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HomeMy WebLinkAboutPW14-125 - Original - Hayre McElroy & Associates, LLC - Three Friends Fishing Hole Park Geotechnical Services - 05/20/2014 Records Managemeit Document WASHINGTON t }e 1 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: Hayre McElroy & Associates, LLC Vendor Number: JD Edwards Number Contract Number: 17W 1 Lk 25 This is assigned by City Clerk's Office Project Name: Three Friends Fishing Hole Park Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 5/20/14 Termination Date: 5/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Stephen Lincoln Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide geotechnical services for drainage issues_at the park. S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11108 KENT WASH IN QTQN CONSULTANT SERVICES AGREEMENT between the City of Kent and Hayre McElroy & Associates, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Hayre McElroy & Associates, LLC organized under the laws of the State of Washington, located and doing business at 2757 152"d Ave. NE, Redmond, WA 98052, Phone: (425) 869-6750, Contact: Jim McElroy (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 provide geotechnical services for drainage issues at the Three Friends Fishing Hole Park. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. j 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 May 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Thousand, Eight Hundred Fifty Dollars ($3,850.00), 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. 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 SERVICES AGREEMENT - 1 (Under$10,000) 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 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of 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 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. CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) 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. 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 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 CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) 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. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. 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: By (signature) b (signature) Print Name: rk K F-1 Print Name: Michael Mactutis, P.E. Its: Its: Environmental Engineering Manager (title) DATE: �A 1 DATE: rf 31r,4 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jim McElroy Timothy J. LaPorte, P.E. Hayre McElroy & Associates, LLC City of Kent 2757 152"d Ave. NE 220 Fourth Avenue South Redmond, WA 98052 Kent, WA 98032 (425) 869-6750 (telephone) (253) 856-5500 (telephone) (253) 856-6500 (facsimile) Hayre WE,.,-3 Hfend,/UJ .h CONSULTANT SERVICES AGREEMENT - 5 (Under$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: j9� t�� ti�Y rCoasi Lw.� Title: Date: 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. 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, 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 EXHIBIT A 2757 152nd Ave NE h a Yt e m C e I ro r lyua _ Redmond,WA 98052 2, a a s o c l a t e a tic (425)869-6750 I it Estimated Fee For Geotechnical Services Evaluation of Post-Construction Drainage Issues Three Friends Fishing Hole Park City of Kent Public Works Department Itent,Washington 's 04118/14 Quantity Unit cosuUnit Total Hours Task 1:Review Existing Site Data and Construction Documentation Principal Engineer 4 hour $140.00 $560 Subtotal: $560 Task 2:Site Visit to Observe Existing Conditions Principal Engineer 3 hour $140.00 $420 Subtotal: $420 Task 3•Prepare Lotter Report Summarizing Observed Conditions Recommendations and Preliminary Cost Estimates Principal Engineer 12 hour $140.00 $1,680 ❑raflinglWord Processing 2 hour $70.00 $140 Subtotal: $1,820 Task 4•MeelingtoConference Calls Principal Engineer-3 Meetings 6 hour $140.00 $840 Subtotal: $840 Task 61 Prolect Management&Expenses Principal Engineer I hour $140.00 $140 Administration 1 hour $70.00 $70 Mileage 120 each $0.55 $66 Subtotal: $210 Total Estimated Fee: $3,860 *Services beyond those presented will be charged at the rates shown and documented with a change orderrequest within 5 business days of conducting the additional services, i I I I Copyright 2014 Hayre McElroy Associates,LLC 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, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) �I 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 ANII. 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. -,,...� OP ID:SR CERT'IFICAT E CF LIABILITY INSURANCE DAT0511911avY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS '.. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must bo endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), _ PRODUCER CT Phone:206-623.7035 NAM5� Sprague Israel Giles PHONE --- FAX_-- 1601 Fourth Avenue,Suite 730 Fax:206-682.4993 Now%r]__ —_... .—.—�Sa�.N21:..._.._—._. Seattle,WA 98101.3225 EMAIL ADDRESS John M.Policar -raOMUT CU.�MER Io aHAYRE_1 -- -- INSURERAB AFFORDINGCOVERAGE INSURED Hayre McElroy&Associates LLC INSURER A American Casual Company 20427 INSURER e U S.2757 152nd Ave. NE pe _ -- -"- . cialty Insurance Co.- Redmond,WA 98052 S " _-- INSURER C INsuRER o:***THIS CERTIFICATE SUPERSEDES INSURER E;ANY PREVIOUSLY ISSUED INSURERF:CERTIFICATE*** 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 TbIE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLU91ONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REbUCSU BY PAID CLAIMS. 1NSR ABBE - POUCV EFF POOIICY EW LIMITS I LTR TYPE OF INSURANCE POLICY NUN HER MMIDONYYY MMIDDIYYYV GBNERAL LIABILITY EACH OCCURRENCE $ 2,000,000 ` A �f_X COM!dC-RCIAL6ENERAI.UARILITY � X ' !2090693511 06/27/13 06127/14 'pREMISESLEe w MAUL TD RENTED o..carrencel $_ - 300,00 I _]CLAIMS-MAEE X ' OCCUR MEO EkP(My ona"pereon) 5_ 10,00 PERSONAL d ADV INJURY $ 2,000,00 GENERALACGREGATE $ 4,000,000 6E I AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP(OP AGG S 4,000,00 POLICY X PIiP LUC .. _�$__�..— AUTOMOBILE LIABILITY X COMBINEED SINGLE LIMIT' $ 1,000,00 A X ANYAurD 1 2090749821 06/27/13 06127114 (Ea accident) BODILY INJURY(Per person) $ _ -{AI_L OWNED AUTOS RODILYINJURY(Per a4Gdonl) $ SCHEDULED AUTOS t PROPERTY DAMAGE X HIREDAUTOS (Per acatlent), T NON-OWNEDAUTOS 7 I UMBRELLA LIAR OCCUR EACH O C ERRENCE -„_I$ EXCESS LIAR_ �- MADEI AGGR_ �' DEDUCTIBLE -- RETENTION $ � QCHY L 15 X 107H_ S WORKERS COMPENSATION _ AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNFRfFXECUTA/E YIN 2090693511 06127113 06127/14 EL,EACH ACCIDENT $ 1.000,000 OFFICERIMEMBER EXOLUpEP'/ NIA (Mandatory in NH) TWA STOP GAP E_L,D13EASE__EA EMPLOYEE $_ 1,000,000 If yes,describe under PERATION bslcv EL DISTASE-POI lCY LIMIT $ _ 2,000,00 DSCRIPTIONOPO S _ C Professional US81324101 06f27113 06I27/14 Ea.Claim —2,000,00 Liability :535,000 DED EACH CLAIM Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Altcoh ACORD 101,Additional Roni Schedule,If mare apace Is required) Certificate holder is additional insured with respects liability arising out of operations by or on behalf of the named insured for General & Auto Liability, subject to a written contract being in force, Insurance is Primary and Non Contributory per attached endorsement. Re: Three Friends Fishing Hole Park CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, City of Kent 400 West Gown AUTHORIZED REPRESENTATIVE Kent, WA 98032 L ©1988.2009 ACORD CORPORATION, All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD SB-146932-E CANA Hayr.e McElroy S Assoc. (Ed. 06/11) Policy #2090693511 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: i BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED—BLANKET VENDORS own acts or omission or those of its employees or anyone else acting on its WHO IS AN INSURED is amended to include as an behalf. However, this exclusion does not additional insured any person or organization (referred apply to: to below as vendor) with whom you agreed, because of a written contract or agreement to provide (1} The exceptions contained n insurance, but only with respect to "bodily injury" or Subparagraphs d.or f.;or "property damage"arising out of"your products"which (2) Such inspections, adjustments, tests or are distributed or sold in the regular course of the servicing as the vendor has agreed to vendor's business, subject to the following additional make or normally undertakes to make in exclusions: the usual course of business, in 1, The insurance afforded the vendor does not apply connection with the distribution or sale of to: the products. a. "Bodily injury" or"property damage"for which 2. This insurance does not apply to any insured the vendor is obligated to pay damages by person or organization, from whom you have reason of the assumption of liability In a acquired such products, or any ingredient, part or container, entering into, accompanying or contract or agreement. This exclusion does i not apply to liability for damages that the containing such products. vendor would have in the absence of the 3, This provision 2, does not apply to any vendor contract or agreement; included as an insured by an endorsement issued b. Any express warranty unauthorized by you; by us and made a part of this Policy. c. Any physical or chemical change in the 4. This provision 2.does not apply if"bodily injury"or product made intentionally by the vendor; property damage" included within the "products- completed operations hazard" is excluded either d. Repackaging, except when unpacked solely by the provisions of the Policy or by endorsement. for the purpose of inspection, demonstration, 2 MISCELLANEOUS ADDITIONAL INSUREDS testing, or the substitution of parts under instructions from the manufacturer, and then WHO IS AN INSURED is amended to Include as an repackaged in the original container; insured any person or organization (called additional s e, Any failure to make such inspections, insured) described in paragraphs 2.a. through 2.h. x adjustments, tests or servicing as the vendor below whom you are required to add as an additional has agreed to make or normally undertakes to insured on this policy under a written contract or make in the usual course of business, in agreement but the written contract or agreement must connection with the distribution or sale of the be: products; 1. Currently in effect or becoming effective during the f. Demonstration, installation, servicing or repair term of this policy;and operations, except such operations performed 2. Executed prior to the "bodily injury," "properly at the vendor's premises in connection with damage"or"personal and advertising injury,"but the sale of the product; Only the following persons or organizations are g. Products which. after distribution or sale by additional insureds under this endorsement and you, have been labeled or relabeled or used coverage provided to such additional insureds Is as a container, part or ingredient of any other limited as provided herein: thing or substance by or for the vendor; or a. Additional Insured—Your Work h. "Bodily injury" or "property damage" arising That person d organization for whom you do out of the sole negligence of the vendor for its work is an additional insured solely for liability SB-146932-E Page 1 of 5 (Ed. 001) SB-146932•E CNA (Ed. 06111) due to your negligence specifically resulting This insurance does not apply to 'bodily from your work for the additional insured injury," "property damage" or "personal and which Is the subject of the written contract or advertising Injury" arising out of operations written agreement. No coverage applies to performed for the state or municipality, liability resulting from the sole negligence of c, Controlling Interest the additional insured. The insurance provided to the additional Any persons or organizations with a insured Is limited as follows: controlling interest in you but only with respect to their liability arising out of: (1) The Limits of Insurance applicable to the additional insured are those specified in (1} Their financial control of you;or the written contract or written agreement (2) Premises they own, maintain or control or in the Declarations of this policy, while you lease or occupy these whichever is less. These Limits of premises. Insurance are inclusive of, and not in addition to, the Limits of Insurance shown This insurance does not apply to structural in the Declarations. alterations, new construction and demolition operations performed by or for such additional (2) The coverage provided to the additional insured. insured by this endorsement and d. Managers or Lessors of Promises paragraph F.9. of the definition of"insured contract' under Liability and Medical A manager or lessor of premises but only with Expenses Definitions do not apply to respect to liability arising out of the ownership, "bodily injury" or "property damage" maintenance or use of that specific part of the arising out of the "products-completed premises leased to you ,and subject to the operations hazard" unless required by the following additional exclusions: written contract or written agreement. This insurance does not apply to: (3) The insurance provided to the additional insured does not apply to "bodily injury," (1) Any "occurrence" which takes place after "property damage," or "personal and you cease to be a tenant in that premises; advertising injury" arising out of the or rendering or failure to render any (2) Structural alterations, new construction or professional services, demolition operations performed by or on b. State or Political Subdivisions behalf of such additional insured. A state or political subdivision subject to the e. Mortgagee, Assignee or Receiver following provisions: A mortgagee, assignee or receiver but only (1) This insurance applies only with respect with respect to their liability as mortgagee, to the following hazards for which the assignee, or receiver and arising out of the state or political subdivision has issued a ownership, maintenance, or use of a premises permit in connection with premises you by you, own, rent, or control and to which this This insurance does not apply to structural Insurance applies: alterations, new construction or demolition (a) The existence, maintenance, repair, operations performed by or for such additional construction, erection, or removal of Insured. advertising signs, awnings, canopies, I. Owners/other Interests—Land is Leased cellar entrances, coal holes, driveways, manholes, marquees, An owner or other interest from whom land hoistaway openings, sidewalk vaults, has been leased by you but only with respect street banners, or decorations and to liability arising out of the ownership, similar exposures; or maintenance or use of that specific part of the land leased to you and subject to the following (b) The construction, erection, or additional exclusions: removal of elevators;or This insurance does not apply to: (2) This insurance applies only with respect to operations performed by you or on your (1) Any 'occurrence" which takes place behalf for which the state or political after you cease to lease that land;or subdivision has issued a permit. SB-146932-E Page 2 of 5 (Ed. 06111) i SS-146932-E CAM (Ed.06111) (2) Structural alterations, new Damage To Property, is replaced by the ! construction or demolition operations following: performed by or on behalf of such k. Damage To Property additional insured. g. Co-owner of Insured Premises "Property damage"to: A co-owner of a premises co-awned by you 1. Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co-owners liability as co- incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such property for any reason, including Any person or organization from whom you prevention of injury to a person or lease equipment. Such person or organization damage to another's property; are Insureds only with respect to their liability arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "property damage" such person or organization. A person's or arises out of any part of those organization's status as an Insured under this premises; endorsement ends when their written contract 3. Property loaned to you; j or agreement with you for such leased equipment ends. 4. Personal property in the. care, With respect to the insurance afforded these custody or control of the insured; additional Insureds, the following additional 5. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any "occurrence" which takes place performing operations,if the"property after the equipment lease expires;or damage" arises out of those 2 To "bodily Injury," g operations; or O y J ry," "property dama e" or "persona( and advertising injury" arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured. replaced because "your work" was Any insurance provided to an additional insured incorrectly performed on It. t designated under paragraphs b. through h. above Paragraph 2 of this exclusion does not does not apply to "bodily injury" or "property apply If the premises are "your work" and damage" Included within the "products-completed were never occupied, rented or held for operations hazard." rental by you, 3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other CONDITIONS: than damage by fire or explosion) to premises: H. Other insurance (1) rented to you: 4. This insurance is excess over any other -- Insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner,or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. either primary or primary and A separate limit of insurance applies to noncontributing. Damage To Premises Rented To You as 4. LEGAL LIABILITY—DAMAGE TO PREMISES described in Section D — Liability and Medical Expenses Limits of Insurance. A. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. SB-146932-E Page 3 of 5 (Ed. 06/11) SB-146932-E CAA (Ed. 06/11) Paragraphs 3, 4, 5, and 6 of this (2) Any partner, If you or an additional exclusion do not apply to liability Insured is a partnership; assumed under a sidetrack agreement. (3) Any manager, if you or an additional Paragraph 6 of this exclusion does not insured is a limited liability company; apply to "property damage" included in (4) Any "executive office or insurance the products-completed operations manager, if you or an additional insured is hazard" a corporation; B. Under B. Exclusions, 1. Applicable to (5) Any trustee, if you or an additional Business Liability Coverage, the last insured is a trust;or paragraph of 2. Exclusions is deleted and replaced by the following: (6) Any elected or appointed official, if you or Exclusions c, d,e, f, g, h, 1, k, 1,no, n, and o, an additional insured is a political do not apply to damage by fire to premises subdivision or public entity, while rented to you or temporarily occupied by This paragraph e. applies separately to you you with permission of the owner or to the and any additional insured. contents of premises rented to you for a period of 7 or fewer consecutive days. A 7. Bodily Injury separate limit of insurance applies to this Section F. Liability and Medical Expenses coverage as described in Section D, Liability Definitions, item 3. "Bodily Injury" is deleted and And Medical Expenses Limits Of replaced with the following: Insurance. "Bodily injury" means bodily injury, sickness or C. The first Paragraph under item 5. Damage To disease sustained by a person, including death, Premises Rented To You Limit of Section humiliation, shock, mental anguish or mental D. Liability And Medical Expenses Limits injury by that person at any time which results as Of Insurance is replaced by the following: a consequence of the bodily Injury, sickness or The most we will pay under Business Liability disease. for damages because of "property damage" 6, Expanded Personal and Advertising Injury to any one premises, while rented to you, or Definition temporarily occupied by you, with the permission of the owner, including contents of a. The following is added to Section F. Liability such premises rented to you for a period of 7 and Medical Expenses Definitions, item 14. or fewer consecutive days, is the Damage to Personal and Advertising Injury, in the Premises Rented to You limit shown in the Businessowners General Liability Declaration, Coverage Form: 5. Blanket Waiver of Subrogation h, Discrimination or humiliation that results in injury to the feelings or reputation of a natural We waive any right of recovery we may have person, but only if such discrimination or against: humiliation is: a. Any person or organization with wham you 1. Not done intentionally by or at the have a written contract that requires such a direction of: waiver. a. The Insured;or 6. Broad Knowledge of Occurrence b, Any "executive officer," director, The following items are added to E. stockholder, partner, member or Businessowners General Liability Conditions manager (if you are a limited liability in the Businessowners Liability Coverage company)of the insured; and Form: 2. Not directly or indirectly related to the e. Paragraphs a. and b. apply to you or to any employment, prospective employment, additional insured only when such past employment or termination of "occurrence,"offense, claim or"suit" is known employment of any person or person by to: any insured. (1) You or any additional insured that is an b. The following is added to Exclusions, Section individual; B.: SB-146932-E Page 4 of 5 (Ed. 06/11) i SB-146932-E CAM (Ed.06/11) (15)Discrimination Relating to Room, Personal and Advertising Injury Liability is Dwelling or Premises excluded either by the provisions of the Policy Caused by discrimination directly or or by endorsement, indirectly related to the sale, rental, lease 9. Personal and Advertising Injury Re-defined or sub-lease or prospective sale, rental, Section F. Liability and Medical Expenses lease or sub-lease of any room, dwelling Definitions, item 14, Personal Advertising Injury, or premises by or at the direction of any paragraph c. is replaced by the following: Insured. c. The wrongful eviction from, wrongful entry (16)Fines or Penalties Into, or invasion of the right of private Fines or penalties levied or imposed by a occupancy of a room dwelling or premises governmental entity because of that a person or organization occupies discrimination, committed by or on behalf of it's owner, c. This provision (Expanded Personal and landlord or lessor. Advertising Injury) does not apply if s SB-146932-E Page 5 of (Ed.06/11) Hayre McElroy & Assoc. Policy #209069 3511 COMMERCIAL AUTO CA 00 01 0310 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage, Read SECTION I--COVERED AUTOS the entire policy carefully to determine rights, duties and Item Two of the Declarations shows the"autos"that are what is and is not covered. covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" refer following numerical symbols describe the "autos" that to the Named Insured shown in the Declarations. The may be covered "autos." The symbols entered next to a words "we," "us" and "our" refer to the company coverage on the Declarations designate the only "autos" providing this insurance. that are covered"autos." Other words and phrases that appear in quotation marks A. Description Of Covered Auto Designation have special meaning. Refer to Section V—Definitions. Symbols 5 mbol Description Of Covered Auto Desi natlnn Symbols _ 1 Fln "Auto" 2 Owned "Autos" Only those"autos"you own(and for Liability Coverage any"trailers"you don't own Only while attached to power units you own).This includes those"autos"you acquire _ ownership of after the polic be Ins 3 Owned Private Only the private passenger"autos"you own.This includes those private Passenger passenger"autos"you acquire ownership of after the policy begins. "Autos" Only_ 4 Owned Only those"autos"you own that are not of the private passenger type(and for "Autos"Other Lability Coverage any"trailers"you don't own while attached to power units you own). Than Private This includes those"autos"not of the private passenger type you acquire ownership of Passenger after the policy begins. "Autos"Onl S Owned "Autos" Only those"autos"you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged.This includes those"autos"you acquire No-fault ownership of after the policy begins provided they are required to have no-fault benefits In the state where they are licensed or principally garaged. a 6 Owned"Autos" Only those"autos"you own that because of the law in the state where they are s Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those"autos"you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those"autos'described in Item Three of the Declarations for which a Described premiurn charge is shown (and for Liability Coverage any"trailers"you don't own while "Autos" attached to any power unit described in Item Three), 8 Hired "Autos" Only those"autos"you lease, hire, rent or borrow.This does not Include any"auto"you _ Only lease, hire, rent or borrow from any of your"employees," partners(if you are a partnership), members(if you are a limited liability company)or members of their _ households. 9 Non-owned Only those"autos"you do not own,lease,hire,rent or borrow that are used in "Autos"Only connection with your business.This includes"autos"owned by your"employees," partners(if you are a partnership),members(if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 03 10 Copyright Insurance.Services Office, Inc.,2009 Page 1 of 12 1s Mobile Only those"autos"that are land vehicles and that would qualify under the definition of Equipment "mobile equipment"under this policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only _ B, Owned Autos You Acquire Attar'9 he Policy SECTION II—LIABILITY COVERAGE Begins A, Coverage 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next We will pay all sums an"insured" legally must pay as to a coverage in Item Two of the Declarations, damages because of "bodily injury' or "property than you have coverage for "autos" that you damage"to which this insurance applies, caused by acquire of the type described for the remainder of an "accident" and resulting from the ownership, the policy period. maintenance or use of a covered"auto:' 2. But, if Symbol 7 is entered next to a coverage in We will also pay all sums an "insured" legally must Item "two of the Declarations, an "auto" you pay as a"revered pollution cost or expense"to which acquire will be a covered"auto"for that coverage this insurance applies, caused by on "accident" and only If: resulting from the ownership, maintenance or use of a. We already cover all"autos"that you own for covered "autos" However, we will only pay for the that coverage or it replaces an "auto" you "covered pollution cost or expense" if there is either previously owned that had that coverage; and "bodily injury" or "property damage" to which this b. You tell us within 30 days after you acquire it insurance applies that is caused by the same that you want us to cover it for that coverage. accident." G. Certain Trailers, Mobile EquipmantAnd We have the right and duty to defend any "insured" Temporary Substitute Autos against a "suit" asking for such damages or a "covered pollution cost or expense." However, we If Liability Coverage is provided by this coverage have no duty to defend any"insured" against a "suit" form, the following types of vehicles are also covered seeking damages for "bodily injury" or "property "autos"for Liability Coverage: damage" or a "covered pollution cost or expense" to 1. 'Trailers"with a load capacity of 2,000 pounds or which this insurance does not apply. We may less designed primarily for travel on public roads, investigate and settle any claim or "suit" as we 2. "Mobile equipment" while being carped or towed consider appropriate. Our duty to defend or settle b a covered "auto." ends when the Liability Coverage Limit of Insurance Y has been exhausted by payment of judgments or 3. Any "auto" you do not own while used with the settlements. permission of its owner as a temporary substitute 1, Who Is An Insured for a covered"auto"you own that is out of service because of its: The following are"insureds": a, Breakdown; a. You for any covered"auto." b. Repair; b. Anyone also while using with your permission c. Servicing; acov red "auto" you own, hire or borrow except, d. "Loss"; or (1) The owner or anyone else from whom you e. Destruction. hire or borrow a covered"auto." This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto"you own. Page 2 of 12 Copyright Insurance Services Office, Inc.,2009 CA 00 01 03 10 i (2) Your "employee" if the covered "auto" is These payments will not reduce the Limit of owned by that"employee" or a member of Insurance. his or her household. b, Out-of-state Coverage Extensions (3) Someone using a covered "auto"while he While a covered "auto"is away from the state or she is working in a business of selling, where it is licensed we will: servicing, repairing, parking or storing 1 Increase e Limit of Insurance for Liability autos"unless that business is yours. O I the Li ac y Coverage to meet the limits specified by s (4) Anyone other than your "employees," compulsory or financial responsibility law partners (if you are a partnership), of the jurlsdictlon where the covered members (if you are a limited liability "auto" is being used. This extension does company) or a lessee or borrower or any not apply to the limit or limits specified by of their "employees," while moving any law governing motor carriers of property to or from a covered"auto." passengers or property. (5) A partner (if you are a partnership) or a (2) Provide the minimum amounts and types member (if you are a limited liability of other coverages, such as no-fault, company) for a covered "auto" owned by required of out-of-state vehicles by the him or her or a member of his or her jurisdiction where the covered "auto" is household. being used. c. Anyone liable for the conduct of an "insured" We will not pay anyone more than once for described above but only to the extent of that the same elements of loss because of these liability. extensions. 2. Coverage Extensions B. Exclusions a. Supplementary Payments This insurance does not apply to any of the following: l We will pay for the"insured": 1. Expected Or Intended Injury (1) All expenses we incur. "Bodily injury" or "property damage" expected or (2) Up to $2,000 for cost of bail bonds intended from the standpoint of the"insured." (including bonds for related traffic law 2. Contractual violations) required because of an "accident" we cover. We do not have to Liability assumed under any contract or furnish these bonds, agreement. (3) The cost of bonds to release attachments But this exclusion does not apply to liability for in any "suit" against the "insured" we damages: x defend, but only for bond amounts within a. Assumed in a contract or agreement that is an our Limit of Insurance. "insured contract" provided the "bodily Injury" (4) All reasonable expenses incurred by the or "property damage" occurs subsequent to "insured" at our request, including actual the execution of the contract or agreement; or loss of earnings up to $250 a day because b. That the "insured"would have in the absence of time off from work. of She contract or agreement. (5) All court costs taxed against the "insured" 3, Workers' Compensation in any "sult" against the "insured" we Any obligation for which the "insured" or the defend. However, these payments do not "insured's" insurer may be held liable under any include attorneys fees or attorneys' workers' compensation, disability benefits or expenses taxed against the"insured." unemployment compensation law or any similar (6) All interest on the full amount of any lam judgment that accrues after entry of the judgment in any "suit' against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. CA 00 01 0310 Copyright insurance Services Office, Inc., 2009 Page 3 of 12 4. Employee Indermnification And Employer's b. After it is moved from the covered "auto" to Liability the place where it is finally delivered by the "Bodily injury"to: "insured." a. An "employee" of the "insured" arising out of 0• Movement Of Property By Mechanical Device and in the course of: 'Bodily Injury" or "property damage" resulting (1) Employment by the"insured";or from the movement of property by a mechanical device (other than a hand truck) unless the (2) Performing the duties related to the device is attached to the covered "auto." conduct of the"Insured's"business;or g. Operations b. The spouse, child, parent, brother or sister of "Bodily Injury"or"property damage"arising out of that "employee" as a consequence of the operation of: Paragraph a.above. This exclusion applies: a. Any equipment listed i" Paragraphs ent and 6.c.of fhe definition of"mobile equipment", or (1) Whether the"insured" may be liable as an employer or in any other capacity;and b, Machinery or equipment that is on, attached to or part of a land vehicle That woulddqualify � (2) To any obligation to share damages with under the definition of"mobile equipmenC if it or repay someone else who must pay were not subject to a compulsory or financiaf damages because of the injury, responsibility law or other motor vehicle But this exclusion does not apply to"bodily injury" insurance law where it is licensed or to domestic "employees" not entitled to workers' principally garaged. compensation benefits or to liability assumed by 10. Completed Operations the "insured" under an "Insured contract." For the "Bodily injury"or"property damage" arising out of purposes of the coverage form, a domestic your work after that work has been completed or employee' Is a person engaged in household or abandoned. domestic work performed principally in connection with a residence premises. In this exclusion,your work means: 5. Fellow Employee a. Work or operations performed by you or on "Bodily injury"to: your behalf;and a. Any fellow"erployee" of the"Insured" arising b. Materials, parts or equipment furnished In out of and in the course of the fellow connection with such work or operations. "employee's" employment or while performing Your work includes warranties or representations duties related to the conduct of your business; made at any time with respect to the fitness, or quality, durability or performance of any of the b. The spouse, child, parent, brother or sister of items included in Paragraph a.or b.above. that fellow "employee" as a consequence of Your work will be deemed completed at the paragraph a.above. earliest of the following limes: 0. Care,Custody Or Control (1) When all of the work called for in your "Property damage" to or "covered pollution cost contract has been completed. or expense" involving property owned or (2) When all of the work to be done at the site transported by the "insured" or in the "insured's" has been completed if your contract calls care, custody or control. But this exclusion does for work at more than one site. not apply to liability assumed under a sidetrack (3) When that part of the work done.at a job agreement. site has been put to its intended use by 7. Handling Of Property any person or organization other than "Bodily injunf' or "property damage" resulting another contractor or subcontractor, from the handling of property: working on the same project. a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered"auto";or Page 4 of 12 Copyright Insurance Services Office, Inc., 2009 CA 00 01 03 10 i Work that may need service, maintenance, Paragraphs b, and c. above of this exclusion do correction, repair or replacement, but which is not apply to "accidents" that occur away from otherwise complete, will be treated as completed, premises owned by or rented to an "insured" with 11. Pollution respect to "pollutants" not in or upon a covered "auto"if: "Bodily injury"or"property damage" arising out of (a) The "pollutants" or any property in which the actual, alleged or threatened discharge, fie "pollutants" are contained are upset, dispersal, seepage, migration, release or escape overturned or damaged as a result of the of"pollutants": maintenance or use of a covered "auto"; a. That are, or that Lite contained in any property and that is; (b) The discharge, dispersal, seepage, (1) Being transported or towed by, handled or migration, release or escape of the handled for movement into, onto or from "pollutants" is caused directly by such the covered "auto'; upset, overturn or damage. (2) Otherwise in the course of transit by or on 11 War behalf of the"insured", or "Bodily Injury" or "property damage" arising (3) Being gtored, disposed of, treated or directly or indirectly out of: processed in or upon the covered"auto"; a. War, including undeclared or civil war; b. Before the "pollutants" or any property in h. Warlike action by a military fora, including which the "pollutants" are contained are action in hindering or defending against an moved from the place where they are actual or expected attack, by any government, accepted by the "insured" for movement into sovereign or other authority using military or onto the covered"auto"or personnel or other agents;or c. After the "pollutants" or any property in which c. Insurrection, rebellion, revolution, usurped the"pollutants"are contained are moved from power or action taken by governmental the covered"auto"to the place where they are authority in hindering or defending against finally delivered, disposed of or abandoned by any of these. the"insured." Paragraph a. above does not apply to fuels, 13. Racing lubricants, fluids, exhaust gases or other similar Covered"autos"while used in any professional or "pollutants"that are needed for or result from the organized racing or demolition contest or stunting normal electrical, hydraulic or mechanical activity, or while practicing for such contest or functioning of the covered"auto"or its parts, if: activity.This insurance also does not apply while (1) The "pollutants" escape, seep, migrate or that covered "auto" is being prepared for such a are discharged, dispersed or released contest or activity, directly from an "auto"part designed by Its C. Limit Of Insurance manufacturer to hold, store, receive or Regardless of the number of covered "autos;' dispose of such"pollutants"; and "insureds," premiums paid, claims made or vehicles o (2) The "bodily injury;' "property damage" or involved in the "accident;' the most we will pay for "covered pollution cost or expense" does the total of all damages and "covered pollution cost not arise out of the operation of any or expense" combined resulting from any one equipment listed In Paragraphs 6.b, and "accident" is the Limit of Insurance for Liability 6.c, of the definition of "mobile Coverage shown in the Declarations, equipment" m i CA 00 01 0310 Copyright Insurance Services Office, Inc.,2009 Page 5 of 12 All "bodily injury," "property damage" and "covered However, you have the option of having glass pollution cost or expense" resulting from continuous breakage caused by a covered "auto's" collision or repeated exposure to substantially the same or overturn considered a "loss" under Collision conditions will be considered as resulting f Coverage. rom one i "accident." 4. Coverage Extensions No one will be entitled to receive duplicate payments a. Transportation Expenses for the same elements of"loss" under this coverage We will pay up to $20 per day to a maximum form and any Medical Payments Coverage of$600 for temporary transportation expense endorsement, Uninsured Motorists Coverage, incurred by you because of the total theft of a endorsement or Underinsured Motorists Coverage covered "auto" of the private passenger type. endorsement attached to this Coverage Part. We will pay only for those covered"autos"for SECTION 111—PHYSICAL DAMAGE COVERAGE which you carry either Comprehensive or A. Coverage Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses 1, We will pay for "loss" to a covered "auto" or its incurred during the period beginning 48 hours equipment under� after the theft and ending, regardless of the a. Comprehensive Coverage policy's expiration,when the covered "auto" is From any cause except: returned to use or we pay for its`loss." (t) The covered"auto's"collision with another b. Loss Of Use Expenses object; or For Hired Auto Physical Damage, we will pay 2) The covered"auto's"overturn, expenses for which an "insured" becomes ( legally responsible to pay for loss of use of a b. Specified Causes Of Loss Coverage vehicle rented or hired without a driver under Caused by: a written rental contract or agreement. We will (1) Fire,lightning or explosion; pay for loss of use expenses if caused by: 2 (1) Other than collision only if the O Theft; Declarations indicate that Comprehensive (3) Windstorm,hail or earthquake; Coverage is provided for any covered (4) Flood; 'auto", (5) Mischief or vandalism; or (2) Specified Causes Of Loss only if the Declarations indicate that Specified (5) The sinking, burning, collision or Causes Of Loss Coverage is provided for derailment of any conveyance transporting any covered"auto'; or the covered"auto." (3) Collision only if the Declarations indicate c. Collision Coverage that Collision Coverage is provided for any Caused by: covered"auto." (1) The covered"auto's"collision with another However, for loss of use isill per day, any object; or P P y' o a (2) The covered"auto's"overturn. maximum of$600, 2. Towing B. Exclusions We will pay up to the limit shown in the 1• We will not pay for "loss" caused by or resulting Declarations for towing and labor costs incurred from any of the following. Such "loss"is excluded regardless of any other cause or event that each time a covered "auto" of the private passenger type is disabled. However,_the labor contributes concurrently or in any sequence to the"loss." must be performed at the place of disablement. a 3. Glass Breakage—Hitting A Bird Or Animal— . Nuclear Hazard (1) Failing Objects Or Missiles The explosion of any weapon employing atomic fission or fusion;or if you carry Comprehensive Coverage for the damaged covered "auto," we will pay for the (2) Nuclear reaction or radiation, or following under Comprehensive Coverage: radioactive contamination, however caused. a, Glass breakage; b. "Loss"caused by hitting a bird or animal; and c. "Loss"caused by falling objects or missiles. . Page 6 of 12 Copyright Insurance Services Office, lac., M9 CA PO 01 0310 b, War Or Military Action b. Removable from a housing unit which is (1) War, including undeclared or civil war; permanently Installed In or upon the covered auto'; (2) Warlike action by a military force,including c. An Integral part of the same unit housing any actual action in hindering o defending against and attack, by any electronic equipment described in Paragraphs government, expecttent, sovereign or other authority a.and b.above; or using military personnel or other agents; d. Necessary for the normal operation of the or covered "auto" or the monitoring of the (3) Insurrection, rebellion, revolution, usurped covered"auto's"operating system. power or action taken by governmental 6. We will not pay for"loss" to a covered "auto"due authority in hindering or defending against to"diminution in value." any of these. C. Limit Of Insurance 2, We wilt not pay for "loss" to any covered "auto" 1. The most we will pay for 'loss" in any one while used in any professional or organized . "accident" is the lesser of. racing or demolition contest or stunting activity, or while practicing for such contest or activity. We a. The actual cash value of the damaged or will also not pay for "loss" to any covered "auto" stolen property as of the time of the"loss"or while that covered "auto" is being prepared for b. The cost of repairing or replacing the such a contest or activity. damaged or stolen property with other 3. We.will not pay for"loss"due and confined to: property of like kind and quality. a. Wear and tear, freezing, mechanical or 2• $1,000 is the most we will pay for 'loss" in any electrical breakdown. one "accident" to all electronic equipment that b. blowouts, tinctures or other road darns9 e to reproduces, receives or transmits audio, visual or P data signals which,at the time of"loss,"is: tires. This exclusion does not apply to such "loss" a. Permanently using, o in or upon the covered pP Y "auto" in a housing, opening or other location resulting from the total theft of a covered"auto." that is not normally used by the "auto" 4. We will not pay for"loss"to any of the following: manufacturer for the installation of such a. Tapes, records, discs or other similar audio, equipment; visual or data electronic devices designed for b. Removable from a permanently installed use with audio, visual or data electronic housing unit as described in Paragraph 2.a. equipment. above or is an integral part of that equipment; b. Any device designed or used to detect speed- or measuring equipment such as radar or laser c, An integral part of such equipment. detectors and any jamming apparatus 3, An adjustment for depreciation and physical intended to elude or disrupt speed- condition will be made in determining actual cash measurement equipment. value In the event of a total"loss." c. Any electronic equipment, without regard to 4. If a repair or replacement results in better than whether this equipment is permanently like kind or quality,we will not pay for the amount installed, that reproduces, receives or of the betterment. iransmfts audio, visual or data signals. D. Deductible d, Any accessories used with the electronic equipment described in Paragraph c.above. For each covered "auto," our obligation to pay for, 6. Exclusions a.c. and 4.d. do not apply to repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in equipment designed to be operated solely by use the Declarations. Any Comprehensive Coverage _ of the power from the "auto's" eleotrcal system deductible shown in the Declarations does not apply that,at the time of"loss,"is: to"loss"caused by fire or lightning. a. Permanently installed in or upon the covered CA 00 01 03 10 Copyright Insurance Services Office, Inc.,2009 Page 7 of 12 SECTION IV--BUSINESS AUTO CONDITIONS (5) Submit to examination, at our expense, by The followng cgndltions apply fn addition to the physicians of our choice, as often as we Common Policy Conditions: reasonably require. A. Loss Conditions c. if there is "loss" to a covered "auto" or its equipment you must also do the following: 1. Appraisal For Physical Damage Loss (1) Promptly notify the police if the covered If you and we disagree on the amount of "loss," "auto"or any of its equipment Is stolen, either may demand an appraisal of the "loss." In (2) Take all reasonable steps to protect the this event, each party will select a competent covered "auto" from further damage. Also appraiser. The two appraisers will select a keep a record of your expenses for competent and Impartial umpire. The appraisers consideration in the settlement of the will state separately the actual cash value and claim. amount of "loss." if they fail to agree, they will submit their differences to the umpire, A decision (3) Permit us to inspect the covered "auto" agreed to by any two will be binding. Each party and records proving the "loss" before its will; repair or disposition. a. Pay Its chosen appraiser;and (4) Agree to examinations under oath at our b. Bear the other expenses of the appraisal and request and give us a signed statement of umpire equally. your answers. if we submit to an appraisal, we will still retain our 3, Legal Action Against Us right to deny the claim. No one may bring a legal action against us under 2, Duties In The Event Of Accident,Claim,Suit this coverage form until: Or Loss a, There has been full compliance with all the VVe have no duty to provide coverage under this terms of this coverage form; and policy unless there has been full compliance with b. Under Liability Coverage, we agree in writing the following duties: that the "insured" has an obligation to pay or a. In the event of "accident," claim, "suit" or until the amount of that obligation has finally "loss," you must give us or our authorized been determined by judgment after trial. No representative prompt notice of the "accident" one has the right under this policy to bring us represcri Include; into an action to determine the "insured's" or liability. (1) How, when and where the "accident" or 4. Loss Payment—Physical Damage Coverages "loss"occurTed; (2) The"insured's"name and address;and At our option we may: (3) To the extent possible, the names and a. Pay for, repair or replace damaged or stolen addresses of any injured persons and property; witnesses. b. Return the stolen property, at our expense. b. Additionally, you and any other involved We will pay for any damage that results to the "insured"must: "auto"from the theft;or (1) Assume no obligation, make no payment c. Take all or any part of the damaged or stolen or incur no expense without our consent, property at an agreed or appraised value. except at the"insured's"own cost. If we pay for the "loss," our payment will include (2) Immediately send us copies of any the applicable sales tax for the damaged or stolen request, demand, order, notice, summons property. or legal paper received concerning the 5. Transfer Of nights Of Recovery Against claim or"suit" Others To Us (3) Cooperate with us in the investigation or If any person or organization to or for whom we settlement of the claim or defense against make payment under this coverage form has the"suit." rights to recover damages from another, those (4) Authorize us to obtain medical records or rights are transferred to us. That person or other pertinent information. organization must do everything necessary to secure our rights and must do nothing after "accident"or"loss"to impairthem. i Page 8 of 12 Copyright insurance Services Office, Inc„2009 CA 00 01 03 10 B. General Conditions d. When this coverage form and any other 1. Bankruptcy coverage form or policy covers on the same basis, either excess or primary, we will pay Bankruptcy or insolvency of the "insured" or the only our share. Our share is the proportion "insured's" estate will not relive us of any that the Limit of Insurance of our coverage obligations under this coverage form. form bears to the total of the limits of all the 2. Concealment,Misrepresentation Or Fraud coverage forms and policies covering on the This coverage form is void in any case of fraud by same basis. you at any time as it relates to this coverage form. 6. Premium Audit It is also void if you or any other"insured,"at any a. The estimated premium for this coverage farm time, intentionally conceal or misrepresent a is based on the exposures you told us you material fact concerning: would have when this policy began. We will a. This coverage form; compute the final premium due when we b. The covered"auto"; determine your actual exposures. The estimated total premium will be credited c. Your interest in the covered"auto";or against the final premium due and the first d. A claim under this coverage form. Named Insured will be billed for the balance, If 3. Liberalization any. The due date for the final premium or retrospective premium is the date shown as If we revise this coverage form to provide more the due date on the bill. If the estimated total coverage without additional premium charge, premium exceeds the final premium due, the your policy will automatically provide the first Named Insured will get a refund. additional coverage as of the day the revision is b. If this policy is issued for more than one year, effective in your state, the premium for this coverage form will be 4. No Benefit To Bailee-PhysicalDamage computed annually based on our rates or Coverages premiums in effect at the beginning of each We will not recognize any assignment or grant year of the policy, any coverage for the benefit of any person or 7. Policy Period, Coverage Territory organization holding, storing or transporting Under this coverage form, we cover "accidents" property for a fee regardless of any other and "losses" occurring: provision of this coverage form, a. During the policy period shown in the S. Other Insurance Declarations;and a. For any covered "auto" you own, this b. Within the coverage territory. coverage form provides primary insurance. For any covered "auto" you don't own, the The coverage territory is: insurance provided by this coverage form is (1) The United States of America; excess over any other collectible insurance. However, while a covered "auto" which is a (2) The territories and possessions of the United States of America; "trailer" is connected to another vehicle, the Liability Coverage this coverage form (3) Puerto Rico; provides for the"trailer'is: (4) Canada;and (1) Excess while it is connected to a motor (5) Anywhere In the world if: vehicle you do not own, (a) A covered "auto" of the private passenger (2) Primary while it is connected to a covered type is leased, hired, rented or borrowed .auto"you own. without a driver for a period of 30 days or b. For Hired Auto Physical Damage Coverage, less; and any covered "auto' you lease, hire, real or (b) The "insured's" responsibility to pay borrow is deemed to be a covered "auto" you damages is determined in a "suit" on the own. However, any "auto" that is leased, merits, in the United States of America, hired, rented or borrowed with a driver is not a the territories and possessions of the - - covered"auto." United States of America, Puerto Rico or c. Regardless of the provisions of Paragraph a. Canada or In a settlement we agree to, above, this coverage forms Liability Coverage is primary for any liability assumed under an "insured contract." CA 00 01 03 10 Copyright insurance Services Office, Inc., 2009 Page 9 of 12 We also cover"loss" to, or"accidents" involving, "Covered pollution cost or expense" does not include a covered"auto"while being transported between any cost or expense arising out of the actual, alleged any of these places, or threatened discharge, dispersal, seepage, S. Two Or More Coverage Forms Or Policies migration, release or escape of"pollutants": Issued By Us a. That are, or that are contained in any property If this coverage form and any other coverage that is; form or policy issued to you by us or any (1) Being transported or towed by, handled or company affiliated with us applies to the same handled for movement into, onto or from "accident," the aggregate maximum Limit of the covered"auto"; Insurance under all the coverage forms or (2) Otherwise in the course of transit by or on policies shall not exceed the highest applicable behalf of the"insured" or Limit of Insurance under any one coverage form or policy. This condition does not apply to any (3) Being stored, disposed of, treated or coverage form or policy Issued by us or an processed in or upon the covered"auto'; affiliated company specifically to apply as excess b. Before the "pollutants" or any property in insuranre over this coverage form. which the "pollutants" are contained are SECTIONV—DEFINITIONS moved from the place where they are Bated exposure accepted by the "insured" for movement into A. "Accident"includes continuous or repeated p or onto the covered"auto';or to the same conditions resulting in "bodily injury"or "property damage." c. After the"pollutants" or any property in which B. "Auto"means: the"pollutants"are contained are moved from the covered"auto"to the place where they are 1. A land motor vehicle, "trailer" or semitrailer finally delivered, disposed of or abandoned by designed for travel on public roads, or the"insured." 2. Any other land vehicle that is subject to a Paragraph a. above does not apply to fuels, compulsory or financial responsibility law or other lubricants, fluids, exhaust gases or other similar motor vehicle insurance law where it is licensed "pollutants" that are needed for or result from the, or principally garaged. normal electrical, hydraulic or mechanical However, "auto" does not include "mobile functioning of the covered "auto"or its parts,if: equipment," (1) The "pollutants" escape, seep, migrate or C. "Bodily injury' means bodily injury, sickness or are discharged, dispersed or released disease sustained by a person including death directly from an"auto' part designed by its resulting from any of these, manufacturer to hold, store, receive or dispose of such "pollutants'; and D. "Cover d pollution cost or expense" means any cost or expanse arising out of: (2) The "bodily Injury," property damage' or covered pollution cost or expense" does 1. Any request, demand, order or statutory or not arise out of the operation of any regulatory requirement that any "insured" or equipment listed in Paragraph 6.b. or 6.o. others test for, monitor, clean up, remove, of the definition of"mobile equipment." j contain,treat, detoxify or neutralize,or in any way respond to, or assess the effects of, "pollutants"; or 2. Any claim or "suit" by or on behalf of a government@( authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of,"pollutants." I Page 10 of 12 Copyright Insurance Services Office, Inc.,2009 CA 00 01 03 10 Paragraphs b. and c, above do not apply to An "insured contract" does not include that part of "accidents"that occur away from premises owned any contract or agreement: by or rented to an "insured" with respect to a. That indemnifies a railroad for "bodily injury" "pollutants" not in or upon a covered"auto"if, or "property damage" arising out of (a) The "pollutants" or any property in which construction or demolition operations, within the "pollutants" are contained are upset, 50 feet of any railroad property and affecting overturned or damaged as a result of the any railroad bridge or trestle, tracks, maintenance or use of a covered "auto"; roadbeds,tunnel, underpass or crossing, and b. That pertains to the loan, lease or rental of an (b) The discharge, dispersal, seepage, "auto" to you or any of your "employees,' if migration, release or escape of the, the "auto" is loaned, leased or rented with a "pollutants" is caused directly by such driver;or upset,overturn or damage. c. That holds a person or organization engaged E, "Diminution in value" means the actual or perceived in the business of transporting property by loss in market value or resale value which results "auto" for hire harmless for your use of a from a direct and accidental"loss," covered "auto" over a route or territory that F, "Employee" includes a "leased worker." "Employee" person or organization is authorized to serve does not include a"temporary worker." by public authority- G. "Insured" means any person or organization 1. "Leased worker' means a person leased to you by a qualifying as an insured in the Who Is An Insured labor leasing firm under an agreement between you provision of the applicable coverage. Except with and the labor leasing firm to perform duties related to respect to the Limit of Insurance, the coverage the conduct of your business. "Leased worker' does afforded applies separately to each insured who is not include a"temporary worker," seeking coverage or against whom a claim or"suit"is J. "Loss" means direct and accidental loss or damage. brought. K. "Mobile equipment"means any of the following types H. "Insured contract"means: of land vehicles, including any attached machinery m 1. A lease of premises; equipment: 2, A sidetrack agreement; 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public 3. Any easement or license agreement, except in roads; connection with construction or demolition 2. Vehicles maintained for use solely on or next to operations on or within 50 feet of a railroad; premises you own or rent; 4. An obligation, as required by ordinance, to 3, Vehicles That travel on crawler treads; indemnify a municipality, except in connection with work for a municipality; 4. Vehicles, whether self-propelled or not, 5, That part of any other contract or agreement maintained primarily to provide mobility to pertaining to your business (including an permanently mounted: indemnification of a municipality in connection a. Power cranes, shovels, loaders, diggers or with work performed for a municipality) under drills; or which you assume the tort liability of another to b. Road construction or resurfacing equipment pay for "bodily injury" or "property damage" to a such as graders,scrapers or rollers; third party or organization. Tort liability means a liability that would be imposed by law in the 6, Vehicles not described in Paragraph 1., 2., 3. or absence of any contract or agreement, 4, above that are not self-propelled and are maintained primarily to provide mobility to 6. That part of any contract or agreement entered permanently attached equipment of the following into, as part of your business, pertaining to the types: rental or lease, by you or any of your "employees," of any 'auto." However, sach a. Air compressors, pumps and generators, contract or agreement shall not be considered an including spraying,welding, building cleaning, -- "insured contract" to the extent that it obligates geophysical exploration, ilghting and well- you or any of your "employees" to pay for servicing equipment; or "property damage"to any"auto" rented or leased b. Cherry pickers and similar devices used to by you or any of your"employees." raise or lower workers; or i - i CA 00 01 03 10 Copyright Insurance Services Office, Inc.,2009 Page 11 of 12 6. Vehicles not described in Paragraph 1., 2., 3, or K "Property damago" means damage to or loss of use 4. above maintained primarily for purposes other of tangible property. than the transportation of persons or cargo, y, "Suit"means a civil proceeding in which: However, self-propelled vehicles with the following types of permanently attached 1. Damages because of "bodily injury" or "property equipment are not"mobile equipment"but will be damage";or considered"autos": 2. A"covered pollution cost or expense"; a. Equipment designed primarily for; to which this insurance applies, are alleged. (1) Show removal; "Sulf,includes: (2) Road malntenanca,but not construction or a. An arbitration proceeding in which such resurfacing;or damages or "covered pollution costs or (3) Street cleaning; expenses" are claimed and to which the b. Cherry pickers and similar devices mounted "Insured"must submit or does submit with our y consent; or on automobile or truck chassis and used to raise or lower workers; and b. Any ocher alternative dispute resolution or c. Air compressors, pumps and generators, proceeding in which such damages re "covered pollution costs or expenses" are including spraying, welding, building cleaning, claimed and to which the insured submits with geophysical exploration, lighting or well- our consent. servicing equipment. However, "mobile equipment" does not include land 0. "Temporary, worker" means a person Is p furnished to you to substitute fora permanent vehicles that are subject to a compulsory or financial "employee" on leave or to meet seasonal or short- responsibility law or other motor vehicle insurance term workload conditions. law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial P. "Trailer"includes semitrailer. responsibility law or other motor vehicle insurance law are considered"autos." L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. i I Page 12 of 12 Copyright Insurance Services Office, Inc.,2009 CA 00 01 03 10