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HomeMy WebLinkAboutPW13-268 - Original - Northwest Hydraulic Consultants, In - Contract - 12/16/2013 k N � Records Mngemeny KENT Document�� W ASHINGT N 1=f { { 5 CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Northwest Hydraulic Consultants Inc. Vendor Number: JD Edwards Number e Contract Number: IV This is assigned by City Clerk's Office Project Name: County Road 8 Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ 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: Kelly Casteel Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): The Consultant shall conduct analyses and mapping to amend the Hawley_Road_Levee CLOMR application by adding the County Road 8 Levee. a:i r S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT was rir�,o ' CONSULTANT SERVICES AGREEMENT between the City of Kent and Northwest Hydraulic Consultants Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Hydraulic Consultants Inc. organized under the laws of the State of Washington, located and doing business at 16300 Christensen Rd., Suite 350, Seattle, WA 98188-3422, Phone: (206) 241-6000/Fax: (206) 439-2420, Contact: Vaughn Collins (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall conduct analyses and mapping to amend the Hawley Road Levee CLOMR application by adding the County Road 8 Levee. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighteen Thousand, One Hundred Ninety Four Dollars ($18,194.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including reasonable legal costs and attorney fees, only to the extent resulting from the Consultant's negligent performance of this Agreement. The City shall indemnify the Consultant to the extent that injuries and damages are caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24,115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work t CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. I B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over $10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: (signature) (signature) Print Name: t � . + Pnt am uzette Cooke Its Its Ma or (title) DATE: l2 `3 DATE: /,7—/ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Vaughn Collins Timothy J. LaPorte, P.E. Northwest Hydraulic Consultants Inc. City of Kent 16300 Christensen Road, Suite 350 220 Fourth Avenue South Seattle, WA 98188-3422 Kent, WA 98032 (206) 241-6000 (telephone) (253) 856-5500 (telephone) (206) 439-2420 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ` NHC-C.Rd 8/Casteel CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: L a woit Out 45 ji I Il bJ1 �!C , Title: il s,,:frtt tta aw"�a- tl..a.� r Date: fit, 2� EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. �I i I EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: I EEO COMPLIANCE DOCUMENTS - 3 I EXHIBIT A SCOPE OF WORK AMENDMENT TO HAWLEY ROAD CLOMR APPLICATION - COUNTY ROAD 8 EXTENSION DESCRIPTION OF WORK 1 PROJECT OBJECTIVES The objective of this amendment is to conduct additional analyses and mapping necessary to add County Road 8 and the SR 167 and SR616 highway abutments to the existing Hawley Road CLOMR submittal. TASKS ITEMS, AND WORK PRODUCTS NHC shall furnish all services and labor necessary to complete the following tasks. Based on inspection of existing model outputs and plans provided by the City it is assumed no additional riverine modeling runs are required. � I Support for Geotechnical Analysis: NHC will provide hydraulic information and support for GeoEngineers in their analysis of levee stability. It is assumed that existing information will be sufficient for this task as the County Road 8 extension is setback from the River and other areas have been previously analyzed. NHC will also assist in modification to the MT-2 form being prepared by GeoEngineers and the City, Interior Drainage Analysis: NHC will update and modify the existing Hawley Road/Foster Park interior drainage analysis as necessary to reflect the proposed County Road 8 extension. It is assumed the previous methods used will prove sufficient for updating of the analysis. Annotated FIRM and Work Maps: The Hawley Road annotated FIRMS and work maps will be updated to reflect changes due to the revised interior drainage analysis. Deliverables: A new CLOMR hydraulic submittal package will be prepared following the standard deliverable format submitted in prior CLOMRs. This includes updated maps and reports, GIS files, and model files. i Proposed Staff: The Principal-in-Charge will be Mr. Todd Bennett. Mr. Vaughn Collins will serve as project manager and senior engineer, and Alex Anderson and Sam Gould will serve as engineers. NHC may utilize other staff as needed. Schedule: NHC and Kent shall jointly agree to a schedule for each deliverable. Cost; Costs shall be billed on a Time & Materials basis, and total charges shall not exceed $18,194. Hawley Road CLOMR—County Road 8 Amendment October 31, 2013 i i v � o N N N N 3 i 5 -o N'NINN 5ID N � s tl y c JN N N N N g 8 Q a N CO I N O p p 3 3 e 5 eP C EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VIL, E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. I i I �I NOR4000 OP ID: NN ♦� ® CERTIFICATE OF LIABILITY INSURANCE OATE(M8/2013 06/2 /2D13 -UIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I 2TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ..GLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . '.. CONTACT PRODUCER Phone:206.632.1433 NAME: Griffith Insurance Group,Inc. F PHONE Fax:206.365-0699 PO BOX 27167 {A/C,No,E.I) to/D No): 12354 Lake City Way NE EMAIL . Seattle,WA 98125 AoogEss: Mike Griffith _ INSURER(S)AFFORDING COVERAGE _ NAIC N INSURER A:Tile Hartford Casualty Ins Co INSURED Northwest Hydraulic INSURER a: Consultants, Inc. - - -- 16300 Christensen Rd#350 INSURERC: Tukwila,WA 98188 INSURER D: INSURER E: INSURER F: i. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 'I HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS '.. CERNFICATE MAY BE ISSUED OR MAY PER PAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMI rS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - -- BR _. I POLICY EFF POLICY EXP LTR TYPE OF INSURANCE a POLICY NUTABER MMIDDIYYYY MMIDD/YYYY LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY ,52UUNPX0936 06/30/2013 06f3012014 E' 5EEToR EoNTuEsD - -_ — $ 300,000 CLAIMS-MADE Cl OCCUR r.BNA 'Any oneperson)_ $ 10,000 L&ADV INJ $ 1,000,000 X WA Stop Gap AGGREGATE $ 2,000,000 GEN'LAGGREGArF.LIMIT APPLIES PER: S-COMP" AGG $ 2,000,000 POLICY JEC I LOG I $ ,UTOMOBILE LIABILITY Ise aB d,ml)NED SINGLE LIMIT 1,000,000 Ea accltlan0 _. A X ANYAUTO 52UUNPX0936 06130/2013 06130/2014 BODILY INJURY(Par person) 5 ALL OWNED SCHEDULED BODILY INJURY(Par accident) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident) F X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CIAIMS�MADE 52XHUUS3412 OW30120'13 06/30/2014 AGGREGATE $ 5,000.000 DED I X I RETENTION$ 10,000 1 - $ WORAND KERS COMPENSA'BON WC SLIMIT 10'!H- 'I ORY LIMITS FFICEta LOYEH5 EXCLULIABILDED? _Y7❑N INlA E.L.DISEASE-EA EMPLOYEE CR. ANY PROPRIETORIPARTNERIEXECUTIVF I E.1,EACH ACCIDENT $ (Mandator, Mandator,in E%CWDED9 ( ryln ) . ._LOPE $ If yes,describe under DESCRIP I ION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 A Properly Section 52UUNPX0936 E/ 06/30/2013 06130/2014 BPP 1,578,300 DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required( The certificate holder is listed as primary non contributory additional insured as pertains to the work and services performed by the named insured only per form MG 00 01 06 05. CERTIFICATE HOLDER CANCELLATION CITYKNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD NOR4000 OP ID: NN �f R CERTIFICATE OF LIABILITY INSURANCE DATUM/201ATE VV) 03112/2013 I CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS f(; rtTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements. PRODUCER Phone:206.632-1433 CONTACT Griffith Insurance Group,Inc. Fax:206.632-0878 Arc NE Exf: FMC AXNo): 3841 Aurora Ave N Suite 100 AID Seattle,WA 98103 ADDRESS: _ Mike Griffith INSURERS AFFORDING COVERAGE NAICtl _ INSURER A:Evanston Insurance Company INSURED Northwest Hydraulic INSURER B: _ Consultants, Inc. INSURERC: 16300 Christensen Rd#350 Tukwila,WA 98188 INSURER D: INSURER E:_ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -- ADDL SUB - POLICYEFF POLICYEXP LIMITS LTR TYPE OF INSU RANCE V POLICY NUMBER MMIDDIYYYY MMIDOIYYVV GENERAL LIABILITY EACH OCCURRENCE $ _ D797iGETO RENTED COMMERCIAL GENERAL LIABILI IY PREMISES Ea occurrence $ -. CLAIMS-MADE ❑ OCCUR MED EXP(Any one person) $ _. PERSONAL&ADV INJURY $ _ GENERAL AGGREGATE $ .N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP_IOP AGO $ $ COMBINED SINGLE LIMIT POLICY IBC LOG AUTOMOBILE LIABILITY Eaeceidenl ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Peraccidenl) $ AUTOS AUOSNON0WNEp PROPERTY DAMAGE. $ HIREDAUTOS AUTOS Peraccidenl _ $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE _ $ UEU RETENTION.$ $ WORKERS COMPENSATION WC STATU- OTH- TORY LIMITS E _._. AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIM IEXECUTIVE � NIA E.L.EACH ACCIDENT __$ OFFICEREMBER EXCLUDED4 EL.DISEASE-EA EMPLOYEE $ IMandatory in NI I) — Ifyes,deseribcunder E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS belu,v A Professional Lia AE822856 03/12/2013 03/'19J2014 Occurance 2,000,000 DEDUCTIBLE-$50,000 Aggregate 3,000,000 li DESCRIPTION OP OPERATIONS I LOCATIONS I VEHICLES (Affaoh ACORD 101,Addlflonai Remarks Schedule,if moire space Is required) Those usual to the insured's operations. CERTIFICATE HOLDER CANCELLATION _ CITYKNT SI-IOUI_D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attrl: Nancy Yoshitake 220 4th Ave S ..__.__ AUTHORIZED REPRESENTATIVE Kent,WA 98032 '-"' a nnua Donn nnnnn nn GGllG nTlnnl All r n6:c rnenumrl Policy#: 52UUNPX0936 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage, Read (2) The "bodily injury" or "property damage" occurs the entire policy carefully to determine rights, duties and during the policy period; and what is and is not covered, (3) Prior to the policy period, no insured listed Throughout this policy the words "you"and "your" refer to under Paragraph 1, of Section II —Who Is An the Named Insured shown In the Declarations, and any Insured and no"employee"authorized by you to other person or organization qualifying as a Named give or receive notice of an "occurrence" or Insured under this policy. The words"we", "us" and "our" claim, knew that the "bodily injury" or "property refer to the stock insurance company member of The damage" had occurred, in whole or in pars, If Hartford providing this insurance, such a listed insured or authorized "employee" The word "insured" means any person or organization knew, prior to the policy period, that the "bodily qualifying as such under Section II—Who Is An Insured. injury" or"property damage" occurred, then any continuation, change or resumption of such Other words and phrases that appear In quotation marks "bodily injury" or "property damage" during or have special meaning. Refer to Section V—Definitions. after the policy period will be deemed to have SECTION I—COVERAGES been known prior to the policy period, COVERAGE A BODILY INJURY AND PROPERTY c. "Bodily injury" or"properly damage" will be deemed DAMAGE LIABILITY to have been known to have occurred at the 1. Insuring Agreement earliest time when any Insured listed under a. We will pay those sums that the insured becomes Paragraph 1. of Section 11 —Who Is An Insured or any employee" authorized by you to give or egally obligated to pay as damages because of receive notice of an "occurrence"or claim: "bodily injury" or 'property damage" to which this insurance applies. We will have the right and duly (1) Reports all, or any part, of the "bodily injury" or to defend the insured against any "suit" seeking "property damage"to us or any other Insurer; those damages. However, we will have no duty to (2) Receives a written or verbal demand or claim defend the insured against any "suit" seeking for damages because of the "bodily injury" or damages for"bodily Injury" or "property damage"to "property damage";or which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and (3) Becomes aware any other means that settle any claim or "suit"that may result, But; "bodily injury" or "property damage" has occurred or has begun to occur. (1) The amount we will pay for damages is limited d, Damages because of "bodily injury" include as described in Section Ifl — Limits Of damages claimed by any person or organization for Insurance;and care, loss of services or death resulting at any time (2) Our right and duty to defend ends when we from the "bodily injury", have used up the applicable limit of insurance in e, Incidental Medical Malpractice the payment of judgments or settlements under j Coverages A or B or medical expenses under (1) "Bodily injury" arising out of the rendering of or Coverage C, failure to render professional health care No other obligation or liability to pay sums or services as a physician, dentist, nurse, perform acts or services is covered unless explicitly emergency medical technician or paramedic shall be deemed to be caused by an provided for under Supplementary Payments "occurrence", bui only if: Coverages A and B. (a) The physician, dentist, nurse, emergency b. This insurance applies to "bodily injury' and "property damage"only if: medical technician or paramedic is employed by you to provide such services; (1) The "bodily injury" or 'property damage" is and caused by an "occurrence" that takes place in (b) You are not engaged in the business or the "coverage territory"; occupation of providing such services, HG 00 01 06 05 page 1 of I ©2005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) Policy#: 52UUNPX0936 (2) For the purpose of determining the limits of d. Workers'Compensation And Similar Laws insurance for incidental medical malpractice. Any obligation of the insured under a workers' any act or omission together with all related acts compensation, disability benefits or unemployment or omissions in the furnishing of these services compensation law or any similar law. to any one person will be considered one "occurrence", e. Employer's Liability 2. Exclusions "Bodily injury"to: This Insurance does not apply to: (1) An "employee" of the insured arising out of and in the course of: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or (a) Employment by the insured;or Intended from the standpoint of the insured. This (b) Performing duties related to the conduct of exclusion does not apply to "bodily injury" or the insured's business; or 11 property damage" resulting from the use of (2) The spouse, child, parent, brother or sister of reasonable force to protect persons or property. that "employee" as a consequence of b. Contractual Liability Paragraph (1) above. "Bodily injury" or "property damage" for which the This exclusion applies: insured is obligated to pay damages by reason of (1) Whether the insured may be liable as an the assumption of liability in a contract or employer or in any other capacity; and agreement. This exclusion does not apply to liability (2) To any obligation to share damages with or for damages: repay someone else who must pay damages (1) That the insured would have in the absence of because of the injury. the contract or agreement; or This exclusion does not apply to liability assumed (2) Assumed In a contract or agreement that is an by the insured under an"Insured contract". "Insured contract",provided the "bodily injury" or f, Pollution "property damage" occurs subsequent to the 1 "BodilyInjury" or "property dame e" arising out execution of the contract or agreement. Solely O g g for the purposes of liability assumed in an of the actual, alleged or threatened discharge, "Insured contract", reasonable attorney fees and dispersal, seepage, migration, release or necessary litigation expenses incurred by or for escape of"pollutants": a party other than an insured are deemed to be (a) At or from any premises, site or location damages because of "bodily Injury" or "property which is or was at any time owned or damage", provided: occupied by, or rented or loaned to, any (a) Uability to such party for, or for the cost of, insured. However, this subparagraph does that party's defense has also been assumed not apply to: in the same "insured contract'; and (i) "Bodily injury" if sustained within a (b) Such attorney fees and litlgation expenses building and caused by smoke, fumes, are for defense of that party against a civil or vapor or soot produced by or originating alternative dispute resolution proceeding in from equipment that is used to heat, cool which damages to which this insurance th dehumidify the building, or equipment applies are alleged, that is used heat water for personal use, by the building's lding's occupants or their c. Liquor Liability guests; "Bodily injury" or "property damage" for which any (11) "Bodily injury" or "property damage" for insured may be held liable by reason of: which you may be held liable, if you are a (1) Causing or contributing to the Intoxication of any contractor and the owner or lessee of person; such premises, site or location has been (2) The furnishing of alcoholic beverages 10 a added to your policy as an additional person under the legal drinking age or under the insured with respect to your ongoing Influence of alcohol;or operations performed for that additional Insured at that premises, site or location (3) Any statute, ordinance or regulation relating to and such premises, site or location is not the sale, gift, distribution or use of alcoholic and never was owned or occupied by, or beverages, rented or loaned to, any Insured, other This exclusion applies only If you are in the than that additional insured;or business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. Page 2 of 18 HG 00 0106 05 Policy#: 52 U U N PX0936 (it[) 'Bodily injury" or "property damage" (a) At or from any premises, site or location on arising out of heal, smoke or fumes from which any insured or any contractors or a"hostile fire"; subcontractors working directly or Indirectly (b) At or from any premises, site or location on any insured's behalf are performing which is or was at any time used by or for operations if the operations are to test for, any insured or others for the handling, monitor, clean up, remove, contain, treat, storage, disposal, processing or treatment of detoxify or neutralize, or in any way respond waste; to, or assess the effects of, "pollutants" (c) Which are or were at any time transported, (2) Any loss, cost or expense arising out of any: handled, stored, treated, disposed of, or (a) Request, demand, order or statutory or processed as waste by or for: regulatory requirement that any insured or (i) Any Insured; or others test for, monitor, clean up, remove, (If) Any person or organization for whom you contain, treat, detoxify or neutralize, or in may be legally responsible; any way respond to, or assess the effects of, "pollutants';or (d) At or from any premises, site or location on (b) Claim or suit by or on behalf of a which any insured or any contractors or governmental authority for damages subcontractors working directly or Indirectly because of testing for, monitoring, cleaning on any insured's behalf are performing operations if the "pollutants" are brought on up, removing, containing, treating, or to the premises, site or location in detoxifying or neutralizing, or in any way responding to, or assessing the effects of, connection with such operations by such insured, contractor or subcontractor. "pollutants However, this subparagraph does not apply However, this paragraph does not apply to to: liability for damages because of "property t "Bodily injury" or damage" that the Insured would have in the O y "property damage" absence of such request, demand, order or arising out of the escape of fuels, statutory or regulatory requirement, or such lubricants or other operating fluids which claim or"suit"by or on behalf of a governmental are needed to perform the normal authority. electrical, hydraulic or mechanical functions necessary for the operation of g• Aircraft,Auto Or Watercraft "mobile equipment" or its parts, if such "Bodily injury" or "property damage" arising out of fuels, lubricants or other operating fluids the ownership, maintenance, use or entrustment to escape from a vehicle part designed to others of any aircraft, "auto"or watercraft owned or hold, store or receive them, This operated by or rented or loaned to any Insured, Use exception does not apply if the "bodily includes operation and "loading or unloading", injury" or"property damage" arises out of This exclusion applies even if the claims against the intentional discharge, dispersal or any insured allege negligence or other wrongdoing release of the fuels, lubricants or other in the supervision, hiring, employment, training or l operating fluids, or if such fuels, monitoring of others by that insured, if the lubricants or other operating fluids are "occurrence" which caused the "bodily injury" or brought on or to the premises, site or "property damage" involved the ownership, location with the intent that they be maintenance, use or entrustment to others of any discharged, dispersed or released as part aircraft, "auto" or watercraft that is owned or such insured, contractor orr of the operations being performed b operated by or rented or loaned to any insured. subcontractor; This exclusion does not apply to; (ii) "Bodily injury" or "properly damage" (1) A watercraft while ashore on premises you own � sustained within a building and caused or rent; by the release of gases, fumes or vapors (2) A watercraft you do not own that is: from materials brought Into that building (a) Less than 51 feet long; and In connection with operations being b Not being used to car arsons for a performed by you or on your behalf by a O g carry P contractor or subcontractor;or charge; (111) "Bodily injury" or "property damage" (3) Parking an "auto" on, or on the ways next to, arising our of heat, smoke or fumes from premises you own or rent, provided the "auto"is a "hostile fire";or not owned by or rented or loaned to you or the insured; HG 00 01 06 05 Page 3 of is illl Policy#:52UUNPX0936 (4) Liability assumed under any "insured contract" working directly or indirectly on your behalf are for the ownership, maintenance or use of performing operations, if the "property damage" aircraft or watercraft; arises out of those operations; or (5) 'Bodlly Injury" or "property damage" arising out (6) That particular part of any property that must be of the operation of any of ilia equipment listed in restored, repaired or replaced because "your Paragraph 1.(2) or f.(3) of the definition of work"was incorrectly performed on it "mobile equipment"; or Paragraphs (1), (3) and (4) of this exclusion do not (6) An aircraft that is riot owned by any insured and apply to "property damage" (other than damage by Is hired, chartered or loaned with a paid crew, fire) to premises, including the contents of such However, this exception does not apply if the premises, rented to you for a period of 7 or fewer insured has any other Insurance for such"bodily consecutive days. A separate limit of insurance injury" or "property damage whether the other applies to Damage To Premises Rented To You as insurance Is primary, excess, contingent or on described In Section III— Limits Of Insurance. any other basis, Paragraph (2) of this exclusion does not apply if the h. Mobile Equipment premises are 'your work"and were never occupied, "Bodily injury"or"property damage"arising out of: rented or held for rental by you, (1) The transportation of "mobile equipment" by an Paragraphs (3) and (4) of this exclusion do not "auto"owned or operated by or rented or loaned apply to "property damage" arising from the use of to any insured; or elevators, (2) The use of "mobile equipment" in, or while In Paragraphs (3), (4), (5) and (6) of this exclusion do practice for, or while being prepared for, any not apply to liability assumed under a sidetrack prearranged racing, speed, demolition, or agreement, stunting activity. Paragraphs (3) and (4) of this exclusion do not i. War apply to "property damage"to borrowed equipment "Bodily injury" or "property da age", however while not being used to perform operations at the job site. caused, arising, directly or indirectly, out of; Paragraph (6) of this exclusion does not apply to (1) War,including undeclared or civil war; property damage included In the pr6ducts- (2) Warlike action by a military force, Including completed operations hazard". action In hindering or defending against an k. Damage To Your Product actual or expected attack, by any government, sovereign or other authority using military "Property damage"to "your product"arising out of H personnel or other agents; or or any part of it. (3) Insurrection, rebellion, revolution, usurped I. Damage To Your Work power, or action taken by governmental "Property damage"to"your work" arising out of it or authority in hindering or defending against any any part of It and Included In the "products- of these, completed operations hazard", j. Damage To Property This exclusion does not apply if the damaged work "Property damage"to: or the work out of which the damage arises was (1) Properly you own, rent,or occupy, including any performed on your behalf by a subcontractor, costs or expenses Incurred by you, or any ocher M. Damage To Impaired Property Or Property Not person, organization or entity, for repair, Physically Injured replacement, enhancement, restoration or "Property damage" to "Impaired property" or maintenance of such property for any reason, property that has not been physically injured, Including prevention of Injury to a person or arising out of: damage to another's property; (1) A defect, deficiency, inadequacy or dangerous (2) Premises you sell, give away or abandon, if the condition In"your product"or"your work"; or "property damage" arises out of any part of (2) A delay or failure by you or anyone acting on those premises; your behalf to perform a contract or agreement (3) Properly loaned to you; In accordance with Its terms. (4) Personal property In the care,custody or control This exclusion does not apply to the loss of use of of the insured; other property arising out of sudden and accidental (5) Thai particular part of real property on which physical injury to "your product" or"your work" after you or any contractors or subcontractors it has been put to its intended use, Page 4 of 18 HG 00 01 06 05 Policy#: 52UUN PX0936 n. Recall Of Products, Work Or Impaired kind to persons or property which would not Property have occurred in whole or in pad but for the Damages claimed for any loss, cost or expense "asbestos hazard"; incurred by you or others for the loss of use, (b) Arise out of any request, demand, order or withdrawal. recall, inspection, repair, replacement, statutory or regulatory requirement that any adjustment, removal or disposal of: insured or others test for, monitor, clean up, (1) "Your product remove, encapsulate, contain, treat, detoxify (2) "Your work";or or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; (3) "Impaired property"; or 4 such product, work, or property is withdrawn or (c) Arise out of any claim or suit for damages recalled from the market or from use by any person because of testing for, monitoring, cleaning or organization because of a known or suspected up, removing, encapsulating, containing, defect, deficiency, inadequacy or dangerous treating, detoxifying or neutralizing or in any condition in it, way responding to or assessing the effects o, Personal And Advertising Injury of an"asbestos hazard". "Bodily injury" arising out of "personal and Damage To Premises Rented To You — Exception advertising injury". For Damage By Fire, Lightning Or Explosion p. Electronic Data Exclusions c. through h. and J. through n, do not apply Damages arising out of the loss of, loss of use of, to damage by fire, lightning or explosion to premises damage to, corruption of, inability to access, or while rented to you or temporarily occupied by you with inability to manipulate electronic data, permission of the owner. A separate limit of Insurance applies to this coverage as described In Section III — As used in this exclusion, electronic data means Urnits Of Insurance. Information, facts or programs scored as or on, COVERAGE B PERSONAL AND ADVERTISING created or used on, or transmitted to or from INJURY LIABILITY computer software, including systems and applications software, hard or floppy disks, CD- 1. Insuring Agreement ROMS, tapes, drives, cells, data processing a. We will pay those sums that the insured becomes devices or any other media which are used with egally obligated to pay as damages because of electronically controlled equipment. "personal and advertising injury" to which this q, Employment-Related Practices Insurance applies. We will have the right and duly "Bodily injury"to: to defend the insured against any "suit" seeking those damages. However, we will have no duty to (1). A person arising out of any "employment— defend the insured against any "suit" seeking related practices"; or damages for "personal and advertising injury" to (2) The spouse, child, parent, brother or sister of which this insurance does not apply. We may, at that person as a consequence of "bodily Injury" our discretion, investigate any offense and settle to that person at whom any "employment- any claim or "suit"that may resull, But: related practices" are directed. (1) The amount we will pay for damages is limited This exclusion applies: as described in Section III — limits Of (1) Whether the insured may be liable as an Insurance;and employer or in any other capacity; and (2) Our right and duty to defend end when we have (2) To any obligation to share damages with or used up the applicable limit of insurance in the repay someone else who must pay damages payment of judgments or settlements under because of the injury, Coverages A or B or medical expenses under r. Asbestos Coverage C. "Bodily other obligation or liability to pay sums or (1) Bodily injury or "property damage arising out perform acts or services is covered unless explicitly of the"asbestos hazard", provided for under Supplementary Payments — (2) Any damages, judgments, settlements, loss, Coverages A and B. costs or expenses that: b. This insurance applies to "personal and advertising (a) May be awarded or incurred by reason of Injury" caused by an offense arising out of your any claim or suit alleging actual or business but only if the offense was committed in threatened injury or damage of any nature or the "coverage territory"during the policy period, HG 00 01 06 05 Page 5 of 18 Policy#: 52UUNPX0936 2. Exclusions (2) Slogan, unless the slogan is also a trademark, This insurance does not apply to: trade name, service mark or other designation a. Knowing Violation Of Rights Of Another of origin or authenticity; or "Personal and advertising injury" arising out of an (3) Title of any literary or artistic work. offense committed by, at the direction or with the j• Insureds In Media And Internet Type consent or acquiescence of the insured with the Businesses expectation of inflicting "personal and advertising "Personal and advertising injury" committed by an Injury", insured whose business is: b. Material Published With Knowledge Of Falsity (1) Advertising, broadcasting, publishing or "Personal and advertising injury" arising out of oral, telecasting; written or electronic publication of material, if done (2) Designing or determining content of web sites by or at the direction of the insured with knowledge for others;or of its falsity. (3) An Internet search, access, content or service c. Material Published Prior To Policy Period provider. "Personal and advertising Injury" arising out of oral, However, this exclusion does not apply to written or electronic publication of material whose Paragraphs 17.a., b. and c. of "personal and first publication took place before the beginning of advertising Injury"under the Definitions Section. the policy period. For the purposes of this exclusion, placing an d. Criminal Acts "advertisement"for or linking to others on your web Personal and advertising injury arising out of a site, by itself, is not considered the business of criminal act committed by or at the direction of the advertising, broadcasting, publishing or telecasting. insured. k. Electronic Chatrooms Or Bulletin Boards e, Contractual Liability "Personal and advertising injury" arising out of an "Personal and advertising Injury" for which the electronic chafroom or bulletin board the insured insured has assumed Ilablltty in a contract or hosts, owns, or over which the insured exercises agreement.This exclusion does not apply to liability control, for damages that the insured would have in the I. Unauthorized Use Of Another's Name or absence of the contract or agreement. Product f. Breach Of Contract "Personal and advertising injury" arising out of the "Personal and advertising injury" arising out of a unauthorized use of another's name or product in breach of contract, except an implied contract to use your e-mail other address, milar tdomainactics tname misor e{and s, or anothers advertising idea in your advertisement'. y g. Quality Or Performance Of Goods — Failure To potential customers. Conform To Statements m. Pollution "Personal and advertising Injury" arising out of the "Personal and advertlsing injury" arising out of the failure of goods, products or services 10 conform actual, alleged or threatened discharge, dispersal, with any statement of quality or performance made seepage, migration, release or escape of in your"advertisement". pollutants' at any time. h, Wrong Description Of Prices n. Pollution-Related "Personal and advertising injury" arising out of the Any loss,cost or expense arising out of any; wrong description of the price of goods, products or (1) Request, demand, order or statutory or services. regulatory requirement that any insured or 1. Infringement Of Intellectual Property Rights others test for, monitor, clean up, remove, contain, treat, detoxifv or neutralize, or in any "Personal and advertising injury" arising out of any way respond to, or assess the effects of, violation of any intellectual properly rights such as "pollutants';or copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin (2) Claim or suit by or on behalf of a governmental or authonllcity, authority for damages because of testing for, monitoring, cleaning up, removing, containing, However, this exclusion does not apply to treating, detoxifying or neutralizing, or in any infringement, in your"advertisement", of: way responding to, or assessing the effects of, (1) Copyright; "pollutants". Page 6 of 18 HG 00 01 06 05 Policy 4: 52UUNPX0936 o. War (2) The spouse, child, parent, brother or sister of "Personal and advertising injury", however caused, that person as a consequence of "personal and arising, directly or indirectly,out of: advertising Injury" to that person at whom any (1) War,Including undeclared or civil war; "am ploymeni-related practices"are directed, (2) Warlike action by a military force, including This exclusion applies: action in hindering or defending against an (1) Whether the insured may he liable as an actual or expected attack, by any government, employer or in any other capacity; and sovereign or other authority using military (2) To any obligation to share damages with or personnel or other agents; or repay someone else who must pay damages (3) Insurrection, rebellion, revolution, usurped power, because of the injury. or action taken by governmental authority in v. Asbestos hindering or defending against any of these. (1) "Personal and advertising injury" arising out of p. Internet Advertisements And Content Of Others the "asbestos hazard". "Personal and advertising injury"arising out of: (2) Any damages, judgments, settlements, loss, (1) An"advertisement"for others on your web site; costs or expenses that; (2) Placing a link to a web site of others on your (a) May be awarded or incurred by reason of web site; any claim or suit alleging actual or (3) Content, including information, sounds, text, threatened injury or damage of any nature or kind to persons or holeproperty which would not graphics, or Images from a web site of others have occurred in whole or in pan but for the displayed within a frame or border on your web "asbestos hazard"; Mir; or (4) Computer code, software or programming used (b) Arise out of any request, demand, order or statutory or regulatory requirement that any to enable: insured or others test for, monitor, clean up, (a) Your web site; or remove, encapsulate, contain, treat, detoxify (b) The presentation or functionality of an or neutralize or In any way respond to or "advertisement" or other content on your assess the effects of an "asbestos hazard"; web site, or q. Right Of Privacy Created By statute (c) Arise out of any claim or suit for damages "Personal and advertising Injury" arising out of the because of testing for, monitoring, cleaning violation of a person's right of privacy created by up, removing, encapsulating, containing, any state or federal act. treating, detoxifying or neutralizing or in any way responding to or assessing the effects However, this exclusion does not apply to liability of an"asbestos hazard" for damages that the insured would have in the COVERAGE C MEDICAL PAYMENTS absence of such state or federal act, r. Violation Of Anti-Trust law 1. Insuring Agreement a. We will pay medical expenses as described below violation of any anti-trust l la"Personal and advertising injury" arising out of a for"bodily injury"caused by an accident: aw, s. Securities (1) On premises you own or rent; "Personal and advertising injury" arising out of the (2) On ways next to premises you own or rent; or fluctuation In price or value of any stocks, bonds or (3) Because of your operations; other securities. provided that: t. Discrimination Or Humiliation (1) The accident takes place in the "coverage "Personal and advertising Injury" arising out of territory"and during the policy period; discrimination or humiliation committed by or at the (2) The expenses are incurred and reported to us direction of any "executive officer", director, within three years of the date of the accident; stockholder, partner or member of the insured. and u. Employment-Related Practices (3) The injured person submits to examination, at "Personal and advertising injury"to: our expense, by physicians of our choice as (1) A person arising out of any "employment- often as we reasonably require. related practices"; or i HG 00 01 06 05 Page 7 of 18 PolicV#:52UUNPX0936 b, We will make these payments regardless of fault. e. All costs taxed against the insured in the"suit". These payments will not exceed the applicable limit 1. Prejudgment interest awarded against the insured of Insurance.We will pay reasonable expenses for: on that part of the judgment we pay. If we make an (1) First aid administered at the time of an accident; offer to pay the applicable limit of insurance,we will (2) Necessary medical, surgical, x-ray and dental not pay any prejudgment interest based on that services, Including prosthetic devices; and period of time after the offer. (3) Necessary ambulance, hospital, professional g• All interest on the full amount of any judgment that nursing and funeral services. accrues after entry of the judgment and before we 2, Exclusions have paid, offered to pay, or deposited in court the part of the judgment that Is within the applicable We will not pay expenses for"bodily injury": limit of insurance, a. Any Insured These payments will not reduce the limits of insurance. To any insured, except "volunteer workers", 2, If we defend an insured against a "suit" and an b. Hired Person indemntee of the insured Is also named as a party to To a person hired to do work for or on behalf of any the "suit", we will defend that Indemnitee if all of the insured person a tenant of any Insured. following conditions are met; c, injury On Normally Occupied Promises a. The "suit" against the indemnitee seeks damages for which the insured has assumed ihe'llabilKy of To a person injured on that part of premises you the indemnitee in a contract or agreement that is an own or rent that the person normally occupies. "insured contract"; d. Workers Compensation And Similar Laws b, This Insurance applies to such liability assumed by To a person, whether or not an "employee" of any the insured; insured, If benefits for the "bodily injury" are payable c, The obligation to defend, or the cost of the defense or must be provided under a workers' compensation of,that indemnitee, has also been assumed by the or disability benefits law or a similar law, insured in the same "insured contract"; e. Athletics Activities d. The allegations in the "suit" and the information we To a person injured while practicing, instructing or know about the "occurrence" are such that no participating in any physical exercises or games, conflict appears to exist between the interests of sports, or athletic contests, the insured and the interests of the Indemnitee; 1. Products-Completed Operations Hazard e. The Indemnitee and the insured ask us to conduct and control the defense of that indemnitee against Included within the "products-completed operations hazard", such suit and agree that we can assign the same counsel to defend the Insured and the indemnitee; g, coverage A Exclusions and Excluded under Coverage A, f, The Indemnitee; SUPPLEMENTARY PAYMENTS — COVERAGES (1) Agrees in writing to! A AND B (a) Cooperate with us in the Investigation, 1. We will pay,with respect to any claim we Investigate or settlement or defense of the"suit"; settle,or any"suit"against an insured we defend; (b) Immediately send us copies of any a. All expenses we incur, demands, notices, summonses or legal b. Up to $1,000 for cost of bail bonds required papers received in connection with the "suit"; because of accidents or traffic law violations arising (c) Notify any other Insurer whose coverage Is out of the use of any vehicle to which the Bodily available to the indemnitee;and Injury Liability Coverage applies. We do not have (d) Cooperate with us with respect to to furnish these bonds, coordinating other applicablo insurance c. The cost of appeal bonds or bonds to release available to the Indemnitee;and attachments, but only for bond amounts within the (2) Provides us whh written authorization to: applicable limit of Insurance. We do not have to furnish these bonds, (a) Obtain records and other information related d. All reasonable expenses incurred by the insured at to the"suit"; and our request to assist us In the investigation or (b) Conduct and control the defense of the defense of the claim or "sult", including actual loss Indemnitee in such "suit", of earnings up to $500 a day because of time off So long as the above conditions are met, attorneys' from work. fees Incurred by us in the defense of that indemnitee, Page 8 of 16 HG 00 01 06 05 Policy#: 52UUNPX0936 necessary litigation expenses incurred by us and However, none of these "employees" or "volunteer necessary litigation expenses incurred by the workers"are insureds for: indemnitee at our request will be paid as „ Supplementary Payments. Notwithstanding the (1) "Bodily injury or 'personal and advertising provisions of Paragraph 2.b,(2) of Section I -- injury Coverage A — Bodily Injury And Properly Damage (a) To you, to your partners or members (if you Liability, such payments will not be deemed to be are a partnership or joint venture), 10 your damages for"bodily injury" and "property damage"and members (if you are a limited liability will not reduce the limits of insurance, company), to a co-"employee" while in the course of his or her employment or Our obligation to defend an insured's Indemnitee and performing duties related to the conduct of to pay for attorneys' fees and necessary litigation your business, or to your other "volunteer expenses as Supplementary Payments ends when: workers" while performing duties related to a. We have used up the applicable limit of insurance the conduct of your business; in the payment of judgments or settlements;or (b) To the spouse,child, parent, brother or sister b. The conditions set forth above, or the terms of the of that co-"employee" or that "volunteer agreement described in Paragraph f. above, are no worker" as a consequence of Paragraph longer met. ('I)(a)above; SECTION II—WHO IS AN INSURED (c) For which there is any obligation to share 1. If you are designated in the Declarations as: damages with or repay someone else who a. An Individual, you and your spouse are Insureds, must pay damages because of the injury described In Paragraphs (1)(a) or (h) above; but only with respect to the conduct of a business or of which you are the sole owner. b. A partnership or joint venture, you are an insured. (d) Arising out his or her providing r failing to Your members, your partners, and their spouses provide professional health care services. are also insureds, but only with respect to the If you are not in the business of providing conduct of your business. professional health care services, Paragraph (d) C. A limited liability company, you are an insured. does not apply to any nurse, emergency medical technician or paramedic employed by Your members are also Insureds, but only with you to provide such services. respect to the conduct of your business. Your managers are insureds, but only with respect to (2) Property damage"to property: their dukes as your managers, (a) Owned, occupied or used by, d. An organization other than a partnership, joint (b) Rented to, in the care, custody or control of, venture or limited liability company, you are an or over which physical control Is being insured. Your "executive officers" and directors are exercised for any purpose by insureds, but only with respect to their duties as you, any of your "employees" "volunteer your officers or directors, Your stockholders are workers", any partner or member (if you are a also insureds, but only with respect to their liability partnership or joint venture), or any member (If as stockholders, you are a limited liability company). e. A trust, you are an insured, Your trustees are also b. Real Estate Manager insureds, but only with respect to their duties as trustees. Any person (other than your "employee" or "volunteer worker"), or any organization while 2, Each of the following is also an insured: acting as your real estate manager. a. Employees and Volunteer workers c. Temporary Custodians of Your Property Your "volunteer workers" only while performing Any person or organization having proper duties related to the conduct of your business, or temporary custody of your property If you die, but your"employees", other fl'ian either your "executive only: officers" (if you are an organization other than a partnership, joint venture or limited liability (1) With respect to liability arising out of the company) or your managers (if you are a limited maintenance or use of that property; and liability company), but only for acts within the scope (2) Until your legal representative has been of their employment by you or while performing appointed. duties related to the conduct of your business d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will HG 00 01 06 06 Page 9 of 18 Policy#: 52UUNPX0936 have all your rights and duties under this Coverage S. Nonowned Watercraft Part. With respect to watercraft you do not own that is less e. Unnamed Subsidiary than 51 feet long and is not being used to carry Any subsidiary, and subsidiary thereof, of yours persons for a charge, any person is an insured while which is a legally Incorporated entity of which you operating such watercraft with your permission. Any own a financial interest of more than 6091, of the other person or organization responsible for the voting stock on the effective date of the Coverage conduct of such person is also an insured, but only Part, with respect to liability arising out of the operation of The Insurance afforded herein for any subsidiary the watercraft, and only if no other insurance of any not named in this Coverage Part as a named kind is available to that person or organization for this liability, insured does not apply to Injury or damage with respect to which an insured under this Coverage However, no person or organization is an insured with Part is also an insured under another policy or respect to: would be an insured under such policy but for its a. "Bodily Injury" to a co-"employee" of the person termination or ilia exhaustion of its limits of operating the watercraft;or insurance, b. "Property damage"to property owned by, rented to, 3. Newly Acquired or Formed Organization in the charge of or occupied byyou or the employer Any organization you newly acquire or form,other than of any person who is an insured under this a partnership, joint venture or limited liability company, provision. and over which you maintain financial interest of more 6. Additional Insureds When Required By Written than 50% of the voting stock, will qualify as a Named Contract, Written Agreement Or Permit Insured if there is no other similar insurance available The following person(s) or organizations) are an to that organization, However additional insured when you have agreed, In a written a. Coverage under this provision Is afforded only until contract, written agreement or because of a permit the 180th day after you acquire or form the issued by a state or political subdivision, that such organization or the and of the policy period, person or organization be added as an additional whichever is earlier; insured on your policy, provided the injury or damage b, Coverage A does not apply to "bodily injury" or occurs subsequent to the execution of the contract or "property damage" that occurred before you agreement. acquired or formed the organization;and A person or organizatlon is an additional insured under c. Coverage B does not apply to "personal and, this provision only for that period of time required by advertising injury" arising oul of an offense the contract or agreement. committed before you acquired or formed the However, no such person or organization is an insured organization, under this provision if such person or organization is 4. Mobile Equipment included as an insured by an endorsement issued by With respect to "mobile equipment" registered in your us and made a part of this Coverage Part. name under any motor vehicle registration law, any a. Vendors person Is an insured while driving such equipment Any person(s) or organizatlon(s) (referred to below along a public highway with your permission.Any other as vendor), but only with respect to "bodily injury" person or organization responsible for the conduct of or "property damage" arising out of"your products" such person is also an insured, but only with respect is which are distributed or sold in the regular course liability arising out of the operation of the equipment, of the vendor's business and only if this Coverage and only if no other insurance of any kind is available Part provides coverage for "bodily injury" or to that person or organization for this liability. However, "property damage" included within the 'products- no person or organization is an insured with respect to: completed operations hazard" a "Bodily injury" to a co-"employee" of the person (1) The insurance afforded the vendor Is subject to driving the equipment; or the following additional exclusions; h, "Property damage"to property owned by, rented to, This insurance does not apply to: In the charge of or occupied by you or the employer (a) "Bodily injury" or "property damage" for of any person who is an insured under this which the vendor is obligated to pay provision. damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Page 10 of 18 HG 00 01 06 06 Policy#: 52UUNPX0936 (b) Any express warranty unauthorized by you; c. Lessors of Land or Premises (c) Any physical or chemical change in the Any person or organization from whom you lease product made intentionally by the vendor; land or premises, but only with respect to liability (d) Repackaging, except when unpacked solely arising out of the ownership, maintenance or use of for the purpose of inspection, demonstration, that part of the land or premises leased to you, testing, or the substitution of parts under With respect to the insurance afforded these instructions from the manufacturer, and then additional insureds the following additional repackaged in the original container; exclusions apply: (a) Any failure to make such inspections, This insurance does not apply to: adjustments, tests or servicing as the vendor 1, Any "occurrence" which takes place after you has agreed to make or normally underlakes cease to lease that land; or 10 make in the usual course of business, in connection with the distribution or sale of the 2. Structural alterations, new construction or products; demolition operations performed by or on behalf (f) Demonstration, installation, servicing or of such person or organization. repair operations, except such operations d. Architects, Engineers or Surveyors performed at the vendor's premises in Any architect, engineer, or surveyor, but only with connection with the sale of the product; respect to liability for "bodily injury", "property (g) Products which, after distribution or sale by damage" or "personal and advertising injury" you, have been labeled or relabeled or used caused, in whole or in part, by your acts or as a container, part or ingredient of any omissions or the acts or omissions of those acting other thing or substance by or for the on your behalf: vendor;or (1) In connection with your premises;or (h) "Bodily injury" or "property damage" arising (2) In the performance of your ongoing operations out of the sole negligence of the vendor for performed by you or on your behalf. its own acts or omissions or those of its With respect to the insurance afforded these employees or anyone else acting on its behalf, However, this exclusion does not additional insureds, the following additional exclusion applies: apply to: This Insurance does not apply to "bodily injury", (1)The exceptions contained in Sub- "property damage" or "personal and advertising paragraphs (d)or(f);or injury" arising out of the rendering of or the failure (N) Such inspections, adjustments, tests or to render any professional services by or for you, servicing as the vendor has agreed to including: make or normally undertakes to make in 1, The preparing, approving, or failing 10 prepare the usual course of business, in or approve, maps, shop drawings, opinions, connection with the distribution or sale of reports, surveys, field orders, change orders or the products. drawings and specifications; or (2) This insurance does not apply to any insured 2. Supervisory, inspection, architectural or person or organization, from whom you have engineering activities. acquired such products, or any ingredient, part its erm P Issued R State Or Political or container, entering into, accompanying or e. ermivisfoIs y containing such products, b. Lessors of Equipment Any state or political subdivision, but only with respect to operations performed by you or on your (1) Any person or organization from whom you behalf for which the slate or political subdivision lease equipment; but only with respect to their has issued a permit. liability for bodily injury , properly damage or With respect to the insurance afforded these personal and advertising Injury" caused, in additional insureds, this insurance does not a whole or in part, by your maintenance, operation apply or use of equipment leased to you by such to: person or organization, (1) "Bodily injury" "property damage" or "personal (2) With respect to the insurance afforded to these and advertising injury" arising out of operations additional insureds this Insurance does not performed for the state or municipality;or apply to any "occurrence" which lakes place (2) "Bodily injury" or "property damage" included after the equipment lease expires, within the "products-completed operations hazard". HG 00 01 06 05 Page 11 of 18 l Policy#:52UUNPX0936 f. Any Other Parry c. Persons or organizations making claims or bringing Any other person or organization who is not an "suits". insured under Paragraphs a, through G. above, but 2. General Aggregate Limit only with respect to Ilabllity for "bodily injury", The General Aggregate Limit is the most we will pay "property damage or personal and advertising for the sum of; Injury" caused, in whole or in part, by your acts or a. Medical expenses under Coverage C; omissions or the acts or omissions of those acting on your behalf: b. Damages under Coverage A, except damages (1) In the performance of your ongoing operations; because of "bodily injury" or "properly damage" 2 In connection with our remises owned b or Included in the "products-completed operations ( ) Y P Y hazard"; and rented to you;or c, Damages under Coverage B. (3) In connection with "your work" and included within the "products-completed operations S. Products-Completed Operations Aggregate Limit hazard", but only if The Products-Completed Operations Aggregate Limit (a) The written contract or agreement requires is the most we will pay under Coverage A for damages you to provide such coverage to such because of "bodily injury" and "property damage" additional insured; and Included in the 'products-completed operations hazard". (b) This Coverage Part provides coverage for A, Personal and Advertising Injury Limit "bodily Injury"or"properly damage" included within the "products-completed operations Subject to 2, above, the Personal and Advertising hazard", Injury Limit is the most we will pay under Coverage B With respect to the Insurance afforded to these for the sum of all damages because of all "personal additional insureds, this insurance does not apply and advertising Injury" sustained by any one person or to: organization. "Bodily injury", "property damage" or "personal and 5, Each Occurrence Limit advertising injury" arlsing out of the rendering of, or Subject to 2. or 3, above, whichever applies,the Each the failure to render, any professional architectural, Occurrence Limit is the most we will pay for the sum engineering or surveying services,including: of: (1) The preparing, approving, or failing to prepare a. Damages under Coverage A;and or approve, maps, shop drawings, opinions, b. Medical expenses under Coverage C reports, surveys, field orders, change orders or because of all "bodily injury" and "property damage" drawings and specifications;or arlsing out of anyone "occurrence", (2) ;Supervisory, inspection, architectural or 6. Damage To Premises Rented To You Lim It engineering activities, Subject to 5, above,the Damage To Premises Rented The limits of Insurance that apply to additional insureds To You Limit is the most we will pay under Coverage A under this provision is described in Section It —Limits for damages because of"property damage" to any one Of Insurance, premises, while rented to you, or in the case of How this insurance applies when other Insurance Is damage by fire, lightning or explosion, while rented to available to the additional Insured is described in the you or temporarily occupied by you with permission of Other Insurance Condition in Section IV— Commercial the owner, General Liability Conditions, In the case of damage by fire, lightning or explosion, No person or organization Is an insured with respect to the the Damage to Premises Rented To You Limit applies conduct of any current or past partnership,joint venture or to all damage proximately caused by the same event, limited liability company that Is not shown as a Named whether such damage results from fire, lightning or Insured in the Declarations, an explosion or combination of these, SECTION III—LIMITS OF INSU0ARCE P y 1. The Most We will Pay 7, Medical Expense Limit The Limits of Insurance shown in the Declarations and Subject to it payee, the MedicalCoverage pense Limit is the most we will a under Covera e C for all medical I the rules below fix the most we will pay regardless of expenses because of "bodily Injury" sustained by any the number of; one person, a. Insureds; 8, How Limits Apply To Additional Insureds h. Claims made or"suits"brought; or If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 Policy#: 52UUNPX0936 added as an additional insured on your policy, the (3) Cooperate with us in the investigation or most we will pay on behalf of such additional insured is settlement of the claim or defense against the the lesser of "suit"; and a. The limits of insurance specified in the written (4) Assist us, upon our request, in the enforcement of contract or writien agreement;or any right against any person or organization which b. The Limits of Insurance shown in the Declarations. may be liable to the insured because of injury or Such amount shall be a part of and not in addition to damage io which this Insurance may also apply. Limits of Insurance shown in the Declarations and d. Obligations At The Insureds Own Cost described in this Section, No insured will, except at that insured's own cost, The Limits of Insurance of this Coverage Part apply voluntarily make a payment, assume any separately to each consecutive annual period and to any obligation, or incur any expense, other than for first remaining period of less than 12 months, starting with the aid, without our consent. beginning of the policy period shown in the Declarations, e. Additional Insureds Other Insurance unless the policy period is extended after issuance for an If we cover a claim or "suit" under this Coverage additional period of less than 12 months. In that case,the Part that may also be covered by other insurance additional period will be deemed part of the last preceding available to an additional insured, such additional period for purposes of determining the Limits of Insurance, insured must submit such claim or "suit" to the SECTION IV — COMMERCIAL GENERAL LIABILITY other insurer for defense and indemnify. CONDITIONS However, this provision does not apply to the 1. Bankruptcy extent that you have agreed in a written contract or Bankruptcy or insolvency of the insured or of the written agreemenl that this Insurance is primary insured's estate will not relieve us of our obligations and non-contributory with the additional insured's under this Coverage Part. own insurance, 2. Duties In The Event Of Occurrence, Offense, Claim f. Knowledge Of An Occurrence, Offense, Claim Or Suit Or Suit a, Notice Of Occurrence Or Offense Paragraphs a, and b, apply to you or to any You or any additional insured must see to it Thai we additional insured only when such "occurrence" are notified as soon as practicable of an offense,claim or suit is known to; "occurrence" or an offense which may result in a (1) You or any additional insured that is an claim.To the extent possible, notice should include; individual; (1) How, when and where the "occurrence" or (2) Any partner, if you or an additional insured is a offense took place; partnership; (2) The names and addresses of any injured (3) Any manager, if you or an additional insured is a persons and witnesses; and limited liability company; (3) The nature and location of any injury or damage (4) Any "executive officer" or insurance manager, if arising out of the "occurrence" or offense, you or an additional insured is a corporation; b. Notice Of Claim (5) Any trustee, if you or an additional insured is a If a claim is made or "suit" is brought against any trust; or insured, you or any additional insured must: (6) Any elected or appointed official, if you or an (1) Immediately record the specifics of the claim or additional insured is a political subdivision or "suit"and the date received;and public entity. (2) Notify us as soon as practicable. This duty applies separately to you and any additional insured. You or any additional insured must see to it that we 3. Legal Action Against Us receive written notice of the claim or "suit" as soon as practicable, No person or organization has a right under this c, Assistance And Cooperation Of The Insured Coverage Part: a. To join us as a party or otherwise bring us into a You and any other Involved insured must: "suit"asking for damages from an insured;or (1) Immediately send us copies of any demands, b, To sue us on this Coverage Pan unless all of its notices, summonses or legal papers received in terms have been fully compiled with. connection with the claim or"suit"; A person or organization may sue us to recover on an {2) Authorize us to obtain records and other agreed settlement or on a final judgment against an information; Insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 01 06 05 page 13 of 19 Policy 4: 52UUNP)(0936 that are in excess of the applicable limit of insurance. (7) When You Add Others As An Additional An agreed settlement means a settlement and release Insured To This Insurance of liability signed by us, the Insured and the claimant or Any other insurance available to an additional the claimant's legal representative, insured. 4. Other Insurance However, the following provisions apply to other If other valid and collectible insurance is available to Insurance available to any person or the Insured for a loss we cover under Coverages A or organization who is an additional insured under B of this Coverage Part, our obligations are limited as this coverage pan, follows; (a) Primary Insurance When Required By a. Primary Insurance Contract This insurance Is primary except when b, below This Insurance is primary if you have agreed applies. If other Insurance is also primary, we will in a written contract or written agreement share with all that other insurance by the method that this insurance be primary. If other described in c, below, insurance is also primary, we will share with b. Excess Insurance all that other insurance by the method This insurance is excess over any of the other described In c,below, insurance, whether primary, excess, contingent or (b) Primary And Non-Contributory To other on any other basis: Insurance When Required By Contract (1) Your Work If you have agreed in a written contract, That is Fire, Extended Coverage, guilder's Risk, written agreement, or permit that this Installation Risk or similar coverage for "your Insurance primary and non-contributory with the additional insured s own insurance, work"; this insurance is primary and we will not (2) Premises Rented To You seek contribution from that other insurance. That is fire, lightning or explosion insurance for Paragraphs (a) and (b) do not apply to other premises rented to you or temporarily occupied Insurance to which the additional insured has by you with permission of the owmO: been added as an additional insured. (3) Tana nt Lia bi I ity When this Insurance is excess, we will have no That is insurance purchased by you to cover duty under Coverages A or B to defend the insured your liability as a tenant for "property damage" against any "suit" if any other insurer has a duty to to premises rented to you or temporarily defend the Insured against that suit'. If no other occupied by you with permission of the owner; insurer defends, we will undertake to do so, but we (4) Aircraft Auto Or Watercraft will be entitled to the Insured's rights against all those other insurers. If the loss arises out of the maintenance or use When this insurance is excess over other of aircraft, "autos" or watercraft to the extent not Insurance, we will pay only our share of the amount subject to Exclusion g. of Section I - Coverage of the loss, if any, that exceeds the sum of: A- Bodily Injury And Properly Damage Liability; (1) The total amount that all such other insurance (5) Property Damage to Borrowed Equipment Or would pay for the loss in the absence of this Use Of Elevators insurance;and If the loss arises out of "property damage" to (2) The total of all deductible and self-insured borrowed equipment or the use of elevators to amounts under all that other insurance, the extent not subject to Exclusion J. of Section I - Coverage A - Bodily Injury And Property We will share the remaining loss, if any, with any Damage Liability; other insurance that is not described in this Excess Insurance provision and was not bought specifically (6) When You Are Added As An Additional to apply in excess of the Limits of Insurance shown Insured To Other Insurance In the Declarations of this Coverage Part. Any other Insurance available to you covering c. Method Of Sharing liability for damages arising out of the premises f all of the other insurance permits contribution by or operations, or products and completed I operations, for which you have been added as equal shares,we will follow this method also. Under an additional insured by that insurance; or this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page 14 of 10 HG 00 01 06 06 Policy If:52UUNPX0936 If any of the other insurance does not permit insured will bring "suit"or transfer those rights to us contribution by equal shares, we will contribute by and help us enforce them, limits. Under this method, each insurer's share is 1). Waiver Of Rights Of Recovery (Waiver Of based on the ratio of Its applicable limit of Subrogation) insurance to the total applicable limits of insurance of all insurers. If the Insured has waived any rights of recovery 6. Premium Audio against any person or organization for all or pars of any payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Part, we also Part in accordance with our rules and rates. waive that right, provided the insured waived their 6. premium shown in this Coverage Part as advance rights of recovery against such person or premium is a deposit premium only. At the close of organization in a coniracl, agreement or permit that each audit period we will compute the earned was executed prior to the injury or damage, premium for that period and send notice to the first 9. When We Do Not Renew Named Insured. The due date for audit and If we decide not to renew this Coverage Part, we will retrospective premiums is the dale shown as the mail or deliver to the first Named Insured shown in the due date on the bill. If the sum of the advance and Declarations written notice of the nonrenewal not less audit premiums paid for the policy period is greater than 30 days before the expiration date. than the earned premium, we will return the excess to the first Named Insured, If notice is mailed, proof of mailing will be sufficient c. The first Named Insured must keep records of the proof of notice, information we need for premiuin computation, and SECTION V—DEFINITIONS send us copies at such times as we may request. 1. "Advertisement" means the widespread public 6. Representations dissemination of information or images that has the purpose of inducing the sale of goods, products or a, When You Accept This Policy services through; By accepting this policy,you agree: a. (1) Radio; (1) The statements in the Declarations are accurate (2) Television; and complete; (3) Billboard; (2) Those statements are based upon representations you made 10 us; and (4) Magazine; (3) We have issued this policy In reliance upon your (5) Newspaper; or representations, b. Any other publication that is given widespread b. Unintentional Failure To Disclose Hazards public distribution. d"avertisement"does not include: If unintentionally you should fail to disclose all However, i, hazards relating to the conduct of your business a. The design, printed material, information or images that exist at the inception date of this Coverage contained In, on or upon the packaging or labeling Part, we shall not deny coverage under this of any goods or products;or Coverage Part because of such failure. b. An interactive conversation between or among 7. Separation Of Insureds persons through a computer network, Except with respect to the Limits of Insurance, and any 2. "Advertising idea" means any idea for an rights or duties specifically assigned in this Coverage "advertisement". Part to the first Named Insured, this insurance applies: 3, "Asbestos hazard" means an exposure or threat of a. As if each Named insured were the only Named exposure to the actual or alleged properties of Insured; and asbestos and includes the mere presence of asbestos b. Separately to each insured against whom claim is in any form. made or"suit"is hrought. 4, "Auto"anew is a land motor vehicle,trailer or semitrailer B. Transfer Of Rights Of Recovery Against Others To designed for travel on public roads, including any Us attached machinery or equipment, But "auto" does not include"mobile equipment", a. Transfer of Rights Of Recovery 5. "Bodily injury" means physical: If the Insured has rights to recover all or part of any a, Injury; payment, including Supplementary Payments, we have made under this Coverage Part, those rights b. Sickness;or are transferred to us.The Insured must do nothing c. Disease after loss to impair them. At our request, the sustained by a person and, if arising out of the above, mental anguish or death at any time. HG 00 01 06 05 Page 15 of "to Policy#: 52 U U N PX0936 6. "Coverage territory" means: rented to you or temporarily occupied by you with a. The United States of America(including its territories permission of the owner Is subject to the Damage and possesdons), Puerto Rica and Canada; to Premises Rented To You Limit described in h. International watersSection III—limits of Insurance;or airspace, but only if the b. A sidetrack agreement; Injury or damage occurs in the course of travel or g I transportation between any places included in a. c. Any easement or license agreement, including an above; or easement or license agreement in connection with c. All other parts of the world if the injury or damage construction or demolition operations on or within arises out of; 60 feet of a railroad; (1) Goods or products made or sold by you in the d. An obligation, as required by ordinance, to territory described in a,above; indemnify a municipality, except in connection with (2) The activities of a person whose home is in the work for a municipality; territory described in a.above, but is away for a a. An elevator maintenance agreement; short lime on your business; or 1. That part of any other contract or agreement (3) "Personal and advertising Injury" offenses that pertaining to your business (including an take place through the Internet or similar indemnification of a municipality in connection with electronic means of communication work performed for a municipality) underwhich you provided the insured's responsibility to pay damages is assume the tort liability of another party to pay for determined In the United Stales of America (Including its bodily injury or property damage to a third person or organization, provided the bodily injury territories and possessions), Puerto Rico or Canada, in a or"property damage" is caused, in whale or In part, "suit" on the merits according to the substantive law in by you or by those acting on your behalf. Tort such territory or in a settlement we agree to. liability means a liability that would be imposed by 7. "Employee" includes a "leased worker". "Employee" law In the absence of any contract or agreement. does not include a "temporary worker". Paragraph f. includes that part of any contract or 6, "Employment-Related Practices"means: agreement that indemnifies a railroad for "bodily a, Refusal to employ a person; injury" or "property damage" arising out of construction or demolition operations,within 5o feet b. Termination of a persons employment; or of any railroad properly and affecting any railroad c. Employment related practices, policies, acts or bridge or trestle, tracks, road-beds, tunnel, omissions, such as coercion, demotion, evaluation, underpass or crossing. reassignment, discipline, defamation, harassment, However, Paragraph f. does not include that part of humiliation or discrimination directed at aperson. any contract or agreement: s, "Executive officer" means a person holding any of the (1) That indemnifies an architect, engineer or officer positions created by your charter, constitution, surveyorfor injury or damage arising out of: by-laws or any other similar governing document. 10."Hostile fire"means one which becomes uncontrollable (a) Preparing, approving, or failing to prepare or or breaks out from where h was intended to be. approve, maps, shop drawings, opinions, 11."Im airedproperly" means tan tangible reports, surveys, field orders, change orders p g property, other or drawings and specifications;or than "your product"or"your work",that cannot be used (b) Giving directions or instructions, or failing to or is less useful because; give them, if that is the prii nary cause of the a. It incorporates "your product" or "your work" that is injury or damage;or known or thought to be defective, deficient, (2) Under which the insured, if an architect, engineer inadequate or dangerous; or or surveyor, assumes liability for an injury or b. You have failed to fulfill the terms of a contract or damage arising out of the Insured's rendering or agreement; failure to render prnfesaonal services, including if such property can be restored to use by: those listed in (1) above and supervisory, a. The repair, replacement, adjustment or removal of inspection,architectural or engineering activities. "your product"or"your work"; or 13."Leased worker" means a person leased to you by a b, Your fulfilling the terms of the contract or agreement. labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to 12."Insured contract"means; the conduct of your business, "Leased worker" does a. A contract for a lease of premises. However, that not include a "temporary worker". portion of the contract for a lease of premises that 14."Loading or unloading"means the handling of property: indemnifies any person or organization for damage a. After it is moved from the place where it is accepted by fire, lightning or explosion to premises while for movement into or onto an aircraft, watercraft or "auto"; Page 16 of 16 HG 00 01 06 05 Policy#: 52UUNPX0936 b. While i1 is in or on an aircraft, watercraft m "auto"; 16."Occurrence" means an accident, including continuous or or repeated exposure 10 substantially the same general c. While it is being moved from an aircraft, watercraft harmful conditions. or"auto"to the place where It is finally delivered; 17,"Personal and advertising injury" means injury, but "loading or unloading" does not include the including consequential "bodily injury", arising out of movement of property by means of a mechanical one or more of the following offenses; device, other than a hand truck, that is not attached to a. False arrest, detention or imprisonment; the aircraft,watercraft or "auto". b. Malicious prosecution; 15."Mobile equipment" means any of the following types c. The wrongful eviction from, wrongful entry into, or of land vehicles, including any attached machinery or invasion of the right of private occupancy of a room, equipment: dwelling or premises that a person occupies, a. Bulldozers, farm machinery, forklifts and other committed by or on behalf of its owner, landlord or vehicles designed for use principally off public lessor; roads; d. Oral, written or electronic publication of material b. Vehicles maintained for use solely on or next to that slanders or libels a person or organization or premises you own or rent; disparages a person's or organization's goods, c. Vehicles that travel on crawler treads; products or services; d. Vehicles, whether self-propelled or not, maintained e. Oral, written or electronic publication of malarial primarily to provide mobility to permanently that violates a person's right of privacy; mounted: f, Copying, In your "advertisement', a person's or (1) Power cranes, shovels, loaders, diggers or organization's "advertising idea" or style of drills; or "advertisement"; (2) Road construction or resurfacing equipment g• Infringement of copyright, slogan, or title of any such as graders,scrapers or rollers; literary or artistic work, in your "advertisement"; or e. Vehicles not described in a., b„ c, or d. above that h. Discrimination or humiliation that results in injury to are not self-propelled and are maintained primarily the feelings or reputation of a natural person. to provide mobility to permanently attached 18."Pollutants" mean any solid, liquid, gaseous or thermal equipment of the following types: irritant or contaminant, including smoke, vapor, soot, (1) Air compressors, pumps and generators, fumes, acids, alkalis, chemicals and waste. Waste including spraying, welding, building cleaning, includes materials to be recycled, reconditioned or geophysical exploration, lighting and well reclaimed, servicing equipment; or 19,"Products-completed operations hazard": (2) Cherry pickers and similar devices used to raise a. Includes all "bodily injury" and "property damage" or lower workers; occurring away from premises you own or rent and f. Vehicles not described in a., b., c. or d. above arising out of"your product"or "your work" except: maintained primarily for purposes other than the (1) Products that are still in your physical transportation of persons or cargo, possession; or However, self-propelled vehicles with the following (2) Work that has not yet been completed or types of permanently attached equipment are not abandoned, However, "your work" will be "mobile equipment"but will be considered"autos": deemed completed at the earliest of the (1) Equipment, of at least 1,000 pounds gross following times: vehicle weight, designed primarily for: (a) When all of the work called for In your (a) Snow removal; contract has been completed. (b) Road maintenance, but not construction or (b) When all of the work to be done at the job resurfacing; or site has been completed if your contract (c) Street cleaning; calls for work at more than one job site, (2) Cherry pickers and similar devices mounted on (c) When that part of the work done at a job site automobile or truck chassis and used to raise or has been put to its intended use by any person or organization other than another lower workers; and contractor or subcontractor working on the (3) Air compressors, pumps and generators, same project, Including spraying, welding, building cleaning, Work that may need service, maintenance, geophysical exploration, lighting and well correction, repair or replacement, but which is servicing equipment otherwise complete, will be treated as completed. HG 00 01 06 05 Page 17 of 18 Policy#; 52UUNPX0936 b. Does not include "bodily injury" or "property 22."Temporary worker" means a person who is damage"arising out of: furnished to you to substitute for a permanent (1) The transportation of properly, unless the "employee" on leave or to meet seasonal or short- injury or damage arises out of a condition in or term workload conditions. on a vehicle not owned or operated by you, 23."Volunteer worker"means a person who and that condition was created by the "loading a. Is not your"employee"; or unloading"of that vehicle by any insured; (2) The existence of tools, uninstalled equipment b. Donates his or her work; or abandoned or unused materials;or c. Acts at the direction of and within the scope of (3) Products or operations far which the duties determined by you; and classification, listed in the Declarations or in a d, Is not paid a fee, salary or other compensation by policy schedule, states that products- you or anyone else for their work performed for completed operations are subject to the you. j General Aggregate Limit, 24."Your product": 20."Property damage" means: a. Means: a, Physical injury to tangible property, including all (1) Any goods or products, other than real resulting loss of use of that property, All such loss property, manufactured, sold, handled, of use shall be deemed to occur at the time of the dkstrlbuled or disposed of by: physical injury that caused It;or (a) You; b. Loss of use of tangible property that is not (b) Others trading under your name;or physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" (c) A person or organization whose business that caused it, or assets you have acquired; and As used In this definition, computerized or (2) Containers (other than vehicles), materials, electronically stored data, programs or software are parts or equipment furnished in connection not tangible property. Electronic data means with such goods or products. information,facts or programs; b. Includes a. Stored as or on; (1) Warranties or representations made at any b. Created or used on;or time with respect to the fitness, quality, c, Transmitted to or from; durability, performance or use of "your product";and compuler software, including systems and applications software, hard or floppy disks, CD- (2) The providing of or failure to provide warnings ROMS, tapes, drives, cells, data processing devices or instructions, or any other media which are used with electronically C. Does not Include vending machines or other controlled equipment, property rented to or located for the use of others 21."Suit" means a civil proceeding in which damages but not sold, because of 'bodily injury", "properly damage" or 25• Your work"; "personal and advertising injury to which this a. Means; insurance applies are alleged. "Suit"Includes: (1) Work or operations performed by you or on a. An arbitration proceeding in which such damages your behalf;and are claimed and to which the Insured must submit (2) Materials, parts or equipment furnished in or does submit with our consent;or connection with such work or operations. b. Any other alternative dispute resolution b. Includes proceeding in which such damages are claimed and to which the insured submits with our (1) Warranties or representations made at any consent, time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions, Page 19 of 18 HG 00 01 o6 os it Policy ff: 52UUNPX0936 COMMERCIAL AUTOMOBILE HA 99 16 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. i 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your personal affairs. The Named Insured shown in the Declarations is amended to Include: C. Lessors as Insureds (1) Any legally incorporated subsidiary in Paragraph A.1. - WHO IS AN INSURED - of which you own more than 50% of the Section it - liability Coverage is amended to j voting stock on the effective date of the add: Coverage Form. However, the Named e. The lessor of a covered "auto" while the Insured does not include any subsidiary "auto" is leased to you under a written that is an "insured" under any other agreement if: automobile policy or would be an "Insured" under such a policy but for Its (1) The agreement requires you to termination or the exhaustion of its Limit provide direct primary insurance for the lessor and of Insurance. (2) Any organization that Is acquired or (2) The"auto"is leased without a driver. formed by you and over which you Such a leased "auto" will be considered a maintain majority ownership. However, covered "auto" you own and not a covered the Named Insured does not include any "auto"you hire. newly formed or acquired organization: D. Additional Insured If Required by Contract (a) That is a partnership, joint venture (1) Paragraph AA. -WHO IS AN INSURED or limited liability company - of Section II - Liability Coverage is (b) That Is an "insured" under any other amended to add: policy, f. When you have agreed, in a written (c) That has exhausted Its Limit of contract or written agreement, that a Insurance under any other policy,or person or organization be added as (d) 180 days or more after its an additional insured on your acquisition or formation by you, business auto policy, such person or unless you have given us notice of organization is an "insured", but only the acquisition or formation, to the extent such person or Coverage does not apply to "bodily organization Is liable for "bodily injury" or "property damage" that results injury" or "property damage" caused from an "accident" that occurred before by the conduct of an "insured"under you formed or acquired the organization, paragraphs a, or b. of Who Is An B. Employees as Insureds Insured With regard to the ownership, maintenance or use of a Paragraph A.1. -WHO IS AN INSURED - of covered "auto." SECTION II - LIABILITY COVERAGE is amended to add: ©2010,The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc„ with its permission.) Page 1 of 5 Policy#:52UUNPX0936 The insurance afforded to any such E. Primary and Non-Contributory If additional insured applies only If the Required by Contract "bodily injury" or "property damage" Only with respect to Insurance provided to occurs: an additional insured in 1,D. - Additional (1) During the policy period,and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This Insurance Is primary if you have requires such Insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also you have agreed in a written contract primary, we will share with all that other If If written agreement that another Insurance by the method described in or person or organization be added as an Other Insurance 5.d. additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of Insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's awn Insurance, this insurance is primary and we will not O The Limits of Insurance shown in seek contribution from that other the Declarations. Insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this Section, has been added as an additional insured. When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the Insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered Insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers. to the other insurer for defense and When this Insurance is excess over other Indemnity. Insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured Suit or Loss amounts under all that other insurance. If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any"auto"hired or rented by your"employee"on additional insured shall be required to your behalf and at your direction will be comply with the provisions In LOSS considered an "auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, In the same manner as the Named Insured. ©2010,The Hartford(Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc„ with its permission.) Page 2 of 5 Policy#:52UUNPX0936 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph AA.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance, limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply If you have workers' compensation COVERAGE, in the event of a total "loss" to a Insurance in-force covering all of your covered "auto", we will pay your additional legal employees'. obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" Insurance, and the"outstanding balance"of the Ion/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos" you lease termination fees; security deposits not hire or borrow,subject to the following limit. returned by the lessor; costs for extended The most we will pay for "loss" to any hired ordisabillty insurance Insurance,ife he alth, accident the to n or auto"is: lease; and carry-over balances from previous (1) $100.000; loans or leases, (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following Is added: whichever Is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto"for that coverage, alrbag. No deductible applies to "loss" caused by fire or 8. ELECTRONIC EQUIPMENT - BROADENED lightning, Hired Auto Physical Damage coverage COVERAGE Is excess over any other collectible insurance. Subject to the above limit, deductible and excess The exceptions to Paragraphs BA provisions, we will provide coverage equal to the EXCLUSIONS - of SECTION III - PHYSICAL broadest coverage applicable to any covered DAMAGE COVERAGE are replaced by the "auto"you own, following: We will also cover loss of use of the hired "auto" a.Exclusions 4.c. and 4.d, de not apply to if it results from an "accident", you are legally equipment designed to be operated solely by liable and the lessor incurs an actual financial use of the power from the "auto's" electrical loss, subject to a maximum of $1000 per system that, at the time of"loss", is: "accident", (1) Permanently installed in or upon the This extension of coverage does not apply to any covered "auto"; "auto" you hire or borrow from any of your (2) Removable from a housing unit which Is "employees", partners (if you are a par(nership), permanently installed in or upon the members (if you are a limited liability company), covered"auto'; or members of their households, (3) An Integral part of the same unit housing any electronic equipment described In Paragraphs a.and b, above;or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system. ©2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc.,with its permission.) Page 3 of 5 Policy#:52UUNPX0936 b,$1,600 Is the most we will pay for"loss"in any CLAIM, SUIT OR LOSS - of SECTION IV one "accident" to all electronic equipment that BUSINESS AUTO CONDITIONS that you must reproduces, receives or transmits audio, visual notify us of an "accident" applies only when the or data signals which, at the time of"loss",is: "accident"is known to: (1) Permanently installed in or upon the (1) You, If you are an individual; covered "auto" in a housing, opening or (2) A partner, if you are a partnership; other location that is not normally used by the "auto manufacturer for the (3) A member, If you are a limited liability installation of such equipment; company;or (2) Removable from a permanently installed (4) An executive officer or insurance manager, if housing unit as described in Paragraph you are a corporation. b.(1) above or is an integral part of that 13. UNINTENTIONAL FAILURE TO DISCLOSE equipment;or HAZARDS (3) An integral part of such equipment. If you unintentionally fail to disclose any hazards c.For each covered "auto", should loss be existing at the Inception date of your policy, we limited to electronic equipment only, our will not deny coverage under this Coverage obligation to pay for, repair, return or replace Form because of such failure. damaged or stolen electronic equipment will 14. HIRED AUTO -COVERAGE TERRITORY be reduced by the applicable deductible shown Paragraph e, of GENERAL CONDITIONS 7. - in the Declarations, or $250, whichever POLICY PERIOD, COVERAGE TERRITORY - deductible is less. of SECTION IV - BUSINESS AUTO 9, EXTRA EXPENSE-BROADENED COVERAGE CONDITIONS is replaced by the following: Under Paragraph A. - COVERAGE-of SECTION e. For short-term hired "autos", the coverage III - PHYSICAL DAMAGE COVERAGE, we will territory with respect to Liability Coverage is pay for the expense of returning a stolen covered anywhere In the world provided that if the "auto"to you. "Insured's" responsibility to pay damages for 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE "bodily injury" or "property damage" Is Under Paragraph D.-DEDUCTIBLE-of SECTION determined In a "suit," the "suit" is brought In III - PHYSICAL DAMAGE COVERAGE, the the United States of America, the territories and possessions of the United States of following is added: America, Puerto Rico or Canada or in a No deductible applies to glass damage if the settlement we agree to, glass Is repaired rather than replaced. 15. WAIVER OF SUBROGATION 11. TWO OR MORE DEDUCTIBLES TRANSFER OF RIGHTS OF RECOVERY Under Paragraph D,-DEDUCTIBLE-of SECTION AGAINST OTHERS TO US - of SECTION IV - III - PHYSICAL DAMAGE COVERAGE, the BUSINESS AUTO CONDITIONS is amended by following is added: adding the following: If another Hartford Financial Services Group, We waive any right of recovery we may have Inc. company policy or coverage form that is not against any person or organization with whom an automobile policy or coverage form applies to you have a written contract that requires such the same "accident", the following applies: waiver because of payments we make for (1) If the deductible under this Business Auto damages under this Coverage Form, Coverage Form is the smaller (or smallest) 16. RESULTANT MENTAL ANGUISH COVERAGE deductible, it will be waived; The definition of "bodily injury" in SECTION V- (2) If the deductible under this Business Auto DEFINITIONS is replaced by the following: Coverage Form is not the smaller (or "Bodily Injury" means bodily Injury, sickness or smallest) deductible, it will be reduced by the disease sustained by any person, Including amount of the smaller (or smallest) mental anguish or death resulting from any of deductible. these. 12. AMENDED DUTIES IN THE EVENT OF 17. EXTENDED CANCELLATION CONDITION ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a, - Paragraph 2. of the COMMON POLICY DUTIES IN THE EVENT OF ACCIDENT, CONDITIONS - CANCELLATION - applies except as follows: ©2010,The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with Its permission.) Page 4 of 5 i I I Policy#: 52UUNPX0936 If we cancel for any reason other than c.Regardless of the number of autos damaged nonpayment of premium, we will mail or deliver in any one 'loss", the most we will pay under to the first Named Insured written notice of this Hybrid Payment Coverage provision for cancellation at least 60 days before the effective anyone"loss"Is $10,000. date of cancellation. For the purposes of the coverage provision, 18, HYBRID PAYMENT COVERAGE a.A "non-hybrid" auto Is defined as an auto that In the event of a total loss to a "non-hybrid" auto uses only an Internal combustion engine to for which Comprehensive, Specified Causes of move the auto. Loss, or Collision coverages are provided under b.A "hybrid" auto is defined as an auto with an this Coverage Form, then such Physical internal combustion engine and one or more Damage Coverages are amended as follows: electric motors; and that uses the internal a.lf the auto is replaced with a "hybrid" auto, we combustion engine and one or more electric will pay an additional 10%, to a maximum of motors to move the auto, or the internal $2,500, of the "non-hybrid" auto's actual cash combustion engine to charge one or more value or replacement cost, whichever is less, electric motors,which move the auto. b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date ofloss," I I i I I I I I I i ©2010,The Hartford(Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc.,with its permission.) Page 5 of 5 I \111 KENT Agenda Item: Consent Calendar - 7G(1) WASHII GOON TO: City Council DATE: December 10, 2013 SUBJECT: Consultant Agreement with Northwest Hydraulic Consultants, Inc. for Hydraulic Analysis Services for the County Road 8 Levee Project- Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Northwest Hydraulic Consultants Inc. in an amount not to exceed $18,194 to provide a hydraulic analysis in support of levee certification for the County Road 8 Levee Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City's County Road 8 Levee is located between State Route 516 and Washington Avenue. This project will reconstruct the levee to certifiable standards and is important for managing the City's flood protection. Northwest Hydraulic Consultants services will include hydraulic modeling of the proposed County Road 8 levee. The modeling results will be used to design levee improvements to support a Conditional Letter of Map Revision (CLOMR) submittal to Federal Emergency Management Agency (FEMA). The product of the analysis will be mapping and tabular data showing the area that will be removed from the FEMA floodplain if the County Road 8 Levee were certified and connected to the upstream and downstream certified levees. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee YEA: Higgins - Ralph - Albertson NAY: BUDGET IMPACTS: Stormwater utility funds will be used to pay for this consultant work. Existing storm drainage rates assumed the City would cover a portion of the costs to fund levee reconstruction. Public Works staff continues to look for outside funding and lowest cost alternatives for levee certification. REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes 6�¢ vWwed Nby Director Originator's Name. Kelly-casteeF De t/Div. Engineering/Design Extension: 5561 Date Sent: lali /e3 _ Date Required: Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/14 VENDOR: Northwest Hydraulic DATE OF COUNCIL APPROVAL: 12/10/13 Consultants Inc. ATTACH THE COUNCIL_ MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for NHC to conduct analyses and mapping to amend the Hawley Road Levee CLOMR application by adding the County Road 8 Levee. For additional information, see the attached Council motion sheet. All Contracts Must Be Routed Through The Law Department ' + (This area to be completed by the Law Department) Received: Approval of Law p pt.: Law Dept. Comments. Date Forwarded to Mayor: r - Shaded Areas To Be Completed By Administration Staff Received: RIECEIVED r `01 Recommendations and Comments: / CITY OF KEUT �t Disposition: c if ? -/= /%' �� i 'r GITY CLERK Date Returned: CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement, 1, the undersigned, a duly represented agent of Northwest Hydraullic Consultants, Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as County Road 8 Levee that was entered into on the December 16, 2013 (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Dec@aration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement, X For; �J'r-1-5 T Title: 1'�,IL /3'�'f A M A I'v,,1 6< ZLI e2 Date: '�j i�ri P Vq 7VS EEO COMPLIANCE DOCUMENTS - 1