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HomeMy WebLinkAboutPW13-264 - Amendment - #1 - Jason Engineering & Consulting Business, Inc. - SR 516 to S.231st Way Levee Improvements - 10/18/2013 ' 3 r Records Min-agerne nt KENT ,. Document��� W as nixcroe " x i 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: Jason Engineering & Consulting Business Inc. Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: SR 516 to S. 2315t Way Levee Improvements Description: ❑ Interlocal Agreement ❑ Change Order M Amendment ❑ Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Paul Kuehne Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Sample additional imported materials to evaluate and confirm specification requirements for the project. I S:Publlc\RccordsManagement\Forms\ContractCover\adcc7832 11/08 Idil KENT AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Jason Engineering & Consulting Business, Inc. CONTRACT NAME & PROJECT NUMBER: SR 516 to S. 231" Way Levee Improvements ORIGINAL AGREEMENT DATE: September 19, 2013 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: The Consultant shall sample additional imported materials and evaluate and confirm specification requirements for the project. For a description, see the Consultant's scope of work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $8,832.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $8,832.00 including all previous amendments Current Amendment Sum $3,870.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $12,702.00 'I I I AMENDMENT - 1 OF 2 Original Time for Completion 12/31/14 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (f) for this 0 calendar days Amendment Revised Time for Completion 12/31/14 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. i All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: ". CITY OF KENT: Bf B y. y; (signet e) / (signature) Print Name: / ,1 Print(Nam : ette Cooke Its Its Mayor (title) ,t (title) DATE: /C% ,tt - /`� DATE: 4,9 f /f APPROVED AS TO FORM: (applicable if Mayor's signature fequired) ! � r { t Kent Law Department'`-- IECU-5R 516 Levee Amd 1/Kuehne AMENDMENT - 2 OF 2 i Jason GeotechnicalEngineering RevDate 10-04-2013 AIEngineering& Retaining Wall/Pavement Design Pro'ect:SR516 to 231 t Way Consulting Construction Management Levee,Kent#09-3006 Business,Inc, WABO/AASHTO Inspection&Testing E&t p13-022b Scope of Services, ExhibitA �x Sample imported material to evaluate and confirm specification requirements according to current applicable standards. s� Lab work only was requested, tr Provide to the owner within two hours of discovery, notification of failing test results related to materials testing, concrete cylinder breaks or other critical test results as determined by the Owner's Representative. Provide time sheets with each invoice that verify consultant employee(s),day, date and times worked, hourly rate, total per day,tests performed and test fees, and any other pertinent information required to verify invoiced charges. ,,P- Hourly rates include all test equipment for our services (there are no hidden extra costs involved), A Licensed P,E, reviews all reports. Reports are sent to all parties on the project.distribution list. " The hourly rate is based upon portal-to-portal time, The hourly rates shown below are applicable for all work performed. There is a minimum charge of 2 hours for normal inspection and professional engineering services. (Weekends are minimum 4 hours) " An overtime rate of 1,5 times the hourly rate will be charge for all work in excess of the normal 8 hour working day,weekends,nights and legal holidays, " Equipment && materials will include equipment used by an inspector the field in the performance of normal inspection duties. We request a minimum of 24 hours notice for scheduling, w Liability is limited to invoiced amounts. " No mileage is charged within Auburn and Kent City limits I, I i i Phone: (206)-786-8645 l?mail:Jason@jasonerrgineerhng.conn PO Box 181 Auburn WA. 98071 I Jason Geotechnical Engineering Rev Date: 10-04-2013 € L Engineering& Retaining Wall/Pavement Design Pro ech SR516 to 231tt Way %` T Consulting Construction Management Levee,Kenai 09-3006 Business,Inc. WABO/AASHTO Inspection &Testing pile#:p13-022b Schedule of Fees & Services, Exhibit B —Lab Work only requested PROFESSIONAL SERVICES Qty, Unit Rate Total Est. Inspection TESC Supervisor $50.00 per hour $0.00 Asphalt/Soils w/Densometer 60 $50.00 per hour $3,000.00 Reinforced Concrete/Masony $50.00 per hour $0,00 Inspection Structural Steel/Welding $75.00 per hour $0,00 Administrative Services $40,00 per hour $0.00 Construction Manager,Report review&Fvaluation $60,00 per hour $0,00 Senior Geotechnical Engineer,PE $95,00 per hour $0,00 LABORATORY SERVICES Unit Rate ASPHALT,HMA Asphalt,Ignition&Gradation(AASHTO T27,ASTM D2172) $150,00 each $0,00 Asphalt, Rice Specific Gravity(ASTM D2041, AASHTO T245) $85,00 each $0.00 CONCRETE Concrete, Cylinders Compression(ASTM C39) $18.00 each $Q00 SOILS/AGGREGATE Soil, Atterberg Limits. 2 $160.00 each $320,00 Soil, Fracture Count(ASTM D5821) $75.00 each $0.00 Soil,IIydrometer $160,00 each $0.00 Soil, Moisture Content $30,00 each $0.00 Soil,Proctor/Moisture-Density Relation(ASTM D1557,D698 2 $150.00 each $300.00 Soil,Sand Equivalent Test(ASTM D2419) $75.00 each $0.00 Soil, Sieve Analysis of Fine and Coarse Aggregates (T27-06) 2 $125.00 each $250.00 Soil, Unit weight $30.00 each $0.00 OTHER $0,00 Overtime, 1.5 times hourly rate 1.5 x hourly rate per hour Subconsultants Cost+ 15% Estimated Project Total: $3,870.00 I Phone: (206)-786-8645 Email: Jason@Jasonengineering.coni PO Box 181 Auburn WA.98071 i I i AC®® TAC CERTIFICATE OF LIABILITY INSURANCE R 06-04-2Y013 THIS CERTIFICATE IS ISSU ED.AS 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 SUBROGATIONIS 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: MARSH ADVANTAGE AMERICA/PHS AICDNNa E. : (877) 616-7474 IAIXC,Nc): (877) 905-045-1 543148 P: (877) 616-7474 F: (877) 905-0457 E-MAIL _-�--�- PO BOX 33015 ADDRESS: SAN ANTONIO TX 78265 INSURERIS)AFFORDING COVERAGE NAIC# INSURER A: Hartford Casualty Ins Co INSURED INSURER B: JASON ENGINEERING & CONSULTING INSURERC: BUSINESS INC INSURER D: PO BOX 181 AUBURN WA 98071 INSURER E; INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD j 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. lNSR E TYPE OF INSURANCE PO/C EFF POLICY EXP LIMITS [TR INSR WIG POLICY NUMBER (MIA/DD/YYVYI (MIA/OD/VVYV) ' GENERAL LIABILITY EACH OCCURRENCE _ S 2, 000, 000 DAMAGE TO RENTEOn_..-- COMMERCIAL GENERAL LIABILITY PREMISES (Ea_occurtencel5 300 000 CLAIMS-MADE OX OCCUR MED ESP IAn yonnperson) s10, 000 A ----— X General Liab 54 SHM TS7856 i/ 06/01/2013 06/01/2014 PERSONAL&ADV INJURY s 2 000 000 GENERAL AGGREGATE S4,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG S4 000-, 000 POLICY L—J JEC C LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT IEa accident) $ 2, 000, 000 ANY AUTO BODILY INJURY IPer persnnl 5 A ALL OWNED SCHEDULED 54 SBM TS7856 ( 06/01/2013 D6/01/2014 BODILY INJURY IPerocbldent) S ICI AUTOS AUTOS t/ PROPERTY DAMAGE X HIRED AUTOS NON-OWNED S y' AUTOS IPer accidanq S UMBRELLA L/Aa OCCUR EACH OCCURRENCE $ EXCFSSUAR CLAIMS-MADE AGGREGATE_.__ S DE I RETENTION 9 S WORKERS COMPENSATION WCSTATU- I OTH- - ANDEMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETORIPARTNERIEXECUTIVE❑ N/A I'�I E.L.EACH ACCIDENT 5 OFFICERIMEMBEREXCLUDED7 -- (Mnnde(ory in NHI E.L.DISEASE-EA EMPLOYE S It yes,describe under _ - - DESCRIPTION OF OPERATIONS belnvl j E.L.DISEASE-POLICY LIMIT $ A EMP STOP GAP ❑ Ll 54 SLIM TS7856 1J 06/01/2013 06/01/2014 $1,000,000/1,000,000/1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES lAttaM ACORD 101,Additbnd Renmdra Schedule,ff.,.spaca/s,aquhad) Those usual to the Insured' s Operations . Department of Veterans Affairs and Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE US BUILDERS GROUP DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 6465 FRENCH RD AUTHORIZEOREPHES£NTATIVE DETROIT, MI 48213 7e�_ o 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD DATE(MMIODfYYYY) A�MY CERTIFICATE OF LIABILITY INSURANCE 1 0/1 4201 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES N07AFFIRMA71VELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF.INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER;AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NArdE: Stanford Insurance[no A/C No Ext: -MAIL 1010 S 336th St,Ste 110 ADDRESS: INSURERS AFFORDING COVERAGE NAICR I Federal Way WA 98003 INSURERA: CNAlnsuranceCompany AA1121106 INSURED INSURERS: Jason Engineering&Consulting Business,Inc INSURERC: PO BOX 181 INSURERD: INSURERE: Auburn WA 98071 INSURERP: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURA14CE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE S 1UBR POUCYNUMBER AM/DDIYYYY MM/DDNYYY LIMITS GENERAL LIABILM EACH OCCURRENCE S OAfAAG R ED j COMMERCIAL GENERAL LIABILITY PREMISES Ee Occurrence CLAIMS-MACE1:1 OCCUR MED EXP(Any one mor) S PERSON. RADV IN..URY $ OENERALAGGREGATE 8 t GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OPP.GG POLICY PRO- - LOC -- COMBINED SINGLE LIMI AUTOMOBILE LIABILITY Ea aaide t EODILYIN.URY(Perperson) S PNYAUTO ALL OWNED SCHEDULED BODILY INJURY(Per acddanN $ ,. AUTOS AUTOS PROPERTYDAPMGE - $ NON-O"ED Per accident HIREDAUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE E%GEES LIAB CLAIMS MADE AGGREGATE $ DED RETENTIONS V CSTATU- OTH- MRKERSCOMPENSATION DRY L AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE� E.L.EACH ACCIDENT $ OFFICERWEMBER ERCLUDEOi NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE ugys descdbeunder E.L.DISEASE-POLICY DEkRIPTION OF OPERATIONS below — ®— Errors&Omissions $1.000,000 Per Claim A MICH288253318 10/122013 10/122014 $1,000,000 Aggregate DESCRIPTIONOF OPERATIONSILOCATIONSIVEHICLES (Att,1 ACORD 101,Addilionai Re mad<s Schedulo,ifmorn space s roqul®d) CERTIFICATE HOLDER — _. - - CANCELLATION _ - SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION UATE TH EREOP,NOTICE WILL BE DELIV[RED IN _ ACCORDANCE WITH THE POLICY PROVISIONS, 400 W Gov✓e AUTFIOR17GO REPRESENTATIVE Kent WA 98032 - ©198&20I0 ACORD CORPORATION. All rights reserved, ACORD 25(20101`05) Tho ACORD namo and logo are registered marlcs of ACORD POLICY NUMBER: 54 SEM TS7856 .a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON-ORGANIZATION Form IH 12 00 11 85 T SEQ. NO. 002 Printed in U.S.A. Page 002 (CONTINUED ON NEXT PAGE) Process Date: 08/08/1.3 Expiration Date: 06/01/14 THE I IAR TFORD Select Customer Insurance Center 3600 WISEMAN BLVD. SAN ANTONIO TX 78251 Policyholder, please call us at: (877) 616-7474 Agent, please call us at: (877) 616-7474 INSURANCE ENDORSEMENT ATTACHED *** PLEASE REVIEW THE CHANGE *** Enclosed is an endorsement for your business insurance policy. Please review it at your convenience, If you have questions or need to make further changes: Policyholder, please call us at: (877) 616-7474 Agent, please call us at: (877) 616-7474 between 7 A.M. and 7 P.M. CENTRAL TIME. The premium billing will be mailed to you separately. You can expect to receive it soon. Thank you for allowing us to service your business needs. MARSH ADVANTAGE AMERICA/PHS THE HARTFORD SELECT CUSTOMER INSURANCE CENTER I I The Hartford Insurance Group Hartford Fire Insurance Company and Its Affiliates Hartford Plaza, Hartford, Connecticut 06115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below: Policy Number: 54 SBM TS7856 54 Named Insured and Mailing Address; JASON ENGINEERING & CONSULTING BUSINESS INC PO BOX 181 AUBURN WA 98071 Policy Change Effective Date: 08/06/13 Effective hour is the same as stated in the Declarations Page of the Policy. Policy Change Number: 003 Agent Name: MARSH ADVANTAGE AMERICA/PHS Code: 543148 POLICY CHANGES: HARTFORD CASUALTY INSURANCE COMPANY ANY CHANCES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT. IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE I i FORM NUMBERS OF ENDORSEMENTS REVISED AT ENDORSEMENT ISSUE: I I1412001185 AD➢ITIONAL INSURED - PERSON-ORGANIZATION PRO RATA FACTOR: 0.819 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 12 11 04 05 T Page ool Process Date: 08/08/1.3 Policy Effective Date: 05/01/13 Policy Expiration Date: 06/01/14 POLICY NUMBER: 54 SBM TS7856 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE➢ - PERSON-ORGANIZATION ill CITY OF KENT III PUBLIC WORKS 220 4TH AVE S KENT WA 98032 RE: BOEING LEVY PROJECT CITY OF KENT PUBLIC WORKS ENGINEERING DEPT 220 4TH AVE S KENT, WA 98032 RE:ALL CITY PROJECTS Form IH 12 00 11 85 T SEQ. NO. 002 Printed in U.S.A. Page 001 (CONTINUED ON NEXT PAGE) Process Date: 08/08/13 Expiration Date: 06/01/14 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what Is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us"and "our"refer to the stock insurance company member of The Hartford providing this insurance. The word "insured"means any person or organization qualifying as such under Section C. -Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES (a) The "bodily Injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" Is caused by INJURY, PROPERTY DAMAGE, PERSONAL "occurrence" that takes place in the AND ADVERTISING INJURY) "coverage territory"; Insuring Agreement (b) The "bodily injury" "property damage" occurs during the policy I a. We will pay those sums that the insured period;and becomes legally obligated to pay as (c) Prior to the policy period, no Insured damages because of "bodily injury', listed under Paragraph 1. of Section "property damage" or "personal and C. — Who Is An Insured and no advertising Injury" to which this insurance "employee"authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit" or claim, knew that the "bodily injury" seeking those damages. However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in,pat. If such a listed any "suit" seeking damages for "bodily Insured or authorized "employee" injury", "property damage" or "personal and knew, prior to tho policy period, that advertising injury" to which this insurance the "bodily injury" or "property does not apply. damage" occurred, then any We may, at our discretion, Investigate any continuation, change or resumption "occurrence" or offense and settle any claim of such "bodily Injury" or "property or"suit"that may result. But: damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described In Section D. - known prior to the policy period. Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance; and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only If the offense was we have used up the applicable limit of committed in the "coverage territory" insurance in the payment of judgments, during the policy period. settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earllest time when any perform acts or services is covered unless insured listed under Paragraph 1.of Section explicitly provided for under Coverage C. — Who Is An Insured or any "employee" Extension-Supplementary Payments. authorized by you to give or receive notice of n "occurrence"or claim: b. This Insurance applies: (1)a Rf py tsoall P op eorany part, o damage" to bodloly r (1) To "bodily injury" and property damage"only If: any other insurer; Form SS 00 08 04 05 Page 1 of 24 BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the"bodily fault. These payments Will not exceed the injury"or"property damage";or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1), First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of"bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices;and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury', professional nursing, and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse; emergency "suit" we Investigate or'settle, or any "suit' medical technician or paramedic shall against an insured we defend: be 'deemed to be caused by an "occurrence", but only If: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) up to $1,000 for the cost of ball bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability (b) You are not engaged in the Coverage for"bodily injury"applies. We business or occupation of providing do not have to furnish these bonds. such services. (3) The cost of appeal bonds or bonds to ( release 'attachments, but only for bond 2) For the purpose of determinir g the amounts within the applicable limit of limits of insurance for Incidental medical insurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one"occurrence" investigation or defense of the claim or "suit", including actual loss of earnings 2, MEDICAL.EXPENSES up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily Injury" caused by an the"suit". accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the Insured on that part of the judgment (2) On ways next to premises you own or we pay. If we.make an offer to pay the rent; or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided That: (7) All Interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are Incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts paid under (1) through (7) (3) The Injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, and an Indemnitee of the Insured is also attorneys' fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that Indemnitee if all of the litigation expenses incurred by us and following conditions are met; necessary litigation expenses incurred (1) The . "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — that is an "Insured contract"; Exclusions, such payments will not be (2) This Insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will not reduce the Limits of Insurance. (3) The obligation to defend, or the cost Our obligation to defend an insured's the defense. of that indemnitee, hass also been assumed by the insured In indemnitee and to pay for attorneys' fees the same"insured contract";, and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of Insurance in the payment of appears to exist between the Interests Judgments or settlements;or of the Insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described In (5) The indemnitee and the Insured ask Paragraph(6)above,are no longer met. us to conduct and control the defense B. EXCLUSIONS of that Indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to: and the indemnitee;and a. Expected Or Intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees In writing to: expected or intended from the (I) Cooperate with us in the standpoint of the insured. This Investigation, settlement or exclusion does not apply to "bodily defense of the"suit"; Injury' or "property damage" resulting from the use of reasonable force to (H) Immediately send us copies of protect persons or property; or any demands, notices, (2) "Personal and advertising Injury" arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or with the consent or the"suit"; acquiescence of the insured with the (11I) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". Indemnitee; and b. Contractual Liability (Iv) Cooperate with us with 1 "Bodilyinjury"or"property damage";or respect to coordinating other ( ) g applicable Insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (1) Obtain records and other This exclusion does not apply to liability Information related to the for damages because of: "suit";and (a) "Bodily Injury", "property damage"or (ii) Conduct and control the "personal and advertising injury"that defense of the indemnitee in the insured Would have in the such"suit". absence of the contract or• agreement;or nn no nn nr Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury"or"property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business,or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of(1)above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than, an insured are with or repay someone else who must deemed to be damages because of pay damages because of the Injury. "bodily Injury' or"property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (i) Liability to such party for, or for contract". the cost of, that partys defense f, pollution has also been assumed in the same"insured contract",and (1) "Bodily injury", "property damage" or "personal and advertising injury" (11) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of That party against a seepage,Migration, release or escape civil or alternative dispute of"pollutants": resolution proceeding in which damages to which this (a) At or from any premises, site or insurance applies are alleged, location which is or was at any c. Liquor Liability time owned or occupied by, or rented or loaned to any Insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by notapplyto; ' reason of: (1) "Bodily injury"if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that Is used to heat, under the influence of alcohol;or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to relating to the sale, gift, distribution or heat water for personal use, by use of alcoholic beverages. the building's occupants or their guests; This exclusion applies only if you are in the 11 "Bodilyinjury" or "property business of manufacturing, distributing, O try selling, serving or furnishing alcoholic damage"for which you may be held liable, if you are a beverages. ., Compensation And Similar contractor and the owner or d. Workers' Com p lessee of such premises,site or , Laws location has been added to your Any obligation of the Insured under a policy as an additional Insured workers' compensation, disability benefits with respect to your ongoing or unemployment com compensation law or p operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury"to: such premises, site or location (1) An "employee" of the insured arising Is not and never was owned or occupied by, or rented or out of and in the course of: loaned to, any insured, other (a) Employment by the insured; or than that additional insured;or BUSINESS LIABILITY COVERAGE FORM (ill) "Bodily Injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (11) "Bodily injury" or "property location which Is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; Into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor;or as waste by or for: (ill) "Bodily Injury" or "property (1) Any Insured;or damage" arising out of heat, smoke or fumes from a (II) Any person or organization for re whom you may be legally "hostile fire"; or responsible; (e) At or from any premises, site or location on which any insured or any to(d) or from any premises, 'site or contractors or . subcontractors location on which any Insured or any contractors or subcontractors working directly or Indirectly per on any working directly or indirectly on operaio behalf _`are performing to an insured's behatf are operations If th% o& stations are e, y test for, monitor, clan up, remove, performing operatlons° If the contain, treat, detoxlfy or neutralize, "pollutants" are brought dh or to or in any way respond to, or assess the premises, site or locetloh In the effects of, "pollutants". connection with such op&atlons by such Insured, contractor or (y) Any loss, cost or expense arising out subcontractor. However,'' this of any: subparagraph does not apply to: (a) Request, demand, order or statutory (1) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or In any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants";or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment"or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily Injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or �____ .... ..a ....... .a 61..no 9-f%A. I BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" In, or "Bodily Injury' or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use Includes 1. War operation and"loading or unloading". "Bodily injury", "property ,damage" or This exclusion applies even if the claims "personal and advertising Injury", however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing.In the supervision, hiring, (1) War, Including undeclared or civil war; employment, training or monitoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property including action in hindering or damage" Involved the ownership, defending against an actual or maintenance,use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents;or any Insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by 1 A watercraft while ashore on remises governmental authority in hindering or O p defending against any of these. you own or rent; j. Professional Services (2) A watercraft you do not own that is: "Bodily Injury", "property damage" or (a) Less than 51 feet long;and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways butts not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" Is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract' for the . ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (a) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of '9noblle nursing services treatment, advice or equipment"; or Instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or Instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply if the insured instruction for the purpose of has any other Insurance for such"bodily appearance or skin enhancement, halt, injury" or "property damage", whether removal or replacement or personal the other insurance is primary, excess, grooming; contingent or on any other basis. h. Mobile Equipment (7) Optical hearing aid services th including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of"mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured;or BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstratlon or premises, including the contents of such distribution of ophthalmic lenses and premises,rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To (a) Body piercing (not including ear Premises Rented To You as described In Section D.-Limits Of Insurance. piercing); Paragraph (pr of this exclusion does not (b) Tattooing, Including but not limited apply n the premises are "your work) and to the Insertion of pigments into or were never occupied, rented or held for under the skin; and rental by you. (c) Similar services; Paragraphs (3)and (4) of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, Including web under a sidetrack agreement site design. Paragraphs (3) and (4)of this exclusion do Paragraphs (4)and (5)of this exclusion do not apply to "property damage" to not apply to the Incidental Medical a borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Pa!agraph 1.'e.In Section A.-Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage"included In the "Property damage"to: "products-completed operations hazard". (1) Property you own, rent or occupy, I. Damage To Your Product Including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any pail of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" to "your work" arising property for any reason, including out of it or any part of it and Included In the prevention of injury to a person or "products-completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon,if the"property damage"arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured; "Property damage" to "Impaired property" or property that has not been physically (5) That particular part of real property on Injured, arising out of: which you or any contractors or subcontractors working directly or (1) A defect, deficiency, Inadequacy or indirectly on your behalf are performing dangerous condition In "your product" operations, if the "property damage" or"your work';or arises out of those operations;or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with Its terms. incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair,replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and . from use by any person or organization advertising injury" In Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral,written or electronic Itself, is not considered the business publication of material, If done by or at : of advertising, broadcasting,. the direction of the Insured with publishingortelecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2.) Arising out of oral,written or electronic or bulletin board the insured hosts, owns, or over which the insured publication of material whose first exercises control; publication took place before the beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed another's name or product in your e-mall address, domain name or metatags, or by or at the direction of the insured; any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of a another's "advertising Idea" in your person's right of privacy created by "advertisement"; any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; "advertisement"; (6) Arising out of the wrong description of (12) Arising out of: the price of goods,products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not Information, code, sounds, text, apply to infringement, in your graphics orirnages;or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (I) Your web site;or a trademark, trade name, service (it) The prosentatlon or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your web site; BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities;or persons or property which would not have occurred In whole or in (15) Arising out of discrimination or part but for the"asbestos hazard"; humiliation committed by or at the direction of any "executive officer" (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q. Electronic Data others test for, monitor, clean up, remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, Inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard"; or "electronic data". (c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for, "Bodily injury" or"personal and advertising monitoring, cleaning up, removing, injury"to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any way responding to or assessng the (a) Refusal to employ that person; effects of an"asbestos hazard". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omisslons, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or Is alleged to person;or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act(TCPA), Including any amendment consequence of "bodily Injury" or of or addition to such law; "personal and advertising injury"to the (2) The CAN-SPAM Act of 2003,including person at whom any of the any amendment of or addition to such employment-related practices law;or described in Paragraphs(a), (b), or(c) above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k.through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "propeity damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the"asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described In loss,costs or expenses that: Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Paye 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily Injury": are also insureds, but only with respect to a. Any Insured their duties as trustees. To anylnsured,except"volunteer workers". 2. Each of the following Is also an Insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your "employees", other than either your"executive officers' (if you To a person Injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by you or while performing duties related to To a person, whether or not an the conduct of your "employee" of any insured, if benefits for business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers"are insureds for: or disability benefts law ora similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exerciseu m games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f, Products-Completed Operations Hazard company), or to a co-"employee' while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while performC. WHO IS AN INSURE® conduct dutiesng of yourbusiness; to the 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An Individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee' .or that "volunteer conduct of a business of which you are the worker" as a consequence, of sole owner. Paragraph (1)(a)above; b. A partnership or joint venture, you are an (c) For which there Is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds,but only with someone else who must pay respect to the conduct of your business. damages because of the injury G. A limited liability company, you are an described in Paragraphs (1)(a) or (b) above;or Insured. Your members are also Insureds, but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers, If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as.your officers or directors. you to provide such services. Your stockholders are also insureds,but only (2) 'Property damage"to property: with respect to their liability as stockholders, (a) Owned, occupied or used by, 1, BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b: Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily Injury" or "property damage" purpose by you, any of your that occurred;or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member (if you are a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to "mobile equipment' registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However,no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative if You Die person driving the equipment;or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which Is a legally Incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person Is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part, your permission. Any other person or The Insurance afforded herein for any organization responsible for the conduct of subsidiary not shown In the Declarations such person is also an Insured, but only with respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect too also an which an insurance of any kind is available to that Insured under this Insurance insured under another policy or would be person or for liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of Insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by; other than a partnership, joint venture or rented to, In the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial Interest of more than 50% of an Insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) Identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier; and ®awn II n49A BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by, a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the Issuance of the permit, with the distribution or sale of the A person or organization is an additional products; Insured under this provision only for that (f) Demonstration, installation, period of time required by .the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization Is an at the vendor's premises iits e additional Insured under this provision if such connection with the sale of t person or organization is included as an product; additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.— Optional Additional Insured Coverages. the vendor;or a. Vendors (h) "Bodily InjiYry" or "property damage" arising out of the sole Any persons)or organization(s) (referred to below as vendor), but only with respect to ownegn actsof the vendor for its ,o "bodily injury" or "property damage" arising own acts or.omissions or(hose of out of"your products" which are distributed its employees or anyone else acting on its behalf. However,this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (I) The exceptions contained In "property damage" included within the Subparagraphs(d) or(f); or "products-completed operations hazard". (11) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This Insurance does not apply to; connection with the distribution (a) "Bodily injury" or "property or sale of the products, damage" for which the vendor is (2) This Insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, pail or container, This exclusion does not apply to entering Into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (f) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for"bodily injury", "property a damage" or in the product made intentionally "personal and advertising Injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; - i BUSINESS LIABILITY COVERAGE FORM (2) With respect to the Insurance afforded e. Permits Issued By State Or Political to these additional Insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has Issued a permit. whom you lease land or premises, but (2) With respect to the Insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the Insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or Insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury"or"property damage" place after you cease to lease that included within the "products- land or be a tenant In that completed operations hazard".. premises;or f. Any Other Party (b) Structural alterations, new (1) Any other person or orgaAlzatlon who construction or demolition is not an insured und&'Paragraphs a. operations performed by :onion through e. above titt''•Ionly with behalf of such person:. or respect to liability"for;J'bodiiy injury", organization. "property damage'14'"'personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts:ornomissions or the acts or only with respect to liability for "bodily behalf:omissionsrof those acting on your beh injury", "property damage" or 'personal and advertising injury" caused, in Whole (a) In the . perforrnanae, of . your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) in connection with "your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (1) The written contract or written (2) With respect to the Insurance afforded agreement requires you 'to to these additional Insureds, the provide such coverage to following additional exclusion applies: such additional Insured; and This Insurance does not apply to (II) This Coverage Part provides "bodily Injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" property, damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, Insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications;or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Paoe13of24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications;or explosion. (b) Supervisory, inspection, 3. Eachr Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities, applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily Injury", Insureds are described in Section D. — Limits "property damage" and medical expenses Oflnsurance. arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown In How this insurance applies when other I insurance is available to an additional insured the Declarations, Is described In the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury'.' sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of an current or Advertising Injury Limit p y past 4. Personal And Advertisin partnership, joint venture or limited liability Subject to 2.b.abov%JIlerfnbst we will pay for company that is not drown as.a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or arganizatlon is the Personal LIMITS ®F INSURANCE and Advertising Injury fLimit shown in the 1. The Most We WIII Pay Declarations. 5. Damage To Premises F1ented To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage To PYem(ses Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business a. Insureds; Liability Coverage for damages because of "property damage"to an premises, while b. Claims made or"suits"brought;or rented to you, or In the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing"suits", temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion,the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the G. Now Limits Apply To Additional Insureds Declarations. b. Damages because of all other "bodily The most we will pay o a behalf a person or Injury", "property damage" or "personal organization who is an additional insured and advertising injury', Including medical underthls Coverage Pettis the lesserof: expenses, Is the General Aggregate Limit a. The limits of insurance specified in a shown In the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision;or owned by or rented to you, b. The Limits of Insurance shown In the "Location" means premises Involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not In whose connection is interrupted only by a addition to the Limits of Insurance shown In street, roadway or right-of-way of a the Declarations and described In this Section. railroad. i I ..___ .a. _c... e......., ca nn 110 nA nn BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements. Is the with the claim or"suit", single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other Information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3.above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months,starting enforcement of any right against any with the beginning of the policy period shown In the person or organization that may be Declarations, unless the policy period Is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own cost, voluntarily make a paymentt,, assume GENERAL CONDITIONS any obligation, or incur any expense, other 1. Bankrupt6,i than for first aid,without our consent. Bankruptcy or Insolvency of the Insured or of e. Additional insured's Other Insurance the Insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional Insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other Insurer for defense and Indemnity. You or any additional Insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence" or an written contract, written agreement or offense which may result in a claim. To permit that this insurance is primary and the extent possible, notice should include: non-contributory with the additional (1) How, when and where the "occurrence" insured's own Insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any Injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence"or offense. known to: i b. Notice Of Claim (1) You or any additional Insured that is If a claim Is made or "suit" Is brought an Individual; against any Insured, you or any additional (2) Any partner, if you or an additional insured must: Insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit' and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as sooh as practicable. manager, if you or an additional You or any additional Insured must see to insured Is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit"as soon as practicable. Insured is a trust; or c, Assistance And Cooperation Of The (6) Any elected or appointed officlal, if you Insured or an additional insured is a political You and any other Involved insured must: subdivision or public entity. ff_.,._ c0 nn 110 nn HC Paae 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To , Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business.at the Inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage, under this Coverage Part comply with the provisions,of the law to because of such failure. the extent of the coverage and limits of 7• Other Insurance insurance required by that law. If other valid and collectible Insurance is b. With respect to "mobile equipment" to avallable for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This Insurance is primary except when b. those coverages, below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other o'.a '; insurance by the method described in c. No person or organization has a right under f below. this Coverage Form: a. To join us as a party or otherwise bring,us b• Excess Insurance into a "suit" asking for damages from,an This Insurance is excess over any of,the insured;or other Insurance, whether primary, excess, b. To sue us on this Coverage Form unless _ contingent or on any other basis; all of its terms have been fully complied,'"' �;' (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover 1 Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"yourwork' against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terins of this insurance or that are in excess of the That n fire, lightning e explosion applicable limit of Insurance. An agreed insurance ril;poccupis rented u you settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner; claimant or the claimants legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for "grope ty damage" to premises rented and any rights or duties specifically assigned i in this policy to the first Named Insured, this w you or temporarily occupied by you with permission of the owner; insurance applies; (A) Aircraft,Auto Or Watercraft a. As if each Named Insured were the only Named Insured; and If the loss arises out of the maintenance or use of aircraft, "autos"or watercraft to b. Separately to each insured against whom a claim is made or"suit" e brought, the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (6) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (?) Those statements are based upon subject to Exclusion k. of Section A.— representations you made to us; and Coverages. BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this Insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That Is other Insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this Insurance;and operations, for which you have been (2) The total of all deductible and self- added as an additional Insured by that insured amounts under all that other Insurance;or insurance. (7) When You Add Others As An We will share the remaining loss, if any,with Additional Insured To This any other Insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who Is an If all the other Insurance permits additional Insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid Its applicable limit of This insurance is primary if you insurance or, none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other Insurance does not permit this insurance be primary. If other contribution by equal shares, we will Insurance is also primary, we will contribute by limits. Under this method,each share with all that other Insurance insurer's share is based on the ratio of its by the method described In c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory S. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The Insured must do Insurance, this insurance is nothing after loss to Impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance, enforce them. This condition does not Paragraphs (a)and (b) do not apply to apply to Medical Expenses Coverage. other Insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver Insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit"if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Pail, we insured against that "suit". If no other also waive that right, provided the insured Insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other Insurers. agreement or permit that was executed prior to the injury ordamage, Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured-Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to Include as an additional Insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown In the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditlons applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: . Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for"bodily Organization injury", 'property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, In whole or amended to include as an additional insured In part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability persons)or organizatlon(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this Insurance whole or in part, by your acts or omissions or does not apply to any"occurrence" which the acts or omisslons of those acting on your takes place after,you cease to lease that behalf: equipment. a. In the perFtamance of your ongoing 5. Additional Insured - Owners Or Other operations;or Interests From Whom Land was Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises Insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other Interests From amended to include as an additional Insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations, ownership,maintenance or use of that part of b, With respect to the insurance afforded to the premises leased to you and shown In the Declarations. these additional Insureds, the following additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following Thislnsurancedoesnotapplyto: additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to: after you cease to lease that rand;or (1) Any 'occurrence" which takes place (a) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises;or performed by or on behalf of such person or organization. (2) Structural alterations, new construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision—Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the Insurance afforded to business, In connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This Insurance does not apply to: servicing or repair operations, except such operations performed (1) "Bodily Injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "Bodily injury" or "property damage" Included in the "product-completed or sale by you, have been labeled operations"hazard. or relabeled or used as a o p container, part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section G.is the vendor; or amended to Include as an additional (h) "Bodily injury" or "property insured the person(s) or organlzatlon(s) damage" arising out of the sole (referred to below as vendor)shown in the negligence of the vendor for Its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or"property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold In the regular course of the vendor's (1) The exceptions contained In business and only if this Coverage Part Subparagraphs(d)or(f); or provides coverage for "bodily injury" or "property damage" included within the (ii) Such inspections, "products-completed operations hazard". adjustments,tests or servicing as the vendor has agreed to b. The insurance afforded to the vendor is subject to the following additional exclusions: make or normally undertakes to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from [[ability In a contract or agreement, whom you have acquired such This exclusion does not apply to products, or any ingredient, pail or liability for damages that the container, entering into, vendor would have In the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured—Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured In the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Thelr flnanc[al control of you; or substitution of parts under b. Premises they own, maintaln or control Instructions from the manufacturer, while you lease or occupy these premises, and then repackaged in the original container; Farm SS 00 08 04 1`15 Pace 19 of 24 it BUSINESS LIABILITY COVERAGE FORM This Insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this Insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described In Contractors — Scheduled Person Or. the Other Insurance Condition in Section E. — Organization Liability And` Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to Include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured—Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for"bodily dissemination of Information or images that Injury", "property•damage" or "personal has the purpose of inducing the sale of goods, and advertising Injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Televislon; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional , insured(s); or . (5) Newspaper; (2) In connection with "your won(,, b. The Internet,: but.only that part of a web performed for that additional insured site that Is about goods, products or and included within the "products services for the purposes of Inducing the . completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" . or widespread public.distribution. "property damage" included within the However, "advertisement"does not include: "products-completed operations a. The design, printed material, Information hazard". or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this Insurance products;or does not apply to "bodily Injury", "property b, An interactive conversation between or damage" or "personal an advertising injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and Includes the more drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, traller or drawings and specifications;or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, Including any attached machinery or or engineering activities. equipment. But "auto" does not Include 10. Additional Insured — Co-Owner Of Insured "mobile equipment". Premises 5. "Bodily injury"means physical: WHO IS AN INSURED under Section C. Is a. Injury; amended to include as an additional Insured b. Sickness;or the person(s) or Organization(s) shown In the c. Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above,mental anguish or death at any time. premises shown In the Declarations. G. "Coverage territory"means: BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including Its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included In a.above; b. Your fulfilling the terms of the contract or c: All other parts of the world If the Injury or agreement. damage arises out of: 12. "Insured contract" means: (1) Goods or products made or sold by you a. A contract for a lease of premises. in the territory described in a.above; However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any Is In the territory described in a, person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business;or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D.— Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad; 7 "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except In a. Stored as or on; connection with work fora municipality; b. Created or used on; or e. An elevator maintenance agreement;or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (Including an indeimniflcatlon of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment, party to pay for"bodily injury" or "property damage" to a third person or organization, 8. "Employee" includes a "leased wrkei dprovided amage" he "bsedilyninjury" wh le or in"prpartoperty "Employee" does not include a "temporary worker", you or by those acting on your behalf. 9 "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, a. It incorporates "your product" or"your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient, inadequate or dangerous;or that pail of any contract or agreement; r-m-m-qc nn (In 113 nF Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, (1) Power cranes, shovels," loaders, engineer or surveyor" for injury or diggers or drills;or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps; shop or rollers;. drawings, opinions, reports, e. Vehicles not described in a., b., c., .or d. surveys, field orders, .change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications;or permanently attached equipment of the (b) Giving directions or instructions, following types; or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the Injury or ' generators, including spraying, damage;or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment;or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the .insured's used to raise or lower workers; rendering or failure to render f. Vehicles not described In a., b., c., or d. professional services, Including those listed In, (1)-above and, supervisory, above maintained_ primarily for purposes Inspection, architectural or other than the transportation of persons or engineering activities, , cargo. "-y or 13. "Leased worker". means a person leased to However, self-propell2-d"vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not 'bobile equipment but firm, to perform duties related to th'e conduct of. will be considered' "autos": your business. "Leased worker" does not (1) Equipment, of-at least 1,000 pounds Include a "temporary worker". grass vehicle " ;;weight, designed 14. "Loading or unloading" means the handling of primarilyfor: property: (a) Snow removal;'' a. After it Is moved from the place where it Is (b) Road maintenance, but not accepted for movement Into or onto an construction or resurfacing;or aircraft,watercraft or"auto"; (c) Street cleaning; b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck e. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or"auto"to the place where it is workers;and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto". well servicing equipment. 15 "Mobile equipment"means any of the following 16. "Occurrence" means an accident, including types of land vehicles, Including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers; farm machinery, forklifts and 17. "Personal and advertising Injury" means injury, other vehicles designed for use principally including consequential "bodily Injury", arising off public roads; out of one or more of the following offenses: b. Vehicles maintained for use solely on or a. False arrest,detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; d. Vehicles,whether self-propelled or not, on which are permanently mounted: BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service,maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business Includes the material that slanders or libels a person or selling, handling or distribution of "your' organization or disparages a person's or product"for consumption on premises you organization's goods, products or services; own or rent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or material that violates a person's right of "property damage"arising out of: privacy; (1) The transportation of property, unless f. Copying, in your "advertisement", a the Injury or damage arises out of a person's or organization's "advertising condition In or on a vehicle not owned idea"or style of"advertisement"; or operated by you, and that condition g. Infringement of copyright,slogan,or title of was created by the "loading or any literary or artistic work, In your unloading" of that vehicle by any "advertisement"; or insured; or h. Discrimination or humillation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials. 18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage"means: thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor,soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property, All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the 19. "Products-completed operations hazard"; physical injury that caused it; or a. Includes all "bodily Injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use. you own or rent and arising out of "your shall be deemed to occur at the time of product" or"your work" except: "occurrence"that caused it. (1) Products that are still in your physical As used In this definition, "electronic data" Is possession; or not tangible property. (2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of"bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. (a) When all of the work called for In "Suit" Includes: your contract has been completed. a. An arbitration proceeding in which such (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if Insured must submit or does submit with your contract calls for work at our consent; or more than one job site, b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are a job site has been put to its claimed and to which the insured submits intended use by any person or with our consent. organization other than another 22. "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your"employee"; I qq on nR nn.na Paue 23 of 24 III BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you;and c. Does not Include vending machines or d. Is not paid a fee, salary or other other property rented,to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work": 24. "Your product": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products;other than real or on your behalf;and property, manufactured,sold,handled, (2) Materials, parts or equipment distributed or disposed of by: furnished In connection with such work (a) You; or operations. (b) Others trading under your name•, b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired;and of"your work";and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment - warnings or insti uctions. furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product";and i i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM This coverage is subject to all provisions in the moved from the place where they are BUSINESS LIABILITY COVERAGE FORM not accepted by the"insured"for movement into expressly modified herein: or onto the covered "auto";or c. After the "pollutants" or any property in A. Amended Coverage: which the "pollutants" are contained are Coverage is extended to "bodily injury and moved from the covered "auto"to the place "property dams e" ended out of the use injury' a "hired where they are finally delivered, disposed of g g or abandoned by the"insured". auto"and "hon-owned auto". B. Paragraph B. EXCLUSIONS is amended as Paragraph a. above does not apply to fuels, follows: lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or 1. Exclusion g. Aircraft, Auto or Watercraft does result from the normal electrical, hydraulic not apply to a "hired auto" or a "non-owned or mechanical functioning of the covered auto". "auto"or Its parts, if: 2. Exclusion o. Employers Liability does not (1) The "pollutants" escape, seep, migrate, apply to "bodily injury" to domestic "employees" or are discharged or released directly not entitled to workers' compensation benefits from an "auto" part designed by its or to liability assumed by the "insured" under an manufacturer to hold, store, receive, or "Insured contract". dispose of such "pollutants"; and 3. Exclusion f. Pollution is replaced by the (2) The "bodily injury" and "property following: damage" does not arise out of the "Bodily injury" or "property damage" arising out operation of any equipmeht listed in of the actual, alleged or threatened discharge, paragraphs 15.b. and 15.c, of the dispersal, seepage, migration, release or definition of"mobile equipment". escape of"pollutants": Paragraphs b. and c. above do not apply to a. That are, or that are contained in any "accidents" that occur away from premises property that Is: owned by or rented to an "insured with (1) Being transported or towed by, handled, respect to "pollutants" not in or upon a covered "auto"if: or handled for movement Into, onto or from, the covered "auto"; (1) The "pollutants" or any property in (2) Otherwise in the course of transit by or which the "pollutants" are contained are on behalf of the"Insured"; or upset, overturned or damaged as a result of the maintenance or use of a (3) Being stored, disposed of, treated or covered "auto"; and processed in or upon the covered "auto". b. Before the "pollutants" or any property in which the "pollutants" are contained are Form SS 04 38 09 09 Page 1 of 3 © 2009,The Hartford (Includes copyrighted material of ISO Properties, Inc.,with its permission) (2) The discharge, dispersal, seepage, company)for an "auto"owned by or her migration, release or escape of the or a member of his or her household. "pollutants" Is caused directly by such d. Anyone liable for the conduct of an "Insured" upset,overturn or damage as a result of described above but only to the extent of that the maintenance or use of a covered liability. "auto". D. With respect to the operation of a "hired auto" and 4. With respect to this coverage, the following "non-owned auto", the following additional additional exclusions apply: conditions apply: a. Fellow employee 1. OTHER INSURANCE Coverage does not apply to "bodily injury"to a. Except for any liability assumed under an any fellow "employee" of the "insured" "Insured contract"the insurance provided by arising out of the operation of an "auto" this Coverage Form is excess over any owned by the "insured" in the course of the other collectible insurance. fellow"employee's"employment. b. Care,custody control However, if your business is the selling, y or servicing, repairing, parking or storage of Coverage does not apply to "property "autos", the insurance provided by this damage" Involving property owned or endorsement is primary when covered transported by the "insured" or In the "bodily injury" or "property damage" arises "insured's"care, custody or control. out of the operation of a customer's "auto" C. With respect to "hired auto" and "non-owned auto" by you or your"employee". coverage, Paragraph C. WHO IS AN INSURED is b. When this Coverage Form and any other deleted and replaced by the following: Coverage Form or policy covers on the The;following are"insureds": same basis, either excess or primary, we a. You, will pay only our share. Our share is the proportion that the Limit of Insurance of our b. Your "employee" while using with your Coverage Form bears to the total of the permission: limits of all the Coverage Forms and policies (1) An "auto"you hire or borrow;or covering on the same basis. (2) An "auto" you don't own, hire or borrow In 2. TWO OR MORE COVERAGE FORMS OR your business or personal affairs;or POLICIES ISSUED BY US (3) An "auto" hired or rented by your If the Coverage Form and any other Coverage "employee" on your behalf and at your Form or policy issued to you by us or any direction. company affiliated with us apply to the same c. Anyone else while using a "hired auto" or"non- "accident", the aggregate maximum Limit of owned auto"with your permission except: Insurance under all the Coverage Forms or policies shall not exceed the highest applicable (1) The owner or anyone else from whom you Limit of Insurance under any one Coverage hire or borrow an "auto". Form or policy. This condition does not apply to (2) Someone using an auto while he or she Is any Coverage Farm or policy issued by us or an working in a business of selling, servicing, affiliated company specifically to apply as repairing, parking or storing "autos" unless excess insurance over this Coverage Form. that business is yours. E. The following definitions are added: (3) Anyone other than your "employees", G. LIABILITY AND MEDICAL EXPENSES partners (If you are a partnership), members DEFINITIONS: (if you are a limited liability company), or a 1. "Hired auto" means any "auto" you lease, lessee or borrower or any of their hire, rent or borrow. This does not include "employees", while moving property to or any auto you lease, hire, rent or borrow from an "auto". from any of your"employees", your partners (4) A partner (if you are a partnership), or a (if you are a partnership), members (if you member (if you are a limited liability are a limited liability company), Page 2 of 3 Form SS 04 38 09 09 or your "executive officers" or members of their households. This does not include a long-term leased "auto" that you insure as an owned "auto" under any other auto liability insurance policy or a temporary substitute for an "auto" you own that is out of service because of its breakdown, repair, servicing or destruction. 2. "Non-owned auto " means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business, This includes: a. "Autos" owned by your "employees" your partners (if you are a partnership), members (if you are a limited liability company), or your "executive officers", or members of their households, but only while used in your business or your personal affairs. b. Customer's "auto" that is In your care, custody or control for service. L Form SS 04 38 09 09 Page 3 of 3 REQUEST FOR MAYOR'S SIGNATURE KEAI f Please Fill in All Applicable Boxes i f viewed by Director �J Originator's Name: Paul Kuehne Dept/Div.. Engineering Extension: 5543 Date Sent: roh4hs Date Re uired: l lad/1= Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/14 VENDOR: Jason Engineering & Consulting DATE OF COUNCIL APPROVAL: N/A Business, Inc. __ -- ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable-_ Brief Explanation of Document: The attached Amendment No. 1 is necessary for Jason Engineering to sample additional imported materials to evaluate and confirm specification requirements for the project. t i •. .s iax.. i N .J J::a.lq( All Contracts Must Be Routed Through The Law Department (This area tc be completed by:the Law Department) Received: Approval of Law Dept.: Law Dept. Comments: �, ,t ( a tt �ti fy i Date Forwarded to Mayor: ' Shaded Areas To Be Completed By Administration Staff �g — �_I G - Received: iv Recommendations and Comments: IIY0lEJK Disposition: f C 3 f 2 Date Returned: