage"arises the damage arises was performed on your out of any part of those premises, behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or Property Not Physically Injured (4) Personal property in the care, custody or control of the insured; "Property damage" to or property' or property that has not been physically (5) That particular part of real property on Inured, arising out of which you or any contractors or (1) dangerous condition in "your product" defect, deficiency, inadequacy or subcontractors working directly or indirectly on your behalf are performing d operations, if the "property damage" or'yourwark", or arises out of those operations,or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms, incorrectly performed on ft. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work'; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral, written or electronic itself, Is not considered the business of advertising, broadcasting, publication of material, if done by or at the direction of the insured with publishing or telecasting; (9) Arising out of an electronic chat room knowledge of its falsity, 2 Arising out of oral, written or electronic or bulletin board the insured hosts, ( ) g owns, or over which the insured publication of material whose first exercises control; publication took place before the beginning of the policy period; (10) Arising out of the unauthorized use of a (3) Arising out of a criminal act committed by or at the direction of the insured, address, domain name or ms name or product in your e-mail any other similar tactics too s, or mislead (4) Arising out of any breach of contract, anther's potential customers; except an implied contract to use (11) Arising out of the violation of a another's "advertising idea" in your person's right of privacy created by 'advertisement'; any state or federal act (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have In the absence of performance made in your such state or federal act, advertisement'; (6) Arising out of the wrong description of (12) Arising out of: the price of goods, products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; Intellectual property righls such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity on your web site. Content includes However, this exclusion does not Information, code, sounds, text, apply to infringement, in your graphics or images,or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (1) Yourweb site; or a trademark, trade name, service (il) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or consent on your web site, Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any al (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the Fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would not have occurred in whole or in (15) Arising out of discrimination or part but for the "asbestos hazard"; humiliation committed by or at the direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory memberof the insured. requirement that any insured or others test for, monitor, clean up, q. Electronic Data remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard", or "electronic data". (c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for, "Bodily injury"or"personal and advertising monitoring, cleaning up, removing, injury"to: encapsulating, containing, treating, (1) A person arising out of any, detoxifying or neutralizing or in any way responding to or assessing the (a) Refusal to employ that person; effects of an"asbestos hazard". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment;or Malls, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate* (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury"to the (2) The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment-related practices law;or described in Paragraphs(a), (b),or(c) above is directed. (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act This exclusion applies. of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity, distribution of material or information and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through Ill and k. through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury' temporarily occupied by you with permission of arising out of the"asbestos hazard" the owner A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss,costs or expenses that; Section D. - Liability And Medical Expenses Limits Of Insurance Form SS 00 03 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an Insured. Your trustees We will not pay expenses for"bodily injury" are also insureds, but only with respect to their duties as trustees a. Any Insured To any insured,except"volunteer workers". 2• Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers Your "volunteer workers" only while To a person hired to do work for or on behalf perfof any insured or a tenant of any insured. your business,rming duties relatedess, or your "employees", the conduct of your mployees", other c. Injury On Normally Occupied Premises than either your"executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies, company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by you or while performing duties related to To a person, whether or not an the conduct of your business. "employee" of any insured, if benefits for the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers"are insureds for, or disability benefits law or a similar law (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests, (if you are a limited liability company), or to a co-"employee" f. Products-Completed Operations Hazard while in the course of his or her Included with the "products,-completed employment or performing duties operations hazard" related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage, "volunteer workers" while performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated In the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner Paragraph (1)(a)above, b. A partnership or joint venture, you are an (c) For which there is any obligation insured Your members, your partners, and to share damages with or repay their spouses are also insureds,but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(a) or insured. Your members are also insureds, (b) above, or but only with respect to the conduct of your (d) Arising out of his or her providing business Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured, Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors you to provide such services. Your stockholders are also insureds,but only (2) "Property damage"to property: with respect to their liability as stockholders (a) Owned, occupied cr used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, In the care, custody or b. Coverage under this provision does not control of, or over which physical apply to, control is being exercised for any (1) "Bodily injury' or "property damage" purpose by you, any of your that occurred,or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member(if you are a partnership or joint venture), or arising out of an offense committed any member (d you are a limited before you acquired or formed the liability company), organization b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to"mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property,and However, no person or organization is an insured (2) Until your legal representative has with respect to, been appointed, a. "Bodily injury" to a cc-"employee" of the d. Legal Representative If You Die person driving the equipment, or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part your permission. Any other person or The insurance afforded herein far any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with as si named insured does not apply to respect to liability arising out of the operation of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization for this liability insured under another policy or would be an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured w th respect to: limits of insurance a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However Permit a. Coverage under this provision is afforded The person(s) or organizatlon(s) identified in J only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (a) Any failure to make such permit issued by a state or political Inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional Insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; Insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit, except such operations performed at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional Insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale you, have been labeled including all persons or organizations added or relabeled or used a as additional insureds under the specific container, part ingredient o of f any additional insured coverage grants in Section other thing or substance by or for the vendor;or F. —Optional Additional Insured Coverages (h) "Bodily injury" or "property a. Vendors damage" arising out of the sole Any person(s)or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on Its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to. business and only if this Coverage Part provides coverage for "bodily Injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs(d)or(f), or "products-completed operations hazard". (It) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions, undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by Insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products vendor would have in the absence of the contract or agreement, b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment, but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor, caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the Insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the Insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to, municipality; or (a) Any "occurrence" which takes (b) "Bodily injury"or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard" premises, or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an Insured under Paragraphs a. operations performed by or on through a above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising iniury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage' or "personal on your behalf, and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations, the acts or omissions of those acting on (b) In connection with your premises your behalf owned by or rented to you; or (a) In connection with your premises; (c) In connection with"your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (1) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies, such additional insured, and This insurance does not apply to (it) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications, or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including, activities Form SS 00 03 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications, or explosion, (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described In Section D. — Limits "property damage" and medical expenses Of Insurance arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional Insured the Declarations, is described in the Other Insurance Condition The most we will pay for all medical expenses In Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions one person is the Medical Expenses Limit No person or organization Is an Insured with shown in the Declarations respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage Premises Rented You we will pay regardless of the number of: Limit is the mosstt we will pay under Business iness Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or"suits" brought;or rented to you, or in the case of damage by fire, C. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner The most we will pay for: In the case of damage by fire, lightning or a. Damages because of "bodily injury" explosion, the Damage to Premises Rented To 9 Y 1 rY' You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these Aggregate Limit shown in the Declarations 6. How Limits Apply To Additional Insureds b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the esser of expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you, b. The Limits of Insurance shown in the "Location" means premises involving the Declarations same or connecting lots, or premises Such amount shall be a part of and not In whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit However, this other Information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3.above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit", and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own cost, voluntarily make a paymentt,, assume GENERAL CONDITIONS any obligation, or Incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence" or an written contract, written agreement or offense which may result in a claim To permit that this insurance is primary and the extent possible, notice should include- non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place, f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses, and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence"or offense. known to b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must- insured is a partnership, (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received, insured is a limited liability company, and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation, it that we receive a written notice of the (5) Any trustee, if you or an additional clai m or"suit"as soon as practicable, insured is a trust;or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must. subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have Issued this policy In reliance you and any additional insured upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure the extent of the coverage and limits of 7, Other Insurance insurance required by that law. If other valid and collectible Insurance is Ill With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law We will provide the required limits for This insurance is primary except when b. those coverages. below applies If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under Insurance by the method described In c.below this Coverage Form, b. Excess Insurance a. To join us as a party or otherwise bring us into a "suit" asking for damages from an This insurance is excess over any of the insured;or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an Insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner, liability signed by us, the insured and the claimant or the claimant's legal representative (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage" to premises rented and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies: a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured, and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit"is brought the extent not subject to Exclusion g. of Section A.—Coverages 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete, the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A.— representations you made to us; and Coverages Page 16 of 24 Form 5S 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this Insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or Insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance, or insurance (7) When You Add Others As An We will share the remaining loss, if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other Insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first, written agreement or permit that If any of the other insurance does not permit this insurance be primary If other contribution by equal shares, we will insurance is also primary, we will contribute by limits Under this method, each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable lima of insurance to the total below, applicable limits of insurance of all insurers, (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us The Insured must do insurance, this insurance is nothing after loss to impair them At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance enforce them This condition does not Paragraphs(a) and (b) do not apply to apply to Medical Expenses Coverage other insurance to which the additional b, Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit" If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. Is If listed or shown as applicable in the Declarations, amended to include as an additional Insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C.Is Declarations These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Lability Coverage in this policy, except as shown in the Declarations as an Additional provided below. Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for"bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown rn the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment a. in the performance of your ongoing 5. Additional Insured - Owners Or Other operations, or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you, a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other Interests From arnended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations ownership, maintenance or use of that part of t b. With respect to the insurance afforded to he premises leased to you and shown in the Declarations these additional insureds, the following additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land;or (1) Any 'occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises, or performed by or on behalf of such person or organization. (2) Structural alterations, new construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision—Permits person or organization, a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Pace 18 of 24 Form SS 00 03 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — Slate Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) "Bodily injury', 'property damage or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product, the state or municipality; or 2 "Bodily injury" or roe damage" {g) Products which, after distribution { ) "B y i 1 ry� "property p g or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations"hazard, container, part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor, or amended to include as an additional (h) "Bodily injury" or "property Insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However,this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (1) The exceptions contained in business and only if this Coverage Part Subparagraphs d provides coverage for "bodily injury" or ( )or{f); or "property damage" included within the (ii) Such inspections, "products-completed operations hazard". adjustments, tests or servicing as the vendor has agreed to b. The Insurance afforded to the vendor is make or normally undertakes subject tolhe following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement, whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products (b) Any express warranty 8. Additional Insured—Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of. demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises and then repackaged in the original container, Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This Insurance does not apply to structural The limits of Insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured—Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: In part, by your acts or omissions or the a. (1) Radio, acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional (5) Newspaper, insured(s), or b. The Internet, but only that part of a web (2) In connection with "your work" site that is about goods, products or performed for that additional insured and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services, or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury' or widespread public distribution "property damage" included within the However, "advertisement"does not include. "products-completed operations a. The design, printed material, information hazard", or images contained in, on or upon the b, With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products, or does not apply to"bodily injury", "property b. An interactive conversation between or damage' or personal an advertising among persons through a computer network. injury" arising out of the rendering of, or the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement" services, including. 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifcations; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities equipment But "auto" does not include 10. Additional Insured — Co-Owner Of Insured "mobile equipment", Premises 5. "Bodily injury"means physical. WHO IS AN INSURED under Section C. is a. injury; amended to include as an additional insured b. Sickness; or the person(s) or Organizatlon(s) shown in the c. Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means. Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America(Including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by, b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in a.above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement damage arises out of 12. "Insured contract" means; (1) Goods or products made or sold by you in the territory described in a.above; a. A contract for ti lease of premises, However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a, person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business, or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that lake place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. — Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance damages is determined in the United States of b. A sidetrack agreement; America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to, feet of a railroad, 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs. to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality, b. Created or used on; or e. An elevator maintenance agreement, or C. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-RCMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for"bodily injury" or "property 8. "Employee" includes a "leased worker", damage"to a third person or organization, "Employee" does not include a "temporary provided the "bodily injury" or "property worker" damage" is caused, in whole or in part, by you or by those acting on your behalf. 9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifles a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be damage" arising out of construction or 11. "Impaired property' means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because- bridge or trestle, tracks, road-beds, tunnel, a. It incorporates "your product" or "your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not Include deficient, inadequate or dangerous,or that part of any contract or agreement Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That Indemnifles an architect, (1) Power cranes, shovels,, loaders, engineer or surveyor for injury or diggers or drills;or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types: or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage; or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment, or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers, rendering or failure to render f. Vehicles not described in a., li c., or d. professional services, including those above maintained primarily for purposes listed in (1) above and supervisory, other than the transportation of persons or Inspection, architectural or engineering activities cargo 13. "Leased worker" means a person leased to However, self-propelled vehicles with the following types of permanently attached you by a labor leasing firm under an equipment are not "mobile equipment" but agreement between you and the labor leasing will be considered"autos": firm, to perform duties related to the conduct of your business "Leased worker" does not (1) Equipment, of at least 1,000 pounds Include a"temporary worker" gross vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for. property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing, or aircraft, watercraft or"auto", (c) Street cleaning; b. While it is in or on an aircraft,watercraft or (2) Cherry pickers and similar devices "auto", or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or"auto"to the place where it is workers, and finally delivered, (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto" well servicing equipment 15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, Into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury' or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services, own or rent e. Oral, written or electronic publication of b. Does not Include "bodily Injury' or material that violates a person's right of "property damage" arising out of; privacy; (1) The transportation of property, unless f. Copying, In your "advertisement", a the injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned idea"or style of"advertisement", or operated by you, and that condition g. Infringement of copyright, slogan, or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any "advertisement", or insured,or h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person materials. 18. "Pollutants" means any solid, liquid,.gaseous or 20. "Property damage" means. thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed, deemed to occur at the time of the 19. "Products-completed operations hazard"; physical injury that caused it; or a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product" or"your work"except. "occurrence"that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession,or not tangible property (2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times, to which this insurance applies are alleged. (a) When all of the work called for in "Suit" includes yourcontract has been completed a. An arbitration proceeding In which such (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with your contract calls for work at our consent, or more than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are a job site has been put to its claimed and to which the insured submits intended use by any person or with our consent organization other than another 22. "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions 23. "Volunteer worker" means a person who a. Is not your"employee" Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions scope of duties determined by you, and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25, "Your work" 24. "Your product', a. Means, a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by. furnished in connection with such work (a) You, or operations (b) Others trading under your name, b. Includes. or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired, and of"your work", and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions furnished in connection with such goods or products b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product", and 1 Page 24 of 24 Form SS 00 08 04 05 PUBLIC WORKS OPERATIONS Brad Lake, Operations Manager Phone 253-856-5600 KENT Fax 253-856-6600 W A S H I H G T O N Address, 5821 S 240m Kent, WA 98032-5895 Memorandum DATE: November 30, 2012 TO: Timothy J. LaPorte, P.E., Public Works Director THROUGH: Greg Reed, Utilities Superintendent FROM: Laura Haren, Storm Drain Facilities Inspector RE: The Storm Drainage Section requested bids for catch basin markers as part of the NPDES program. The markers would be used to replace existing thermoplastic catch basin stencils, which we have found to break down and fall apart after as little as one to two years in the field. Costs associated with the markers are eligible for reimbursement through our existing grant from the Department of Ecology. We contacted three suppliers and received two responsive quotes - ACP International and das Markers. A third supplier submitted a quote, but for a product that does not fit our request. The ACP quote for markers is $18,900 versus $21,300 from das Markers. The cost for shipping and pavement adhesive is essentially equal between the two products. The das Markers product is slightly more expensive than ACP; however, based on our discussions with users in the area das Markers are better quality and last longer. The das Markers have a "Duracast Dome" that is polyurethane and effectively doubles U.V. resistance to significantly extend the life of the marker. This is a feature ACP does not offer. The das Markers have a warranty of 12 years; ACP Markers 10 years. The das Markers also have graphics that are a higher quality and stand out more with contrasting colors to catch the eye. Many of our neighboring cities have used das Markers and have been satisfied with the product. For these reasons we recommend purchasing das Curb Markers brand catch basin markers for the NPDES Program. The total cost for the markers will be $23,029.00 including pavement adhesive and shipping. P/Pubbc/AdmmSupporAL tt rs Operanons/LHaren das Markers dxx REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes viewed by Director Originator's Name: Laura Haren Dept/Div. PW 0 erations xtenslon: 5643 Date Sent: ,4/)6 Date Required: Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 2/28/13 VENDOR: DAS Manufacturing Inc. DATE OF COUNCIL APPROVAL: n/a ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for DAS Manufacturing to supply catch basin markers and adhesives as part of the NPDES program. For additional information, see the attached memo prepared by Laura Haren. RECEIVED City of rent O flce of the pleas+or All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: JRN 14 2013 Approval KET�' "VV DEPT. Law Dept. Comments: Ulm. 1 Date Forwarded to Mayor: I I Shaded Areas To Be Completed By Administration Received: JAN 15 2013 Recommendations and Comments: CITY op KEwr CITY CLERX Disposition: /����.(� ���✓�� _ / Date Returned: