Loading...
HomeMy WebLinkAboutPW13-192 - Original - Sahlberg Equipment Company - Water Valve Exerciser - 07/12/2013 400,5�, Records Mant'agernen't, KEN T „,A$H1NGTON Document 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: Sahlberg Equipment company Vendor Number: JD Edwards Number Contract Number: g,�13- I I o`l This is assigned by City Clerk's Office Project Name: Water Valve Exerciser Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: 7 1a2— /3 Contract Effective Date: Date of the Mayor's signature Termination Date: 9/15/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kevin Swinford/Ron Green Department: PW Operations Detail: (i.e. address, location, parcel number, tax id, etc.): Supply a water valve exerciser. . S Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT W PSHINGTOV GOODS & SERVICES AGREEMENT between the City of Kent and Sahlberg Equipment Company THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Sahlberg Equipment Company organized under the laws of the State of Washington, located and doing business at 375 N. McNeely St., Buckley, WA 98321, Phone: (360) 829-1073/Fax: (360) 829-1374, Contact: Jim Sanborn (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 a Water Valve Exerciser for the city's Water Main and Services Division. For a copy of the Vendor's quote, see Exhibit A which is attached 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 September 15, 2013. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Four Thousand, Eight Hundred Fifty Six Dollars and fifty cents ($24,856.50), 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. VENDORS ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND 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, rncludrng 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. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the 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 NSST) 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 KENT: By: By: �641: z (slgnatureJ (signature) Print Name: �lc��-„4 �� � �2c�_ Pri Nam ette Cooke Its Azr,srvwntr It Mayor ((title) DATE: 1 i3 17 DATE: 7ZIZ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Jim Sanborn Timothy J. LaPorte, P.E. Sahlberg Equipment Company City of Kent 375 N. McNeely St. 220 Fourth Avenue South Buckley, WA 98321 Kent, WA 98032 (360) 829-1073 (telephone) (253) 856-5500 (telephone) (360) 829-1374 (facsimile) (253) 856-6500 (facsimile) APPRO ED AS T FORM: v�V 61� Kent Law Department Sahlberq-Valve Exerciser/Swmfard 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. Dated this VS day of kwr , 20(S By: For: �.-F SAZ-f(-`3tf-/z A Co -1 n(- DDY ��Hcr3l�ft� J:FBZut�°wt�=,�cr �o Title: P r2S'rDgwr Date: � ( 13 ( i -9 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 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EX ,, ;tRtT A � iHL.BERG EQUIPMENT COMPANY Quote Date 01/24/13 Cow IB60 1 375 North W1cNeeley Street City of Kent Attw Jason Roller Buckley Wash ngton 98321 5821 S.240th Street Phone 253-856-5615 Phone - 363-829-1073 Kent,WA 98032 FAX 235-856-6600 Fax-360-829-1374 Terms Net 30 F O.B Kent City Shop IQ Make Model Description Price Ea Total 1 Hurco SD800 SD800 Chrome Moly vertical arm exerciser $9,250 00 $9,250 00 1 Hurco IDP14E 14 HP power pack $4,500 00 $4,500 00 1 Hurco ERG3 Extended Reach for 13'reach $1,800 00 $1,800 00 2 Hurco W5-8 Hydrant wrench (sizes required) $2DD 00 $400 00 1 Hurco SDT800 Trailer for the vertical arm $3,950 00 $3,950 00 1 Freight Estimated Freight $2,800 $$2,800 00 i SUB TOTAL $22,700 00 Trade In Allowance Qty I Make IModel IDescription Allowed Ea I Total TRADE SUBTOTA $0 OD Comments THIS QUOTE VALID FOR 30 DAYS Sale Amount $22,700 00 Sales Tax 9 50% $2,156 50 For additional information call Total $24,856.50 3 Jim Sanborn @ Sahlberg Equipment 253-394-1718 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. Automobile Liability insurance covering all owned, non-owned, Fired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) 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. 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 A:VII. 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. 7 ® DATE(MMIDDIYYYY) '4 CERTIFICATE OF LIABILITY INSURANCE 6/14/2013 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 CONTACT NAME Rachelle(Shelly) Schlenker Degginger McIntosh and Associates PHONE INC No Pid) (425)740-5200 ac No (425)740-5201 3977 Harbour Pointe Blvd SW E-MAIL ADDRESS shelly@DMAinsurance.com INSURERS AFFORDING COVERAGE NAIC ll Mukilteo WA 98275 INSURERA Hartford Insurance Company INSURED INSURERS Sahlberg Equipment Company INSURER 375 N Mcneely Street INSURER INSURER E Buckley WA 98321-9278 INSURER COVERAGES CERTIFICATE NUMBER 12/13 GI, BA SG REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDDNYYY MWDDNYYY A GENERAL LIABILITY 52UUNUS5894 8/1/2012 8/1/2013 EACH OCCURRENCE $ 1,000,000 DAMA ETORENTED 300,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE X❑OCCUR X y MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 11 000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOD $ A AUTOMOBILE LIABILITY 52UUNUS5894 8/1/2012 8/1/2013 CEOMaBcINdEEDtSINGLELIMIT $ 1,000 000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED X BODILY INJURY(Peraccident) S AUTOS AUTOS Ix X NON-OWNED PROPERTY B 3C den DAMAGE 3 HIRED AUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DE❑ RETENTION$ $ A XWO(�1(6.99C=ff>�A=K 52UUNUS5894 8/1/2012 8/1/2013 WC STATU- X OTH- )MX EMPLOYERS'LIABILITY rR ANY PROPR I ETC RIPARTNEFUEXECUTIVE� NIA WA STOP GAP EL EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYEN$ 1,000,000 If yes describe under CESCRIP-ION OF OPERATIONS below EL DISEASE-POLICY LIMIT 1$ 1,000,000 1—[ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required City of Kent is included as Additional Insured per attached form FIG 0001 0605) with respect to any and all operations of the Named Insured. Coverage is Primary and Non-Contra.butory and includes a Waiver of Subrogation per same form. A Per Project Aggregate applies per attached form HS2450(1109) . Additional Insured on the Auto applies per attached form HA9916(0312) . All endorsements apply per required Written Contract. CERTIFICATE HOLDER CANCELLATION nyoshitake@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 Engineering Dept. Attn: Nancy Yoshitake AUTHORIZED REPRESENTATIVE 220 4th Avenue South Kent, WA 98032 Keith Degginger/OGDON ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION All rights reserved INSG2519mnm5 n1 The Arnpirl name enri Inn^are ronicfererl msrlrc of Ar c)pn POLICY NUMBER: 52UUNUUM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX 1. Alienated Premises Coverage..............................,........................................ ......1 .......................................................... 2. Damage To Your Work..................................................................................................................................................1 3 Contractors Limited Professional Liability........................... ........................................................................................1 4. General Aggregate Limits Of Insurance(Per Project)...................................................................................................2 S. Motor Vehicle Laws..................................................................................................................................................... .2 6. Medical Payments Coverage—Including Products-Completed Operations...............................................................3 7. Insured Contract—Construction Operations And Municipal Work.... ...................................................................... .3 8. Injury To Employee's Reputation With Respect To Incidental Medical Malpractice .....................................................3 9. Bodily injury Employee Suits..........................................................................................................................................3 10. Limited Products-Completed Operations Coverage In Connection With A Consolidated Insurance(Wrap-Up) Program......................................................... ........................................ ............................................................3 11. Electronic Data Liability..................................................................................................................................................4 12. Contractual Liability Coverage For Personal And Advertising Injury..............................................................................4 13. Supplementary Payments......... .................... .......... ..... ................................................ ..............................5 1. ALIENATED PREMISES COVERAGE This exclusion does not apply if the damaged work Exclusion j. Damage To Property of Section 1 — or the work out of which the damage arises was Coverage A is amended as follows: performed on your behalf by a subcontractor. a. The following exception to the exclusion is This provision does not apply if exclusion I. deleted: Damage To Your Work has been otherwise Paragraph (2) of this exdusion does not apply if modified by endorsement the premises are "your work' and were never 3. CONTRACTORS LIMITED PROFESSIONAL occupied,rented or held for rental by you. LIABILITY b. This exception is replaced by the following: The following exdusion Is added to Paragraph 2., Paragraph (2) of this exclusion does not apply if Exclusions of Section I-Coverage A-Bodily Injury the premises) of this exclu" And Property Damage Liability,and to Paragraph 2., Exclusions of Section i - Coverage B - Personal 2. DAMAGE TO YOUR WORK And Advertising Injury Liability: Exclusion I. Damage To Your Work of Section I - This Insurance does not apply to "bodily injury', Coverage A is replaced by the following: "property damage'or"personal and advertising injury" 1. Damage to Your Work arising out of the rendering of or failure to render any "Property dama e" to that particular part of r professional services by you with respect to your p m' g � providing engineering, architectural or surveying work' out of which damage arises and included in services in your capacity as an engineer, architect or the"products-completed operations hazard". surveyor. Form HS 24 601109 Page 1 of 5 ©2009,The Hartford (includes copyrighted material of insurance Services Office,Inc.with its permission.) Professional services include: the Declarations nor shall they reduce any (1) The preparing, approving, or failing to prepare or other General Aggregate Limit for any other approve, maps, shop drawings, opinions, reports, project. surveys, field orders, change orders, or drawings 4. The limits shown in the Declarations for Each and specifications;and Occurrence, Damage To Premises Rented To (2) Supervisory or inspection activities performed as a You and Medical Expense continue to apply. part of any related architectural or engineering However, instead of being subject to the activities General Aggregate Limit shown in the This exclusion does not apply to 'bodily injury or Declarations, such limits will be subject to the applicable project General Aggregate Limit. "property damage" arising out of your providing the professional services described above for or in S. For all sums which the insured becomes legally connection with construction work performed by you or obligated to pay as damages caused by on your behalf "occurrences" under Section I-Coverage A and However,this exception to the exclusion will not apply for all medical expenses caused by accidents if you are in the business or profession of providing the under Section I - Coverage , which cannot be professional services described above Independent attributed only to ongoing operations at a single project; from the construction work performed by you or on your behalf. 1 Any payments made under Coverage A for The insurance afforded by reason of this provision is damages or under Coverage C for medical excess over any other valid and collectible expenses shall reduce the amount available professional liability insurance (including any under the General Aggregate Limit or the deductible portion thereof) available to the Insured Products-Completed Operations Aggregate whether primary, excess, contingent or on any other Limit,whichever is applicable;and basis 2. Such payments shall not reduce any project General Aggregate Limit 4. GENERAL AGGREGATE LIMITS OF INSURANCE C. When coverage for liability arising out of the (PER PROJECT) "products-completed operations hazard" is provided, any payments for damages because of A. For all sums which the insured becomes legally 'bodily injury'or"property damage"Included In the obligated to pay as damages caused by "products-completed operations hazard" will "occurrences" under Section I - Coverage A,and reduce the Products-Completed Operations for all medical expenses caused by accidents Aggregate Limit, and not reduce the General under Section I - Coverage C, which can be Aggregate Limlt nor the project General Aggregate attributed only to ongoing operations at a single Limit. project; D. If the applicable project has been abandoned, 1. A separate General Aggregate Limit applies to delayed, or abandoned and then restarted, or if each project, and that Iimft is equal to the the authorized contracting parties deviate from amount of the General Aggregate Limit shown plans, blueprints, designs, specifications or In the Declarations timetables, the project will still be deemed to be 2. The project General Aggregate Limit is the the same project. most we will pay for the sum of all damages E. The provisions of Section III - Limits Of under Coverage A. except damages because Insurance not otherwise modified by this of "bodily injury" or "property damage" endorsement shall continue to apply as stipulated, included in the "products-completed This provision does not apply if the General Aggregate operations hazard", and for medical expenses Limit Per Project has been otherwise modified by under Coverage C regardless of the number endorsement. of; a. Insureds; 5. MOTOR VEHICLE LAWS b. Claims made or"suits"brought, or The following are added to Section IV - Commercial General Liability Conditions: c. Persons or organizations making claims 1. When this Coverage Part Is certified as proof of or bringing"suits". financial responsibility for the future under the 3. Any payments made under Coverage A for provisions of any motor vehicle financial damages or under Coverage C for medical responsibility law, the insurance provided by the expenses shall reduce the General Aggregate coverage part for Bodily Injury Liability or Property Limit for that project. Such payments shall not Damage Liablilty will comply with the provisions of reduce the General Aggregate Limit shown in the law to the extent of the coverage and limits of insurance required by that law. Page 2 of 5 Form HS 24 50 11 09 2. With respect to "mobile equipment" to which this B. The following exclusion is added to Coverage B- insurance applies, we will provide any liability, Personal and Advertising injury: uninsured motorists, underinsured motorists, no- 'Personal and advertising injury arising out of the fault or other coverages required by any motor rendering or failure to render professional health vehicle insurance law. We will provide the required care services as a physician, dentist, nurse, limits for those coverages. emergency medical technician or paramedic. 6. MEDICAL PAYMENTS COVERAGE — INCLUDING 9. BODILY INJURY EMPLOYEE SUITS PRODUCTS-COMPLETED OPERATIONS Paragraph Ca. of the Insuring Agreement — A. "Bodily injury" as listed in paragraph 2.a.(1) of Section II -Who Is An Insured, does not apply to Coverage C is replaced by the following: 2.a.(1)(a)through 2.a.(1)(c). 1. Insuring Agreement B. Part a. of Paragraph 4. Mobile Equipment in a. We will pay medical expenses as described Section 11-Who is An Insured does not apply, below for "bodily injury" caused by an C. Part a, of Paragraph S. Nonowned Watercraft in accident: Section If-Who Is An Insured does not apply. (1) On premises you own or rent; 10. LIMITED PRODUCTS-COMPLETED OPERATIONS (2) On ways next to premises you own or COVERAGE IN CONNECTION WITH A rent; CONSOLIDATED INSURANCE (WRAP-UP) (3) Because of your operations,or PROGRAM (4) Included within the definition of the The following exclusion is added to Section I "products-completed operations hazard," Coverage k provided that: Any injury or damage arising out of any operations (1) The accident takes place in the"coverage performed by you or on your behalf on or from all territory"and during the policy penod; premises which are subject to a consolidated insurance (wrap-up) program". This exclusion applies (2) The expenses are incurred and reported even if the policy covering such "consolidated to us within three years of the date of the insurance (wrap-up) program" is exhausted or accident; and provides coverage narrower in scope to that provided (3) The injured person submits to by this Coverage Part. examination, at our expense, by This exclusion does not apply to "bodily injury" or physicians of our choice as often as we "property damage" within the "products-completed reasonably require. operations hazard" if all coverage available to the 7. INSURED CONTRACT — CONSTRUCTION Insured for the "products-completed operations OPERATIONS AND MUNICIPAL WORK hazard" in a "consolidated insurance (wrap-up) Paragraph d. of the definition of"insured contract" in Program" or other similar insurance program is no longer in effect. Section V-Definitions is deleted and replaced by the following: However, coverage under this Coverage Part for such "bodily injury"or"property damage"will not be broader d. An obligation, as required by ordinance, to than that provided for the "products-completed indemnify a municipality operations hazard" by the "consolidated insurance 8. INJURY TO EMPLOYEE'S REPUTATION WITH (wrap-up)program"or other similar program. RESPECT TO INCIDENTAL MEDICAL For the MALPRACTICE purposes of this provision, "consolidated insurance (wrap-up) program" means any agreement A. The following Is added to paragraph 1.e. of the or arrangement under which all the contractors and Insuring Agreement—Coverage A: the owner working on a specified project are insured (3) With respect to incidental medical under one or more general liability policies Issued by a malpractice, bodily injury" includes damages specified carrier for injury or damage arising out of daimed for injury to emotions or reputation of operations concluded a connection with or necessary an "employee" arising out of the rendering or or incidental to the project failure to render professional health care This provision does not apply if the coverage in services as a physician, dentist, nurse, connection with a Consolidated Insurance (Wrap-Up) emergency medical technician or paramedic Program has been otherwise modified by services endorsement. Form HS 24 5011 09 Page 3 of 5 11. ELECTRONIC DATA LIABILITY 12. CONTRACTUAL LIABILITY COVERAGE FOR A. Exclusion p of Section I—Coverage A Is replaced PERSONAL AND ADVERTISING INJURY by the following A Exclusion e. of Section i - Coverage B — p. Electronic Data Personal And Advertising Injury Liability is Damages arising out of the loss of,loss of use replaced by the following: of, damage to, corruption of, inability to This insurance does not apply to: access, or inability to manipulate "electronic e. Contractual Liability data" that does not result from physical Injury "Personal and advertising injury"for which the to tangible property. Insured has assumed liability In a contract or B. The following paragraph is added to Section III— agreement.This exclusion does not apply to Limits of Insurance; liability for damages: Subject to Paragraph 5. Each Occurrence Limit, (1) That the insured would have in the the most we will pay under Coverage A for absence of the contract or agreement;or "property damage" because of all loss of (2) Assumed in a contract or agreement that "electronic data" arising out of any one is an "insured contract", provided the "occurrence"is$100,000, "personal and advertising injury" occurs C. The following definition is added to Section V - subsequent to the execution of the Definitions: contract or agreement. Solely for the "Electronic data" means information, facts or purposes of liability assumed in an programs: insured contract", reasonable attorney fees and necessary litigation expenses a. Stored as or on; incurred by or for a party other than an b. Created or used on;or insured are deemed to be damages c. Transmitted to or from; because of "personal and advertising computer software, (including systems and injury", provided• applications software) hard or Floppy disks, CD- (a) Liability to such party for, or for the ROMS, tapes, drives, cells, data processing cost of, that party's defense has also devices or any other media which are used with been assumed In the same "insured electronically controlled equipment. contract";and D. For the purposes of the coverage provided by this (b) Such attorney fees and litigation provision, the definition of "property damage" in expenses are for defense of that party Section V - Definitions is replaced by the against a civil or alternative dispute following: resolution proceeding in which damages to which this insurance "Property damage"means: applies are alleged. a. Physical injury to tangible property, including B. Subparagraph f. of the definition of "Insured all resulting loss of use of that property. All contract" (Section V— Definitions) is replaced by such loss of use shall be deemed to occur at the following: the time of the physical injury that caused it; f. That part of any other contract or agreement b. Loss of use of tangible property that is not physically injured.All such loss of use shall be pertaining to your business (including n deemed to occur at the time of the indemnification of a municipality in connection deemed that caused d wtth work performed for a municipality) under which you assume the tort liability of another c. Loss of, loss of use of, damage to, corruption party to pay for "bodily injury", "property of, inability to access, or inability to properly damage", or "personal and advertising injury" manipulate "electronic data", resulting from to a third person or organization, provided the physical injury to tangible property. All such "bodily injury","property damage", or"personal loss of "electronic data" shall be deemed to and advertising Injury" is caused, in whole or occur at the time of the "occurrence" that in part, by you or by those acting on your caused it behalf.Tort liability means a liability that would For the purposes of this insurance, "electronic be imposed by law in the absence of any data"Is not tangible property contract or agreement. This provision does not apply if exclusion p. Electronic Data has been otherwise modified by endorsement. Page 4 of 5 Form HS 24 50 11 09 Paragraph f. includes that part of any contract (b) Giving directions or instructions, or or agreement that indemnifies a railroad for failing to give them, if that is the "bodily injury°,"property damage",or"personal primary cause of the injury or and advertising injury" arising out of damage;or construction or demolition operations, within 50 feet of any railroad property and affecting (2) Under which the insured, If an for any railroad bridge or trestle, tracks, road- angInjury or damage ineer or r assumes arisngoutb1o�f the beds,tunnel, underpass or crossing. Insured's rendering or failure to render However, Paragraph f. does not include that professional services, including those part of any contract or agreement listed in (1) above and supervisory, (1) That indemnifies an architect, engineer or inspection, architectural or engineering surveyor for Injury or damage arising out activities. of: 13. SUPPLEMENTARY PAYMENTS (a) Preparing, approving, or failing to In the Supplementary Payments — Coverages A prepare or approve, maps, shop and B provision' drawings, opinions, reports, surveys, The limit for the cost of bail bonds In Increased to field orders, change orders or $2,500. drawings and specifications;or Form HS 24 50 11 09 Page 5 of 5 POLICY NUMBER: 52UUNUS5894 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (2) The "bodily injury" or"property damage" occurs the entire policy carefully to determine rights, duties and during the policy period,and what is and is not covered (3) Prior to the policy period, no insured listed Throughout this policy the words"you" and "your" refer to under Paragraph 1. of Section II — Who Is An the Named Insured shown in the Declarations, and any Insured and no"employee"authorized by you to other person or organization qualifying as a Named give or receive notice of an 'occurrence" or Insured under this policy The words"we", "us" and "our" claim, knew that the "bodily injury" or "property refer to the stock insurance company member of The damage" hoc] occurred, in whole or in part If Hartford providing this insurance such a listed insured or authorized "employee" The word "insured" means any person or organization knew, prior to the policy period, that the "bodily qualifying as such under Section II—Who Is An Insured injury" or "property damage" occurred, then any continuation, change or resumption of such Other words and phrases that appear in quotation marks "bodily injury" or "property damage" during or have special meaning Refer to Section V—Definitions after the policy period will be deemed to have SECTION I —COVERAGES been known prior to the policy period COVERAGE A BODILY INJURY AND PROPERTY c. "Bodily injury" or"property damage"will be deemed DAMAGE LIABILITY to have been known to have occurred at the 1. Insuring Agreement earliest time when any insured listed under a. We will pay those sums that the insured becomes Paragraph 1. of Section II — Who is An Insured or legally obligated to pay as damages because of any employee" authorized by you to give or "bodily injury" or "property damage" to which this receive notice of an "occurrence"or claim insurance applies We will have the right and duty (1) Reports all, or any part, of the "bodily injury" or to defend the insured against any "suit" seeking "property damage"to us or any other insurer, those damages However, we will have no duty to (2) Receives a written or verbal demand or claim defend the insured against any "suit" seeking for damages because of the "bodily injury" or damages for"bodily injury"or"property damage"to "property damage",or which this insurance does not apply We may, at (3) Becomes aware by any other means that our discretion, investigate any "occurrence" and "bodily injury" or "property damage" has settle any claim or"suit"that may result But occurred or has begun to occur (1) The amount we will pay for damages is limited d. Damages because of "bodily injury" include as described in Section III — Limits Of damages claimed by any person or organization for Insurance, and care, loss of services or death resulting at any time (2) Our right and duty to defend ends when we from the"bodily injury" have used up the applicable limit of insurance in e, Incidental Medical Malpractice the payment of Judgments or settlements under Coverages A or B or medical expenses under (1) "Bodily injury" arising out of the rendering of or Coverage C failure to render professional health care No other obligation or liability to pay sums or services as a physician, dentist, nurse, emergency medical technician or paramedic perform acts or services is covered unless explicitly shall be deemed to be caused by an provided for under Supplementary Payments — "occurrence", but only if Coverages A and B. b. This insurance applies to '"bodily injury" and (a) The physician, dentist, nurse, emergency "property damage" only if medical technician or paramedic is employed by you to provide such services, (1) The "bodily injury" or "property damage" is and caused by an "occurrence" that takes place in (b) You are not engaged in the business or the"coverage territory", occupation of providing such services HIS 00 0106 05 Page 1 of 18 (9 2005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc with its permission } (2) For the purpose of determining the limits of d. Workers'Compensation And Similar Laws insurance for incidental medical malpractice, Any obligation of the insured under a workers' any act or omission together with all related acts compensation, disability benefits or unemployment or omissions in the furnishing of these services compensation law or any similar law to any one person will be considered one "occurrence" a. Employer's Liability 2. Exclusions "Bodily injury"to This insurance does not apply to- (1) An "employee" of the insured arising out of and a. Expected Or Intended Injury in the course of "Bodily injury" or "property damage" expected or (a) Employment by the insured, or intended from the standpoint of the insured This (b) Performing duties related to the conduct of exclusion does not apply to "bodily injury" or the iinsured's business;or "property darnage" resulting from the use of (2) The spouse, child, parent, brother or sister of reasonable force to protect persons or property that "employee" as a consequence of b. Contractual Liability Paragraph (1)above. "Bodily injury" or "property damage" for which the This exclusion applies insured is obligated to pay damages by reason of (1) Whether the insured may be liable as an the assumption of liability in a contract or employer or in any other capacity, and agreement This exclusion does not apply to liability (2) To any obligation to share damages with or for damages repay someone else who must pay damages (1) That the insured would have in the absence of because of the injury the contract or agreement, or This exclusion does not apply to liability assumed (2) Assumed in a contract or agreement that is an by the insured under an "insured contract" "insured contract", provided the"bodily injury"or f. Pollution "property damage" occurs subsequent to the 1) "Bodily injury" orp" rope damage" arising out execution of the contract or agreement Solely ( for the purposes of liability assumed in an of the actual, alleged or threatened discharge, "insured contract", reasonable attorney fees and dispersal, seepage, migration, release or necessary litigation expenses incurred by or for escape of"pollutants" a party other than an insured are deemed to be (a) At or from any premises, site or location damages because of "bodily injury" or"property which is or was at any time owned or damage", provided occupied by, or rented or loaned to, any (a) Liability to such parry for, or for the cost of, insured However, this subparagraph does that party's defense has also been assumed not apply to in the same"insured contract", and (I) "Bodily injury" if sustained within a (b) Such attorney fees and litigation expenses building and caused by smoke, fumes, are for defense of that party against a civil or vapor or soot produced by or originating alternative dispute resolution proceeding in from equipment that IS used to heat, cool which damages to which this insurance or dehumidify the building, or equipment applies are alleged that is used to heat water for personal c. Liquor Liability use, by the building's occupants or their guests, "Bodily injury" or "property damage" for which any (it) "Bodily injury" or "property damage" for insured may be held liable by reason of which you may be held liable, if you are a (1) Causing or contributing to the intoxication of any contractor and the owner or lessee of person; such premises site or location has been (2) The furnishing of alcoholic beverages to a added to your policy as an additional person under the legal drinking age or under the insured with respect to your ongoing influence of alcohol, or operations performed for that additional insured at that premises, site or location (3) Any statute, ordinance or regulation relating to and such premises, site or location is not the sale, gift, distribution or use of alcoholic and never was owned or occupied by, or beverages rented or loaned to, any insured, other This exclusion applies only if you are in the than that additional insured, or business of manufacturing, distributing, selling, serving or furniShing alcoholic beverages. Page 2 of 18 HG 00 01 06 05 (Ili) "Bodily injury" or "property damage" (e) At or from any premises, site or locafion on arising out of heat, smoke or fumes from which any insured or any contractors or a"hostile fire"; subcontractors working directly or indirectly (b) At or from any premises, site or location on any insured's behalf are performing which is or was at any time used by or for operations if the operations are to test for, any insured or others for the handling, monitor, clean up, remove, contain, treat, storage, disposal, processing or treatment of detoxify or neutralize, or in any way respond waste, to,or assess the effects of,"pollutants" (c) Which are or were at any time transported, (2) Any loss, cost or expense arising out of any handled, stored, treated, disposed of, or (a) Request, demand, order or statutory or processed as waste by or for regulatory requirement that any insured or (I) Any insured; or others test for, monitor, clean up, remove, pQ Any person or organization for whom you contain, treat, detoxify or neutralize, or in may be legallyorgpnizati n any way respond to, or assess the effects of, "pollutants",or (d) At or from any premises, site or location on which any insured or any contractors or fb) Claim or suit by or on behalf of a subcontractors working directly or indirectly governmental authority for damages on any insured's behalf are performing because of testing for, monitoring, cleaning operations if the "pollutants" are brought on up, removing, citing, r treating, or to the premises site or location in responding to neutralizing, or in any way connection with such operations by such responding to, or assessing the effects of, insured, contractor or subcontractor "Pollutants" However, this subparagraph does not apply However, this paragraph does not apply to to: liability for damages because of "property {i) "Bodily injury" or "property damage" damage" that the insured would have in the arising out of the escape of fuels, absence of such request, demand, order or lubricants or other operating fluids which statutory regulatory requirement, or such claim or"suit"by or on behalf of a governmental are needed to perform the normal authority electrical, hydrauc or mechanical g Aircraft, Auto Or Watercraft functions necessary for the operation of "mobile equipment" or its parts, if such "Bodily injury" or "property damage" arising out of fuels, 0.ibncants or other operating fluids the ownership, maintenance, use or entrustment to escape from a vehicle part designed to others of any aircraft, "auto" or watercraft owned or hold, store or receive them This operated by or rented or loaned to any insured. Use exception does not apply if the "bodily includes operation and "loading or unloading" injury" or"property damage" arises out of This exclusion applies even if the claims against the intentional discharge, dispersal or any insured allege negligence or other wrongdoing release of the fuels, lubricants or other in the supervision, hiring, employment, training or operating fluids, or if such fuels, monitoring of others by that insured, if the lubricants or other operating fluids are "occurrence" which caused the "bodily injury" or brought on or to the premises, site or "property damage" involved the ownership, location with the intent that they be maintenance, use or entrustment to others of any discharged, dispersed or released as part aircraft, "auto" or watercraft that is owned or of the operations being performed by operated by or rented or loaned to any insured such insured, contractor or subcontractor; This exclusion does not apply to (ii) "Bodily injury" or "property damage' (1) A watercraft while ashore on premises you own sustained within a building and caused or rent, by the release of gases,fumes or vapors (2) A watercraft you do not own that is- from materials brought into that building (a) Less than 51 feet long, and in connection with operations being performed by you or on your behalf by a (b) Not being used to carry persons for a contractor or subcontractor, or charge, fill) "Bodily injury" or "property damage" (3) Parking an "auto" on, or the ways next to, arising out of heat, smoke or fumes from premises you own idiot provided the or is a "hostile fire";or not awned by or rented or loaned to you or the insured, HG 00 01 06 05 Page 3 of 18 (4) Liability assumed under any "insured contract" working directly or indirectly on your behalf are for the ownership, maintenance or use of performing operations, if the "property damage" aircraft or watercraft, arises out of those operations;or (5) "Bodily injury" or "property damage" arising out (6) That particular part of any property that must be of the operation of any of the equipment listed in restored, repaired or replaced because "your Paragraph f(2) or f(3) of the definition of work"was incorrectly performed on it "mobile equipment";or Paragraphs (1), (3) and (4) of this exclusion do not (6) An aircraft that is not owned by any insured and apply to"property damage" (other than damage by is hired, chartered or loaned with a paid crew fire) to premises, including the contents of such However, this exception does not apply if the premises, rented to you for a period of 7 or fewer insured has any other insurance for such "bodily consecutive days A separate limit of insurance injury" or "property damage", whether the other applies to Damage To Premises Rented To You as insurance is primary, excess, contingent or on described in Section III—Limits Of Insurance any other basis Paragraph (2)of this exclusion does not apply tithe h. Mobile Equipment premises are"your work"and were never occupied, "Bodily injury"or"property damage"arising out of rented or held for rental by you (1) The transportation of"mobile equipment" by an Paragraphs (3) and (4) of this exclusion do not "auto" owned or operated by or rented or loaned apply to `property damage" arising from the use of to any insured;or elevators (2) The use of "mobile equipment" in, or while in Paragraphs (3), (4), (5) and (6) of this exclusion do practice for, or while being prepared for, any not apply to liability assumed under a sidetrack prearranged racing, speed, demolition, or agreement stunting activity Paragraphs (3) and (4) of this exclusion do not i. War apply to "property damage" to borrowed equipment "Bodily injury" or property damage", however while not being used to perform operations at the ", Y j ry" job site caused, arising, directly or indirectly,out of (1) War, including undeclared or civil war, Paragraph (6) of this exclusion does not apply to 'property damage" included in the "products- (2) Warlike action by a military force, including completed operations hazard" action in hindering or defending against an k Damage To Your Product actual or expected attack, by any government, "Property damage"to"your product"arising out of it sovereign or other authonty using military personnel or other agents,or or any part of it (3) Insurrection, rebellion, revolution, usurped I. Damage To Your Work power, or action taken by governmental "Property damage"to"your work"ansing out of it or authority in hindering or defending against any any part of it and included in the "products- of these completed operations hazard" j Damage To Property This exclusion does not apply if the damaged work "Property damage"to or the work out of which the damage arises was 1 Property you own, rent,or g any performed on your behalf by a subcontractor O p or y occupy,nor any m. Damage To Impaired Property Or Property Not costs or expenses incurred by you, or any other person, organization or entity, for repair, physically Injured replacement, enhancement, restoration or "Property damage" to "impaired property" or maintenance of such property for any reason, property that has not been physically injured, Including prevention of injury to a person or arising out of damage to another's property, (1) A defect, deficiency, inadequacy or dangerous (2) Premises you sell, give away or abandon, If the condition in"Your product"or"your work", or "property damage" anses out of any part of (2) A delay or failure by you or anyone acting on those premises, your behalf to perform a contract or agreement (3) Property loaned to you; in accordance with its tennis (4) Personal property in the care, custody or control This exclusion does not apply to the loss of use of of the insured, other property arising out of sudden and accidental (5) That particular part of real property on which physical injury to "your product" or"your work" after you or any contractors or subcontractors it has been put to its intended use Page 4 of 18 FIG 00 01 06 05 n. Recall Of Products, Work Or Impaired kind to persons or property which would not Property have occurred in whole or in part but for the Damages claimed for any loss, cost or expense "asbestos hazard'; incurred by you or others for the loss of use, (b) Anse out of any request, demand, order or withdrawal, recall, inspection, repair, replacement, statutory or regulatory requirement that any adjustment, removal or disposal of insured or others test for, monitor, clean up, (1) "Your product", remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or (2) "Your work",or assess the effects of an "asbestos hazard", (3) "Impaired property", or if such product, work, or property is withdrawn or (c) Anse out of any claim or suit for damages recalled from the market or from use by any person because of testing for, monitoring, cleaning or organization because of a known or suspected up, removing, encapsulating, containing, defect, deficiency, inadequacy or dangerous treating, detoxifying or neutralizing or in any condition in it way responding to or assessing the effects o. Personal And Advertising injury of an"asbestos hazard"- "Bodily injury" arising out of "personal and Damage To Premises Rented To You — Exception advertising injury" For Damage By Fire, Lightning Or Explosion p. Electronic Data Exclusions c, through h and j. through n do not apply Damages arising out of the loss of, loss of use of, to damage by fire, lightning or explosion to premises damage to corruption of, loss y to access, or while rented to you or temporanly occupied by you with inability to manipulate electronic data permission of the owner A separate limit of insurance applies to this coverage as described in Section III — As used in this exclusion, electronic data means Limits Of Insurance information, facts or programs stored as or on, COVERAGE B PERSONAL AND ADVERTISING created or used on, or transmitted to or from INJURY LIABILITY computer software, including systems and 1 Insuring Agreement applications software, hard or floppy disks, CD- g g ROMS, tapes, drives, cells, data processing a. We will pay those sums that the insured becomes devices or any other media which are used with legally obligated to pay as damages because of electronically controlled equipment "personal and advertising injury" to which this q. Employment-Related Practices insurance applies. We will have the right and duty "Bodily injury"to to defend the insured against any "suit" seeking those damages However, we will have no duty to (1) A person arising out of any "employment— defend the insured against any "suit" seeking related practices",or damages for "personal and advertising injury" to (2) The spouse, child, parent, brother or sister of which this insurance does not apply We may, at that person as a consequence of "bodily injury" our discretion, investigate any offense and settle to that person at whom any "employment- any claim or "surf"that may result But- related practices"are directed (1) The amount we will pay for damages is limited This exclusion applies as described in Section lit — Limits Of (1) Whether the insured may be liable as an insurance, and employer or in any other capacity, and (2) Our right and duty to defend end when we have (2) To any obligation to share damages with or used up the applicable limit of insurance in the repay someone else who must pay damages payment of judgments or settlements under because of the injury Coverages A or B or medical expenses under Coverage C r. Asbestos No other obligation or liability to pay sums or (1) "Bodily injury" or"property damage" arising out perform acts or services is covered unless explicitly of the"asbestos hazard" provided for under Supplementary Payments — (2) Any damages, judgments, settlements, loss, Coverages A and B costs or expenses that b. This insurance applies to"personal and advertising (a) May be awarded or incurred by reason of injury" caused by an offense arising out of your any claim or suit alleging actual or business but only if the offense was committed in threatened injury or damage of any nature or the"coverage territory"during the policy period HG 00 01 06 05 Page 5 of 18 2. Exclusions (2) Slogan, unless the slogan is also a trademark, This insurance does not apply to: trade name, service mark or other designation a. Knowing Violation Of Rights Of Another of origin or authenticity,or "Personal and advertising injury" arising out of an (3) Title of any literary or artistic work Offense committed by, at the direction or with the j. Insureds In Media And Internet Type consent or acquiescence of the insured with the Businesses expectation of inflicting "personal and advertising "Personal and advertising injury" committed by an injury' insured whose business is: b. Material Published With Knowledge Of Falsity (1) Advertising, broadcasting, publishing or "Personal and advertising injury" arising out of oral, telecasting, written or electronic publication of material, if done (2) Designing or determining content of web sites by or at the direction of the insured with knowledge for others;or of its falsity (3) An hntemet search, access, content or service c Material Published Prior To Policy Period provider. "Personal and advertising injury" ansing out of oral, However, this exclusion does not apply to written or electronic publication of material whose Paragraphs 17 a , b. and c. of "personal and first publication took place before the beginning of advertising injury" under the Definitions Section the policy period For the purposes of this exclusion, placing an d. Criminal Acts "advertisement" for or linking to others on your web "Personal and advertising injury" arising out of a site, by itself, is not considered the business of criminal act committed by or at the direction of the advertising, broadcasting, publishing or telecasting insured k. Electronic Chatrooms Or Bulletin Boards e. Contractual Liability "Personal and advertising injury' arising out of an "Personal and advertising injury" for which the electronic chatroom or bulletin board the insured insured has assumed liability in a contract or hosts, owns, or over which the insured exercises agreement This exclusion does not apply to liability control for damages that the insured would have in the I. Unauthorized Use Of Another's Name Or absence of the contract or agreement Product f. Breach Of Contract "Personal and advertising injury" arising out of the "Personal and advertising injury' arising out of a unauthonzed use of another's name or product in breach of contract, except an implied contract to use your e-mail address, domain name or metatags, or another's"advertising idea"in your"advertisement" any other similar tactics to mislead another's potential customers g. Quality Or Performance Of Goads — Failure To m. Pollution Conform To Statements "Personal and advertising injury" arising out of the "Personal and advertising injury" arising out of the failure of goods, products or services to conform actual, alleged or threatened discharge, dispersal, with any statement of quality or performance made seepage, migration, release or escape of im your"advertisement" "pollutants"at any time h. Wrong Description Of Prices n. Pollution-Related "Personal and advertising injury" arising out of the Any loss, cost or expense arising out of any wrong description of the price of goods, products or (1) Request, demand, order or statutory or services regulatory requirement that any insured or I. Infringement Of Intellectual Property Rights others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any "Personal and advertising injury" ansing out of any way respond to, or assess the effects of, violation of any intellectual property rights such as "pollutants",or copyright, patent, trademark, trade name, trade (2) Claim or suit by or on behalf of a governmental secret, service mark or other designation of origin authority for damages because of testing for, or authenticity monitoring, cleaning rip, removing, containing, However, this exclusion does not apply to treating, detoxifying or neutralizing, or in any Infringement, in your"advertisement",of way responding to, or assessing the effects of, (1) copyright, "poliutants" Page 6 of 18 HG 00 01 06 05 o. War (2) The spouse, child, parent, brother or sister of "Personal and advertising injury", however caused, that person as a consequence of "personal and arising,directly or indirectly,out of advertising injury" to that person at whom any (1) War, including undeclared or civil war, "employment-related practices"are directed (2) Warlike action by a military force, including This exclusion applies- action in hindering or defending against an (1) Whether the insured may be liable as an actual or expected attack, by any government, employer or in any other capacity;and sovereign or other authority using military (2) To any obligation to share damages with or personnel or other agents,or repay someone else who must pay damages (3) Insurrection, rebellion, revolution, usurped power, because of the injury or action taken by governmental authority in v. Asbestos hindering or defending against any of these (1) "Personal and advertising injury" arising out of p. Internet Advertisements And Content Of Others the"asbestos hazard" "Personal and advertising injury" arising out of (2) Any damages, judgments, settlements, loss, (1) An"advertisement"for others on your web site, costs or expenses that (2) Placing a link to a web site of others on your (a) May be awarded or incurred by reason of web site, any claim or suit alleging actual of (3) Content, including information, sounds, text, threatened injury or damage of any nature or ot graphics, or images from a web site of others kind to persons or property which would displayed within a frame or border on your web have occurred �n whole or in part but for the " site,or asbestos hazard", (b) Anse out of any request, demand, order or (4) Computer code, software or programming used to enable statutory or regulatory requirement that any insured or others test for, monitor, clean up, (a) Your web site,or remove, encapsulate, contain, treat, detoxify (b) The presentation of, functionality of an or neutralize or in any way respond to or "advertisement" or other content on your assess the effects of an "asbestos hazard", web site or q. Right Of Privacy Created By Statute (c) Anse out of any claim or suit for damages "Personal and advertising injury" arising out of the because of testing for, monitoring, cleaning up, removing, encapsulating, containing, violation of a person's right of privacy created by treating, detoxifying or neutralizing or in any any state or federal act way responding to or assessing the effects However, this exclusion does not apply to liability of an"asbestos hazard"_ for damages that the insured would have in the COVERAGE C MEDICAL PAYMENTS absence of such state or federal act r. Violation Of Anti-Trust law 1 Insuring Agreement "Personal and advertising injury" arising out of a a. We will pay medical expenses as described below violation any anti-trust law for"bodily injury" caused by an accident, (1) On premises you own or rent, s. Securities "Personal and advertising injury' arising out of the (2) On ways next to premises you own or rent;or fluctuation in price or value of any stocks, bonds or (3) Because of your operations; other secunties provided that t. Discrimination Or Humiliation (1) The accident takes place in the "coverage "Personal and advertising injury" arising out of territory" and during the policy period, discrimination or humiliation committed by or at the (2) The expenses are incurred and reported to us direction of any "executive officer', director, within three years of the date of the accident, stockholder, partner or member of the insured, and u. Employment-Related Practices (3) The injured person submits to examination, at "Personal and advertising injury"to. our expense, by physicians of our choice as (1) A person ansing out of any "employment— often as we reasonably require related practices", or HG 00 01 06 05 Page 7 of 18 b. We will make these payments regardless of fault. e. All costs taxed against the insured in the"suit' These payments will not exceed the applicable limit f. Prejudgment interest awarded against the insured of insurance We will pay reasonable expenses for on that part of the judgment we pay If we make an (1) First aid administered at the time of an accident; offer to pay the applicable limit of insurance, we will (2) Necessary medical, surgical, x-ray and dental not pay any prejudgment interest based on that services,including prosthetic devices;and period of time after the offer (3) Necessary ambulance, hospital, professional g. All interest on the full amount of any judgment that nursing and funeral services. accrues after entry of the judgment and before we 2. Exclusions have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable We will not pay expenses for"bodily injury", limit of insurance a. Any Insured These payments will not reduce the limits of insurance To any insured, except"volunteer workers"_ 2. If we defend an insured against a "suit" and an b. Hired Person indemnitee of the insured is also named as a party to To a person hired to do work for or on behalf of any the "suit", we will defend that indemnitee if all of the following conditions are met insured or a tenant of any insured c. Injury On Normally Occupied Premises a. The he nst the indemnitee seeks damages for whichhick the insured has assumed the liability of To a person injured on that part of premises you the indemnitee in a contract or agreement that is an own or rent that the person nomnally occupies "insured contract", d. Workers Compensation And Similar Laws b. This insurance applies to such liability assumed by To a person, whether or not an "employee" of arty the insured, insured, if benefits for the "bodily injury' are payable c. The obligation to defend, or the cost of the defense or must be provided under a workers compensation of, that indemnitee, has also been assumed by the or disability benefits law or a similar law insured in the same"insured contract", e. Athletics Activities d. The allegations in the "suit" and the information we To a person injured while practicing, instructing or know about the "occurrence" are such that no participating in any physical exercises or games, conflict appears to exist between the interests of sports, or athletic contests the insured and the interests of the indemnitee, f. Products-Completed Operations Hazard e. The indemnitee and the Insured ask Lis to conduct Included within the "products-completed operations and control the defense of that indemnitee against hazard"_ such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; g. Coverage A Exclusions and Excluded under Coverage A f. The indemnitee SUPPLEMENTARY PAYMENTS — COVERAGES (1) Agrees in writing to A AND B (a) Cooperate with us in the investigation, 1. We will pay,with respect to any claim we investigate or settlement or defense of the"suit", settle, or any"suit"against an insured we defend (b) Immediately send us copies of any a. All expenses we incur demands, notices, summonses or legal b. Up to $1,000 for cost of bail bonds required papers received in connection with the"suit", because of accidents or traffic law violations arising (c) Notify any other insurer whose coverage is out of the use of any vehicle to which the Bodily available to the indemmnitee, and Injury Liability Coverage applies We do not have (d) Cooperate with us with respect to to furnish these bonds coordinating other applicable insurance c. The cost of appeal bonds or bonds to release available to the indemnitee, and attachments, but only for bond amounts within the (2) provides us with written authorization to_ applicable limit of insurance We do not have to furnish these bonds (a) Obtain records and other Imformaton related d. All reasonable expenses incurred by the insured at to the"suit", and our request to assist us in the investigation or (b) Conduct and control the defense of the defense of the claim or "Suit", Including actual loss indemnitee in such "suit" of earnings up to $500 a day because of time off So long as the above conditions are met, attorneys' from work fees incurred by us in the defense of that indemnitee, Page 8 of 18 HG 00 0106 06 necessary litigation expenses incurred by us and However, none of these n employeesw or "volunteer necessary litigation expenses incurred by the workers" are insureds for indemnitee at our request will be paid as (1) "Bodily injury" or "personal and advertising Supplementary Payments Notwithstanding the injury" provisions of Paragraph 2 b (2) of Section I — Coverage A — Bodily Injury And Property Damage (a) To you, to your partners or members (if you Liability, such payments will not be deemed to be are a partnership or joint venture), to your damages for"bodily injury"and "property damage"and members (if you are a limited liability will not reduce the limits of insurance company), to a co-"employee" while in the course of his or her employment or Our obligation to defend an insured's indemnitee and performing duties related to the conduct of to pay for attorneys' fees and necessary litigation your business, or to your other "volunteer expenses as Supplementary Payments ends when workers" while performing duties related to a We have used up the applicable limit of Insurance the conduct of your business, in the payment of judgments or settlements, or (b) To the spouse, child,parent,brother or sister b. The conditions set forth above, or the terms of the of that co"employee'" or that "volunteer agreement described in Paragraph f above, are no worker' as a consequence of Paragraph longer met (1)(a) above, SECTION II—WHO IS AN INSURED (c) For which there is any obligation to share 1. If you are designated in the Declarations as- damages with or repay someone else who a An individual, you and your spouse are insureds, must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; but only with respect to the conduct of a business or of which you are the sole owner b. A partnership or joint venture, you are an insured. (d) Arising put his or her providing r fading to Your members, your partners, and their spouses provide professional health care services are also insureds, but only with respect to the If you are not in the business of providing conduct Of your business professional health care services, Paragraph (d) C. A limited liability company, you are an insured. does not apply to any nurse, emergency Your members are also insureds, but onlywith you to technician or paramedic employed by you to provide such services respect to the conduct of your business Your managers are insureds, but only with respect to (2) "Property damage"to property. their duties as your managers (a) Owned, occupied or used by, d. An organization other than a partnership, joint (b) Rented to, in the care, custody or control of, venture or limited liability company, you are an or over which physical control is being insured Your "executive officers" and directors are exercised for any purpose by insureds, but only with respect to their duties as you, Orly of your "employees", "volunteer Your officers or directors Your stockholders are workers", any partner or member (if you are a also insureds, but only with respect to their liability partnership or joint venture), or any member (if as stockholders you are a limited liability company) e A trust, you are an insured Your trustees are also b. Real Estate Manager insureds, but only with respect to their duties as trustees Any person (other than your "employee" or 2. Each of the following is also an insured- "volunteer worker"), or any organization while acting as your real estate manager a Employees and Volunteer workers c. Temporary Custodians of Your Property Your 'Volunteer workers" only while performing Any person or organization having proper duties related to the conduct of your business, or temporary custody of your property if you die, but Your °employees", other than either your"executive Only officers" (if you are an organization other than a (1) With respect to liability arising out of the partnership, joint venture or limited liability company) or your managers (if you are a limited maintenance or use of that property:and liability company), but only for acts within the scope (2) Until your legal representative has been of their employment by you or while performing appointed duties related to the conduct of your business d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such_ That representative will HG 00 01 06 05 Page 9 of 18 have all your rights and duties under this Coverage 6. Nonowned Watercraft Part With respect to watercraft you do not own that is less e. Unnamed Subsidiary than 51 feet long and is not being used to carry Any subsidiary, and subsidiary thereof, of yours persons for a charge, any person is an insured while which is a legally incorporated entity of which you operating such watercraft with your permission Any own a financial interest of more than 50% of the other person or organization responsible for the voting stock on the effective date of the Coverage conduct of such person is also an insured, but only Part. with respect to liability arising out of the operation of The insurance afforded herein far any subsidiary the watercraft, and only if no other insurance of any kind is available to that person or organization for this not named in this Coverage Part as a named liability insured does not apply to injury or damage with respect to which an insured finder this Coverage However, no person or organization is an insured with Part is also an insured under another policy or respect to would be an insured under such policy but for its a. "Bodily injury" to a co-"employee" of the person termination or the exhaustion of its limits of operating the watercraft, or insurance b. "Property damage"to property owned by,rented to, 3. Newly Acquired or Formed Organization in the charge of or occupied by you or the employer Any organization you newly acquire or form,other than of any person who is an insured under this a partnership,joint venture or limited liability company, provision and over which you maintain financial interest of more Additional Insureds When Required By Written than 50% of the voting stock, will qualify as a Named Contract,Written Agreement Or Permit insured if there is no other similar insurance available The following person(s) or organizations) are an to that organization However additional insured when you have agreed, in a written a. Coverage under this provision is afforded only until contract, written agreement or because of a pen-nit the 180th day after you acquire or form the issued by a state or political subdivision, that such organization or the end of the policy period, person or organization be added as an additional whichever is earlier, insured on your policy, provided the injury or damage b. Coverage A does not apply to "bodily injury" or occurs subsequent to the execution of the contract or "property damage" that occurred before you agreement acquired or formed the organization, and A person or organization is an additional insured under c. Coverage B does not apply to "personal and this provision only for that period of time required by advertising injury" arising out of an offense the contract or agreement committed before you acquired or formed the However, no such person or organization is an insured organization under this provision if such person or organization is 4. Mobile Equipment included as an insured by an endorsement issued by With respect to "mobile equipment" registered in your us and made a part of this Coverage Part name under any motor vehicle registration law, any a Vendors person is an insured while driving such equipment Any person(s) or organization(s) (referred to below along a public highway with your permission Any other as vendor), but only with respect to "bodily injury" person or organization responsible for the conduct of or "property damage" ansing out of"your products" such person is also an insured, but only with respect to which are distributed or sold in the regular course liability arising out of the operation of the equipment, of the vendors business and only if this Coverage and only if no other insurance of any kind is available Part provides coverage for "bodily injury' or to that person or organization for this liability However, "property damage" included within the "products- no person or organization is an insured with respect to completed operations hazard" a. "Bodily injury" to a co-"employee" of the person (1) The insurance afforded the vendor is subject to driving the equipment, or the following addition:nl exclusions b. "Property damage"to property owned by, rented to, This insurance does not apply to in the charge of or occupied by you or the employer (a) "Bodily injury" or "property damage" for of any person who is an insured under this which the vendor is obligated to pay provision damages by reason of the assumption of liability in a contract or agreement This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement, Page 10 of 18 HIS 00 01 06 05 (b) Any express warranty unauthorized by you; c. Lessors of land or Prennfses (c) Any physical or chemical change in the Any person or organization from whom you tease product made rntenUonally by the vendor, land or premises, but only with respect to liability (d) Repackaging, except when unpacked solely ansing out of the ownership, maintenance or use of for the purpose of inspection, demonstration, that part of the land or premises leased to you testing, or the substitution of parts under With respect to the insurance afforded these instructions from the manufacturer, and then additional insureds the following additional repackaged in the onginal container, exclusions apply (e) Any failure to make such inspections, This insurance does not apply to adjustments,tests or servicing as the vendor 1. Any "occurrence" which takes place after you has agreed to make or normally undertakes cease to lease that land, or to make in the usual course of business, in 2. Structural alterations, now construction of connection with the distribution or sale of the products, demolition operations performed by or on behalf {f} Demonstration, installation, servicing or of such person or organization_ repair operations, except such operations d. Architects, Engineers or Surveyors performed at the vendor's premises in Any architect, engineer, or surveyor, but only with connection with the sale of the product, respect to liability for "bodily injury", "property (g) Products which, after distribution or sale by damage" or "personal and advertising injury" you, have been labeled or relabeled or used caused, in whole or in part, by your acts or as a container part or ingredient of any omissions or the acts or omissions of those acting other thing or substance by or for the on your behalf vendor,or (1) In connection with your premises,or (h) "Bodily injury" or "property damage" arising (2) In the performance of your ongoing operations out of the sole negligence of the vendor for performed by you or on your behalf. its own acts or omissions or those of its With respect to the insurance afforded these employees or anyone else acting on its additional insureds, the following additional behalf However, this exclusion does not exclusion applies apply to This insurance does not apply to "bodily injury", (I)The exceptions contained in Sub- "property damage" or "personal and advertising paragraphs (d)or(f),or injury" arising Out of the rendering of or the failure (ii) Such inspections, adjustments, tests or to render any professional services by or for you, servicing as the vendor has agreed to including make or normally undertakes to make in 1. The preparing, approving, or failing to prepare the usual course of business, in or approve, maps, shop drawings, opinions, connection with the distribution or sale of reports, surveys, field orders, change orders or the products drawings and specifcations, or (2) This insurance does not apply to any insured 2. Supervisory, inspection, architectural or person or organization, from whom you have engineering activities acquired such products, or any ingredient, part e. Permits Issued By State Or Political or container, entering into, accompanying or containing such products Subdivisions b. Lessors of Equipment Any state or political subdivision, but only with respect to operations performed by you or on your (1) Any person or organization from whom you behalf for which the state or political subdivision lease equipment, but only with respect to their has issued a permit Iiabiliry for "bodily injury", "property damage" or With respect to the insurance afforded these whale or in part, byy Your"personal and advertising maintenance, operation mg injury" caused, in additional insureds, this insurance does not apply or use of equipment leased to you by such to. person or organization (1) "Bodily injury" "property damage" or "personal (2) With respect to the insurance afforded to these and advertising injury" arising Out of operations additional insureds this insurance does not performed for the state or municipality, or apply to any "occurrence' which takes place (2) "Bodily injury" or "property damage" included after the equipment lease expires within the "products-completed operations hazard" HG 00 01 06 05 Page 11 of 18 f. Any Other Party c. Persons or organizations making claims or bringing Any other person or organization who is not an '"suits" insured under Paragraphs a. through a above, but 2. General Aggregate Limit only with respect to liability for "bodily injury", The General Aggregate Limit is the most we will pay "property damage" or "personal and advertising for the sum of injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting a. Medical expenses under Coverage C; on your behalf b. Damages under Coverage A, except damages (1) In the performance of your ongoing operations, because of "bodily injury" or "property damage" included in the "products-completed operations (2) In connection with your premises owned by or hazard", and rented to you, or c. Damages under Coverage B. (3) In connection with "your work" and included 3. Products-Completed Operations Aggregate Limit within the "products-completed operations hazard",but only if The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages (a) The written contract or agreement requires you to provide such coverage to such because of "bodily injury" and "property damage" additional insured;and included in the "products-completed operations (b) This Coverage Part provides coverage for hazard" "bodily injury" or"property damage" included 4. Personal and Advertising Injury Limit within the "products-completed operations Subject to 2. above, the Personal and Advertising hazard" Injury Limit is the most we will pay under Coverage B With respect to the insurance afforded to these for the sum of all damages because of all "personal additional insureds, this insurance does not apply and advertising injury" sustained by any one person or to organization "Bodily injury", "property damage" or"personal and 5. Each Occurrence Limit advertising injury" arising out of the rendering of, or Subject to 2.or 3 above, whichever applies, the Each the failure to render, any professional architectural, Occurrence Limit is the most we will pay for the sum engineering or surveying services, including of (1) The preparing, approving, or failing to prepare a. Damages under Coverage A;and or approve, maps, shop drawings, opinions, b Medical expenses under Coverage C reports, surveys, field orders, change orders or because of all "bodily injury" and "property damage" drawings and specifications, or arising out of any one"occurrence" (2) Supervisory, inspection, architectural or 6 Damage To Premises Rented To You Limit engineering activities Subject to 5 above, the Damage To Premises Rented The limits of insurance that apply to additional insureds To You Limit is the most we will pay under Coverage A under this provision is described in Section IIi — Limits for damages because of"property damage"to any one Of Insurance premises, while rented to you, or in the case of How this insurance applies when other insurance is damage by fire, lightning or explosion, while rented to available to the additional insured is described in the you or temporarily occupied by you with permission of Other Insurance Condition in Section IV— Commercial the owner General Liability Conditions In the case of damage by fire, lightning or explosion, No person or organization is an insured with respect to the the Damage to Premises Rented To You Limit applies conduct of any current or past partnership,joint venture or to all damage proximately caused by the same event, limited liability company that is not shown as a Named whether such damage results from fire, lightning or Insured in the Declarations explosion or any combination of these SECTION III—LIMITS OF INSURANCE 7, Medical Expense Limit 1. The Most We will Pay Subject to 5 above, the Medical Expense Limit is the The Limits of Insurance shown in the Declarations and most we will pay under Coverage C for all medical the rules below fix the most we will pay regardless of expenses because of "bodily Injury" sustained by any the number of one person a. Insureds, 8. How Limits Apply To Additional Insureds b. Claims made or"suits"brought;or If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 0106 06 added as an additional insured on your policy, the (3) Cooperate with us in the investigation or most we will pay on behalf of such additional insured is settlement of the claim or defense against the the lesser of "suit", and a The limits of insurance specified in the written (4) Assist us, upon our request, in the enforcement of contract or written agreement;or any right against any person or organization which b. The Limits of insurance shown in the Declarations_ may be liable to the insured because of injury or Such amount shall be a part of and not in addition to damage to which this insurance may also apply Limits of Insurance shown in the Declarations and d. Obligations At The Insureds Own Cost described in this Section No insured will, except at that insured's own cost, The Limits of Insurance of this Coverage Part apply voluntarily make a payment, assume any separately to each consecutive annual period and to any obligation, or incur any expense, other than for first remaining period of less than 12 months starting with the aid,without our consent beginning of the policy period shown in the Declarations, e. Additional Insureds Other Insurance unless the policy period is extended after issuance for an If we cover a claim or "suit' under this Coverage additional period of less than 12 months In that case, the Part that may also be covered by other insurance additional period will be deemed part of the last preceding available to in additional insured, such additional period for purposes of determining the Limits of Insurance insured must submit such claim or "Suit" to the SECTION IV — COMMERCIAL GENERAL LIABILITY other insurer for defense and indemnity. CONDITIONS However, this provision does not apply to the 1. Bankruptcy extent that you have agreed in a written contract or Bankruptcy or insolvency of the insured or of the wntten agreement that this insurance is primary insured's estate will not relieve us of our obligations and non-contnbutory with the additional insured's under this Coverage Part awn insurance. 2. Duties In The Event Of Occurrence, Offense, Claim It. Knowledge Of An Occurrence, Offense, Claim Or Suit Or Suit a. Notice Of Occurrence Or Offense Paragraphs a. and b apply to you or to any You or any additional insured must see to it that we additional insured only when such "occurrence", offense, claim or"suit" is known to are notified as soon as practicable of an "occurrence" or an offense which may result in a (1) You or any additional insured that is an claim To the extent possible, notice should include individual, (1) How, when and where the "occurrence" or (2) Any partner, if you or an additional insured is a offense took place, partnership; (2) The names and addresses of any injured (3) Any manager, if you or an additional insured is a persons and witnesses and limited liability company, (3) The nature and location of any injury or damage (4) Any "executive officer"or insurance manager, if anking out of the"occurrence"or offense you or an additional insured is a corporation; b. Notice Of Claim (5) Any trustee, if you or an additional insured is a If a claim is made or "sure' is brought against any trust,or insured, you or any additional insured must (6) Any elected or appointed official, if you or an (1) Immediately record the specifics of the claim or additional insured is a political subdivision or "spit"and the date received, and public entity This duty applies separately to you and any additional {2) Notify us as soon as practicable insured You or any additional insured must see to it that we 3. Legal Action Against Us receive written notice of the claim or "suit" as soon as practicable No person or organization has a right under this c Assistance And Cooperation Of The Insured Coverage Part. You and any other involved insured must a. To loin us as a party or otherwise bring us into a "suit"asking for damages from an insured, or (1) Immediately send us copies of any demands, b. To sue us on this Coverage Part unless all of its notices summonses or legal papers received in terms have been fully complied with connection with the clamr or"suit', (2) Authorize us to obtain records and other A person organization may sue us recover an information, agreed settlement or on a final judgment againstst an insured, but we will not be liable lot damages that are not payable under the temps of this Coverage Part or HG 00 01 06 05 Page 13 of 18 that are in excess of the applicable limit of insurance. (7) When You Add Others As An Additional An agreed settlement means a settlement and release Insured To This Insurance of liability signed by us,the insured and the claimant or Any other insurance available to an additional the claimant's legal representative insured 4. Other Insurance However, the following provisions apply to other If other valid and collectible insurance is available to insurance available to any person or the insured for a loss we cover under Coverages A or organization who is an additional insured under B of this Coverage Part, our obligations are limited as this coverage part follows (a) Primary Insurance When Required By a. Primary Insurance Contract This insurance is primary except when b. below This insurance is primary if you have agreed applies If other insurance is also primary, we will in a written contract or written agreement share with all that other insurance by the method that this insurance be primary If other described in c, below insurance is also primary, we will share with b. Excess Insurance all that other insurance by the method described in c. below This insurance is excess over any of the other insurance, whether primary, excess, contingent or (b) Primary And n Required -Contributory nt Other on any other basis insurance When Required 8y Contract (1) Your Work If you have agreed in a written contract, That is Fire, Extended Coverage,Builder's Risk, written agreement, or permit that this insurance d primary and nann insurance, Installation Risk or similar coverage for "your with the additional insured's own nsurance, work"; this insurance is primary and we will not (2) Premises Rented To You seek contribution from that other insurance That is fire, lightning or explosion insurance for paragraphs (a) and (b) do not apply to other premises rented to you or temporarily occupied insurance to which the additional insured has by you with permission of the owner, been added as an additional insured (3) Tenant Liability When this insurance is excess, we will have no That is insurance purchased by you to cover duty under Coverages A or B to defend the insured your liability as a tenant for "property damage" against any "suit' if any other insurer has a duty to to premises rented to you or temporarily defend the insured against that "suit' If no other occupied by you with permission of the owner, insurer defends, we will undertake to do so, but we will be entitled to the €nsured's rights against all (4) Aircraft, Auto Or Watercraft those other insurers If the loss arises Out of the maintenance or use When this insurance is excess over other of aircraft, "autos"or watercraft to the extent not insurance, we will pay only our share of the amount subject to Exclusion g of Section I — Coverage of the loss, if any, that exceeds the sum of A—Bodily Injury And Property Damage Liability, (1) The total amount that all such other insurance (5) Property Damage to Borrowed Equipment Or world pay for the loss in the absence of this Use Of Elevators insurance, and If the loss arises out of "property damage" to (2) The total of all deductible and self-insured borrowed equipment or the use of elevators to amounts under all that other insurance the extent not subject to Exclusion j of Section - Coverage A - Bodily Injury And Property We will share the remaining loss, any, with any Damage Liability, other insurance that is is not t described in this Excess Insurance provision and was not bought specifically (6) When You Are Added As An Additional to apply in excess Of the Limas of Insurance shown insured To Other Insurance in the Declarations of this Coverage Part Any other insurance available to you covering c. Method Of Sharing liability for damages ansing Out of the premises If all of the other insurance permits contribution by or operations, or products and completed equal shares, we wO follow this method also Under opeiat[ons, for which you have been added as this approach each insurer contributes equal an additional insured by that insurance, or amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first Page 14 of 18 HG 00 01 06 05 If any of the other insurance does not permit insured will bring"suitt' or transfer those rights to us contribution by equal shares, we will contribute by and help us enforce them limits Under this method, each insurer's share is Rights Of Recovery b. Waiver Of based on the ratio of its applicable limit of ry (Waiver Of Subrogation) insurance to the total applicable limits of insurance of all insurers if the insured has waived any rights of recovery 5 Premium Audit against any person or organization for all or part of any payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Part, we also Part in accordance with our rules and rates waive that right, provided the insured waived their b. Premium shown in this Coverage Part as advance rights of recovery against such person or premium is a deposit premium only At the close of organization in a contract, agreement or permit that each audit period we will compute the earned was executed prior to the injury or damage premium for that period and send notice to the first 9. When We Do Not Renew Named insured The due date for audit and It we decide not to renew this Coverage Part, we wilt retrospective premiums is the date shown as the mad or deliver to the first Named Insured shown in the due date on the bill If the sum of the advance and Declarations written notice of the nonrenewal not less audit premiums paid for the policy period is greater than 30 days before the expiration date than the earned premium, we will return the excess to the first Named Insured If notice is marled, proof of mailing will be sufficient proof of notice C. The first Named Insured must keep records of the SECTION V—DEFINITIONS information we need for premium computation, and send us copies at such times as we may request 1 "Advertisement" means the widespread public 6. Representations dissemination of information or images that has the a When You Accept This Policy purpose of inducing the sale of goods, products or services through By accepting this policy, you agree a (1) Radio; (1) The statements in the Declarations are accurate (2) Television, and complete, (3) Billboard, (2) Those statements are based upon representations you made to us, and (4) Magazine, (3) We have issued this policy in reliance upon your (5) Newspaper,or representations b. Any other publication that is given widespread b. Unintentional Failure To Disclose Hazards public distribution If unintentionally you should fait to disclose all However, "adverbsemenr does not include hazards relating to the conduct of your business a. The design, printed material, information or images that exist at the inception date of this Coverage contained in, on or upon the packaging or labeling Part, we shall not deny coverage under this of any goods or products,or Coverage Part because of such failure b. An interactive conversation between or among 7. Separation Of Insureds persons through a computer network Except with respect to the Limits of Insurance,and any 2. "Advertising idea" means any idea for an rights or duties specifically assigned in this Coverage "advertisement"'. Part to the first Named Insured,this insurance applies- 3. "Asbestos hazard" means an exposure or threat of a. As if each Named Insured were the only Named exposure to -,he actual or alleged properties of Insured,and asbestos and includes the mere presence of asbestos b. Separately to each insured against whom claim is in any form- made or"suit" is brought 4. "Auto"means a land motor vehicle, trader or semitrailer 8 Transfer Of Rights Of Recovery Against Others To designed for travel on public roads, including any Us attached machinery or equipment But "auto" does not include"mobile equipment"- dily in a. Transfer of Rights Of Recovery 5. "Bodily means physical If the insured has rights to recover all or part of any a dilyInju in payment, including Supplementary Payments, we have made Linder this Coverage Part, those rights b. Sickness;or are transferred to us The insured must do nothing c. Disease after loss to impair them At Our request, the sustained by a person and, if arising out of the above, mental anguish of death at any time HG 00 01 06 05 Page 15 of 18 6. "Coverage territory" means rented to you or temporarily occupied by you with a The United States of America (including its territories permission of the owner is subject to the damage and possessions), Puerto Rico and Canada, to Premises Rented To You Limit described in b International waters or airspace, but only if the Section III—Limits of Insurance; injury or damage occurs in the course of travel or b. A sidetrack agreement, transportation between any places included in a. c. Any easement or license agreement, including an above, or easement or license agreement in connection with C. All other parts of the world if the injury or damage construction or demolition operations on or within arises out of 50 feet of a railroad, (1) Goods or products made or sold by you in the d. An obligation, as required by ordinance, to territory described in a above, indemnify a municipality, except in connection with work for a municipality; (2) The oryactivities desc b d person whose horns is in the e An elevator maintenance agreement; territory described in a above, but is away for a short time on your business, or f. That part of any other contract or agreement (3) "Personal and advertising injury" offenses that pertaining to your business (including an take place through the Internet or similar indemnification of a municipality in connection with electronic means of communication work performed for a municipality) under which you video the insured's responsibility to damages is assume the tort liability of another party to pay for Pro p° t Pat 9 "bodily injury" or "property damage" to a third determined in the United States of America (Including its person or organization, provided the "bodily injury" temtones and possessions), Puerto Rico or Canada, in a or"properly damage" is caused, in whole or in part, "suit' on the ments according to the substantive law in by you or by those acting on your behalf Tort such temtory or in a settlement we agree to liability means a liability that would be imposed by 7. "Employee" Includes a "leased worker". "Employee" law in the absence of any contract or agreement does not include a"temporary worker" Paragi aph f. includes that part of any contract or 8. "Employment-Related Practices"means: agreement that indemnifies a railroad for "bodily a. Refusal to employ a person, injury" or "property damage" ansing out of b. Termination of a persons employment;or construction or demolition operations,within 50 feet of any railroad property and affecting any railroad c. Employment-related practices, policies, acts or bridge or trestle, tracks, road-beds, tunnel, omissions, such as coercion, demotion, evaluation, underpass or crossing reassignment, discipline, defamation, harassment, However, Paragraph f does not include that part of humiliation or discrimination directed at a person any contract or agreement 9. "Executive officer' means a person holding any of the (1) That indemnifies an architect, engineer or officer positions created by your charter, constitution, surveyor for injury or damage arising out of by-laws or any other similar governing document 10."Hostile fire" means one which becomes uncontrollable {aj Preparing, approving, or fading to prepare or breaks out from where it was intended to be approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders 11 "Impaired property" means tangible property, other or drawings and specifications, or than "your product"or"your work",that cannot be used (b) Giving directions or Instruct Otis, or fading to or Is less useful because- give them, if that is the primary cause of the a It incorporates "your product`or"your work" that is injury or damage, or knnjvn or thought to be defective, deficient, (2) Under which the Insured, if an architect, engineer inadeclUate or dangerous, or or surveyor assumes Imbijity for an injury or b. You have failed to fulfill the terms of a contract or damage arising out of the insured's rendering or agreement, failure to render professional services, including if such property can be restored to use by. those listed in (1) above and supervisory, a. The repair, replacement, adjustment or removal of inspection, architectural or engineering activities "your product" or"your work", or 13."Leased worker" means a person leased to you by a b Your fulfillumg the terms of the contract or agreement labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to 12."Insured contract"means the conduct of your business "Leased worker" does a. A contract for a lease of premises However, that not Include a "temporary worker' portion of the contract for a lease of premises that 14."Loading or unloading"means the handling of property: indenmrfies any person or organization for damage a. After it is moved from the place where it is accepted by fire, lightning or explosion to premises while for movement into or onto an aircraft, watercraft or "auto", Page 16 of 18 HG 00 0106 05 b. While it is in or on an aircraft, watercraft or"auto", 16."Occurrence" means an accident, including continuous or or repeated exposure to substantially the same general c. While it is being moved from an aircraft, watercraft harmful conditions or"auto"to the place where it is finally delivered, 17."Personal and advertising injury" means injury, but "loading or unloading" does not include the including consequential "bodily injury", ansrng out of movement of property by means of a mechanical one or more of the following offenses device, other than a hand truck, that is not attached to a. False arrest, detention or imprisonment, the aircraft,watercraft or"auto" b Malicious prosecution; 15 "Mobile equipment" means any of the following types c. The wrongful eviction from, wrongful entry into, or of land vehicles, including any attached machinery or invasion of the right of private occupancy of a room, equipment dwelling or premises that a person occupies, a. Bulldozers, farm machinery, forklifts and other committed by or on behalf of its owner, landlord or vehicles designed for use principally off public lessor, roads; d. Oral, written or electronic publication of material b. Vehicles maintained for use solely on or next to that slanders or libels a person or organization or premises you own or rent; disparages a person's or organization's goods, c. Vehicles that travel on crawlertreads; products or services, d. Vehicles, whether self-propelled or not, maintained e. Oran, written or electronic publication of material primarily to provide mobility to permanently that violates a person's right of privacy; mounted f. Copying, in your "advertisement", a person's or (1) Power cranes shovels, loaders diggers or organization's "advertising idea" or style of dnlls;or "advertisement"; (2) Road construction or resurfacing equipment g. Infringement of copyright, slogan, or title of any such as graders, scrapers or rollers, literary or artistic work,in your"advertisement", or e. Vehicles not described in a , b , c or d above that h. Discrimination or humiliation that results in injury to are not self-propelled and are maintained primarily the feelings or reputation of a natural person to provide mobility to permanently attached 18."P011utants" mean any solid, liquid, gaseous or thermal equipment of the following types imtant or contaminant, including smoke, vapor, soot, (1) Air compressors, pumps and generators, fumes, acids, alkalis, chemicals and waste Waste including spraying, welding, building clearing, includes materials to be recycled, reconditioned or geophysical exploration, lighting and well reclaimed servicing equipment, or 19."Products-completed operations hazard"* (2) Cherry pickers and similar devices used to raise a. Includes all "bodily injury" and "property damage" or lower workers, occurring away from premises you own or rent and f. Vehicles not described in a., b., c or d above ansing out of"your product"or"your work"except maintained primarily for purposes other than the (1) Products that are still in your physical transportation of persons or cargo_ possession, or However, self-propelled vehicles with the following (2) Work that has not yet been completed or types of permanently attached equipment are not abandoned However, "your work" will be "mobile equipment" but will be considered "autos" deemed completed at the earliest of the (1) Equipment, of at least 1,000 pounds gross following tines vehicle weight designed primarily for (a) When all of the work called for in your (a) Snow removal, contract has been completed (b) Road maintenance, but not construction or (b) When all of the work to be done at the job resurfacing, or site has been completed if your contract (c) Street cleaning; calls for work at more than one job site (2) Cherry pickers and similar devices mounted on (c) When that part of the work done at a job site automobile or truck chassis and used to raise or has been put its intended use by any person or organization Other than another lower workers, and contractor or subcontractor working on the (3) Air compressors, pumps and generators, same project including spraying welding, budding cleaning, Work that may need service, maintenance, geophysical exploration lighting and well correction, repair or replacement, but which is servicing equipment otherwise complete, will be treated as completed HG 00 01 06 05 Page 17 of 18 b. Does not include "bodily injury" or "property 22.7emporary worker" means a person who is damage" arising out of: furnished to you to substitute for a permanent (1) The transportation of property, unless the "employee" on leave or to meet seasonal or short- injury or damage arises out of a condition in or temi workload conditions_ on a vehicle not owned or operated by you, 23."Volunteer worker"means a person who and that condition was created by the"loading a. Is not your"employee", or unloading"of that vehicle by any insured; b. Donates his or her work, (2) The existence of tools, uninstalled equipment or abandoned or unused materials, or c. Acts at the direction and within the scope of duties determined by you,and (3) Products or operations for which the d. Is not paid a fee salary or other compensation by classification, listed in the Declarations or in a you or anyone else for their work performed for policy schedule, states that products- completed operations are subject to the you General Aggregate Limit 24."Your product` 20."Property damage"means a. Means: a. Physical injury to tangible property, including all (1) Any goods or products, other than real resulting loss of use of that property All such loss property, manufactured, sold, handled, of use shall be deemed to occur at the time of the distributed or disposed of by physical injury that caused it, or (a) You, b. Loss of use of tangible property that is not (b) Others trading under your name;or physically injured All such loss of use shall be (c) A person or organization whose business deemed to occur at the time of the "occurrence" or assets you have acquired, and that caused it (2) Containers (other than is hicjes), materials, As used in this definition, computerized or parts or equipment furnished electronically stored data, programs or software are hed in connection with such goods or products not tangible property Electronic data means information,facts or programs b. Includes a. Stored as or on; (1) Warranties or representations made at any b. Created or used on;or time with respect to the ftness, quality, durability, performance or use of "your c. Transmitted to or from, product", and computer software, including systems and (2) The providing of or failure to provide warnings applications software, hard or floppy disks, CD- or instructions ROMS, tapes, drives, cells, data processing devices c. Does not Include vending machines or other or any other media which are used with electronically property rented to or located for the use of others controlled equipment but not sold 21 "Suit" means a civil proceeding in which damages 25 "Your work" because of "bodily injury", "property damage" or "personal and advertising Injury" to which this a. Means: insurance applies are alleged "Suit' includes (1) Work or operations performed by you or on a. An arbitration proceeding In which such damages your behalf, and are claimed and to which the insured must submit (2) Materials, parts or equipment furnished in or does submit with our consent or connection with such work or operations b Any other alternative dispute resolution b. Includes proceeding in which such damages are claimed (1) Warranties or representations made at any and to which the insured submits with our time with respect to the fitness, quality, consent durability, performance or use of 'your work", and (2) The providing of or failure to provide warnings or instructions. Page 18 of 18 HG 00 0106 05 "J COMMERCIAL AUTOMOBILE POLICY NUMBER: 52UUNUS5M HA 9916 0312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as insureds (1) Any legal business entity other than a Paragraph A.I.-WHO IS AN INSURED-of partnership or joint venture,formed as a Section If-Liability Coverage Is amended to subsidiary in which you have an add: ownership interest of more than 50%on e. The lessor of a covered"auto"while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if- include any subsidiary that is an "Insured" under any other automobile (1) The agreement requires you to policy or would be an 'insured" under provide direct primary insurance for such a policy but for its termination or the lessor and the exhaustion of As Limit of Insurance. (2) The"auto"is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (a) That is a partnership or joint (1) Paragraph A.I. -WHO IS AN INSURED venture, - of Section II - Liability Coverage is amended to add: (b) That is an insured"under any other f. When you have agreed, in a written policy, contract or written agreement,that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy,or an additional insured on your (d) 180 days or more after its business auto policy,such person or acquisition or formation by you, organization is an"insured",but only unless you have given us notice of to the extent such person or the acquisition orformation. organization is liable for "bodily Coverage does not apply to "bodily injury"or"property damage"caused injury" or "property damage"that results by the conduct of an"insured"under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. insured with regard to the B. Employees as Insureds ownership, maintenance or use of a Paragraph A.1. -WHO IS AN INSURED-of covered"auto." SECTION If - LIABILITY COVERAGE is amended to add: m 2011,The Hartford(includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 11 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1 D. - Additional (1) During the policy period,and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract,and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other or written agreement that another insurance by the method described in Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement;or additional Insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not the Declarations seek contribution from that other insurance. Such amount shall be a part of and not Paragraphs(3)and(4)do not apply to other In addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described In this has been added as an additional insured Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity, insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional Insured's absence of this insurance;and own insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance Suit or Loss If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other insurance 5 d. person or organization be added as an 2• AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ®2011,The Hartford(Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc,with its permission ) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION It - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto",we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the"auto" at the time of the"loss" insurance and the"outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of"loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges;excess wear and tear charges; Coverages provided are extended to"autos"you lease termination fees; security deposits not hire or borrow,subject to the following limit. returned by the lessor, costs for extended The most we will pay for "loss" to any hired warranties, credit life Insurance, health, accident "auto"is: or disability insurance purchased with the loan or lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss";or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage No deductible applies to"loss"caused g, ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible Insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - and excess provisions, we will provide coverage EXCLUSIONS -of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto"you own. following- We will also cover loss of use of the hired"auto" Exclusions 4.c, and 4.d. do not apply to if It results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "autos" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident Is: This extension of coverage does not apply to (1) Permanently installed In or upon any "auto" you hire or borrow from any of your the covered"auto'; "employees", partners (if you are a partnership), (2) Removable from a housing unit members(if you are a limited liability company), which is permanently installed in or members of their households or upon the covered"auto' (3) An integral part of the same unit housing any electronic equipment described in Paragraphs(1)and(2)above;or C 2011,The Hartford(Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc,with its permission ) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered"auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same"accident',the following applies: b.Secdon III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible,it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 Is the most we will pay for"loss" In 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT,CLAIM,SUIT OR LOSS equipment(other than equipment designed solely for the reproduction of sound, and The requirement inac LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, accessories used with such equipment) SUIT OR LOSS - of SECTION IV- BUSINESS that reproduces, receives transmits AUTO CONDITIONS that you must notify us of audio, casual or data signals which, at the time of loss , is: an"accident'applies only when the"accident"is known to: (1) Permanently installed in or upon the covered "auto" in a housing, (1) You,if you are an individual; opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company;or such equipment; (4) An executive officer or insurance manager,if (2)Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment;or If existing the inception date of your policy, we you unintentionally fail to disclose any hazards (3)An integral part of such equipment c.For each covered"auto", should loss be limited e d will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A.-COVERAGE-of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the "insured's"responsibility to pay damages for pay for the expense of returning a stolen covered "bodily injury" or "property damage" is "auto"to you determined in a"suit,"the"suit"is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D -DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: 0 2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc,with its permission ) Page 4 of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss"is$10,000 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal combustion engine and one or more electric Paragraph 2 of the COMMON POLICY motors to move the auto, or the internal CONDITIONS - CANCELLATION - applies combustion engine to charge one or more except as follows: electric motors,which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an"auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In the event of a total loss to a"non-hybrid"auto In addition to the actual cash value of the"auto", for which Comprehensive, Specked Causes of we will pay up to$1,000 for vinyl vehicle wraps which are displayed on the covered "auto"at Loss, or Collision coverages are provided under the this Coverage Form, then such Physical time of total Toss Regardless the number of m Damage Coverages are amended as follows autos deemed a total loss, the most will pay under this Vehicle Wrap Coverage provision for a.lf the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the"non-hybnd"auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," 6 2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission) Page 5 of 5 KENNT Agenda Item: Consent Calendar - 7G TO: City Council DATE: June 18, 2013 SUBJECT: Contract with Sahlberg Equipment Company for Water Valve Exerciser - Authorize MOTION: Authorize the Mayor to enter into an agreement to purchase a Hurco SD800 Versatile Valve Exerciser from Sahlberg Equipment Company in an amount not to exceed $24,856, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Water Mains and Services Division annually turns approximately 1,500 valves. This is done by hand, which is time consuming and physically demanding. Staff researched various ways [i.e., hand powered equipment, bumper mounted units] to turn valves and looked for the most cost effective and efficient method. It was determined that the most suitable method is to turn by machine. The proposed exerciser is a hydraulically powered machine mounted on a trailer with an articulating 13' arm. It would be capable of working around obstacles while allowing the operator to access valves and hydrants quickly, easily and safely. Sahlberg Equipment Company is the Washington based distributor for Hurco Technologies located in Harrisburg South Dakota. A hydraulic valve exerciser will increase efficiency by reducing the time it takes to exercise valves. It would also reduce the potential for workplace injuries related to repetitive motion. EXHIBITS: None RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This purchase was approved in the 2013/2014 Capital Budget - Additional Equipment, Water. REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes ",, C—/ viewed by Director VA- Originator's Name: Kevin Swinford/Ron Dept/Div. PW Operatlo s Extension: 5610/5680 Green Date Sent: -4 .9118 Date Required: /4 i8 Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 9/15/13 VENDOR: Sahlberg Equipment Company DATE OF COUNCIL APPROVAL: 6/18/13 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement with Sahlberg Equipment Company is for the purchase of a water valve exerciser. For additional information, see the attached Council motion sheet. REcENED JUL 9 2013 City of Kent or office of the May All Contracts Must Be Routed Through The Law Department his area to be completed by the Law Department) Received: ' JUL 9 2013 Approval of KEN F LaW DEPT Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: z� / J U L 12 2013 Disposition: ������--�� 0 ��1� C'� �DrGUd�o Crry OF KENT CITY C_LAK Date Returned: