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HomeMy WebLinkAboutPW11-333 - Original - Northwest Hydraulic Consultants, Inc. - Hawley Road Levee - 11/21/2011 Records Igama'gerne"'n"' KEA :T Document w.anixorox j 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. j Vendor Name: Northwest Hydraulic Consultants, Inc. Vendor Number: JD Edwards Number Contract Number: poll- �33 This is assigned by City Clerk's Office Project Name: Hawley Road Levee Description: CI Interlocal Agreement ❑ Change Order El Amendment ® Contract O Other: Contract Effective Date: Date of the Mayor's Signature Termination Date: 12/31/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nick Horn Department: Engineering I Detail: (i.e. address, location, parcel number, tax id, etc.): Provide technical support in the_response to questions by FEMA and its_contractors regarding submittals related to the application for a Conditional Letter of Map Revision (CLOMR).-- i S:Poblic\RecorcisManagement\Forms\contractcover\adcc7832 11/88 i ` I K6i 1tl ! � was"ix c.ox 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, 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: I The Consultant shall provide continued technical support in the response to questions by FEMA and its contractors regarding submittals related to the application for a Conditional letter of Map Revision (CLOMR) for the Hawley Road Levee project. 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. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifteen Thousand Dollars ($15,000.00), plus applicable Washington State sales tax, 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 6, 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. i 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. i 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. i 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 i 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. The Consultant shall hold harmless and indemnify the City, its officers, officials, employees, agents and volunteers from and against losses, liabilities, expenses, and costs, including, without limitation, all legal costs and attorney fees caused by the Consultant's negligence in its performance of professional services under this Agreement. As respects its operations under this Agreement other than the performance of professional services, Consultant shall, to the fullest extent permitted by law, hold harmless, indemnify, and defend the City, its officers, officials, employees, agents and volunteers 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. 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) i 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. 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 Dlsputes 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. CONSULTANT SERVICES AGREEMENT- 4 (Over$10,000) 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. I 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 i 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. C sfgnat e) By4tN (signature) Print Name:, -TQ� ��., Ache Prje Suzette Cooke Its Its Mayor {htte DATE: __ DATE: 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 Rd,, Suite 350 220 Fourth Avenue South Seattle, WA 98188 Kent, WA 98032 I (206) 241-6000 (telephone) (253) 856-5500 (telephone) (206) 439-2420 (facsimile) (253) 856-6500 (facsimile) CONSULTANT SERVICES AGREEMENT- 5 (Over.$10,000) APPROVED AS TO FORM: 4m ` 127k� Kent Law Department I NHC-Harvley Rd 21Nom ' III G CONSULTANT SERVICES AGREEMENT- 6 (Over$10,000) r DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY I The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this Z`b3 day of 0a61%( 201, By: Is�s ��� � �✓`� ' For: ja�"tla�1GST� gft))U c- Cj6rt3"U-11 I(AL Title: ? r- G tyrlu Date: �dl Zl t 1j EEO COMPLIANCE DOCUMENTS - 1 ! CITY OF KENT ADMINISTRATIVE POLICY I NUMBER: 1.2 EFFECTIVE DATE: January. 1, 1998 i 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 i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT i 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 Northwest Hydraulic Consultants, Inc. I Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Hawley Road Levee that was entered into on the November 21, 2011.(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. 4 By: For: Nt�f-jt �V�e � `��'{ZK3�ll 1 C CtlrS !� �t rI Title: Date: I I I EEO COMPLIANCE DOCUMENTS - 1 i EXHIBIT A SCOPE OF WORK - HAWLEY ROAD LEVEE CLOMR REVIEW RESPONSE DESCRIPTION OF WORK / PROJECT OBJECTIVES The objective of this contract is for Northwest Hydraulic Consultants, Inc. (NHC)to provide continued technical support in the response to questions by FEMA and its contractors regarding submittals related to the application for a Conditional Letter of Map Revision (CLOMR) of the Hawley Road Levee TASKS, ITEMS, AND WORK PRODUCTS NHC shall furnish all services and labor necessary to furnish responses to comments from FEMA and it contractors Major items NHC will be responsible for responding to include Interior Drainage Analysis, Floodplain Modeling& Mapping, Scour Analysis, and Risk Based Analysis of Reduced Freeboard Upon receipt and analysis of comments from FEMA and/or its contractors NHC and the City of Kent shall jointly agree to a) all comments that NHC is responsible for, and b)the type of response and deliverable required Work and work products may include but not be limited to • Written responses and clarifications to comments. • Direct communications with FEMA contractors regarding comments received • Modification and re-running of hydraulic models. • Modification of floodpiain mapping products • Preparation of revised reports and mapping products in hard copy and digital form for re- submittal • Review and coordination with City of Kent and other consultants to ensure consistency of all deliverables • Meetings and other communications as necessary or requested in the preparation of responses. STAFF AND COORDINATION WITH OTHERS The Principal-in-Charge will be Mr Todd Bennett Mr Vaughn Collins will serve as project manager and senior engineer, and Alex Anderson will serve as engineer NHC will coordinate with geotechnical consultants and the City of Kent the in scheduling and delivery of products needed for geotechnical analysis, plan revision and resubmittal SCHEDULE Schedule is dependent upon FEMA contractor review time and scope of comments received Upon receipt of comments from the City of Kent, NHC and Kent shall jointly agree 10 a schedule of response for each comment It is understood that there is a 90 day response deadline upon receipt of comments from FEMA that must be met in all cases 1 i COST ESTIMATE Northwest Hydraulic Consultants Estimate of Professional Services 16300 Christensen Road,Suite 350 Prepared for: City of Kent Seattle,WA 98188.3418 Project: Hawley Road CLOMR Response Tel,(206)241-6000 Date: October 17,2011 Fax(206)439.2420 Project#: Prepared By: Vaughn Collins I TASK DESCRIPTION Sr Jr Totall Pancl at Engineer Engineer Engmeer GIS Tech Giedcai $0 $0 Post Submittal ReNew Suppon 4 40 36 12 8 $13,603 Total n $13,603 Total Hours J 4D 1 400 1 360 1 00 1 120 SO Direct labor Rate 6753 4952 3632 3069 2212 2280 Overhead(208 7%) 14094 10335 7579 6405 4615 4758 Prord(10%of DL+OH) 2085 1529 1121 947 683 704 Rates $22932 $168 16 $i2332 $10421 $7610 $R 42 TOTAL LABOR COST(NHC) $13 603 Direct Ex ense Detail Units Rate Cost Reproducfion,Counars,&Communication - 1 1,578'$ 1,378 Mileage 36 0611$ 18 $ Coat unrinwry Total Latwr $ 13,603 Total Direct ECPenses $ 1,396 TOTAL COST $ 15,000 I i 2 i i I I 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. I 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. The City shall be named as an Additional 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. 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. i I EXHIBIT B (Continued) I 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 Lability. 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 Consultant 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 it — j I OP ID KT �ac�szt�° CERTIFICATE F LIABILITY INSURANCE DATE06127DIYYYY, �-= 6/27111 I 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 ODES 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 lies) must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER 206-632-1433 CONTACT Griffith Insurance Group,Inc PHONE 3841 Aurora Ave N Suite 100 206.632-04 C No Ee ff I fAIC Nor E-MAIL .._.._ _ Seattle,WA 98103 aDDREss Mike Griffith FNE _' PRODUCER CUSTOMER IDk NDR4060.._ ._ --- ''}u i INSVRER(S)AFFORDING COVER AGE NATO INSURED Northwest Hydraulic �r � INSURER The Hartford Casual Ins CO Consultants,Inc INSURER IT 16300 Christensen Rd#35o CITY w°1ej F ,"� I S RE RC _ Tukwila,WA 98188 ENGINEERING L jf�UTERD _ 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INBR TYPEOF INSURANCE RDD B _,____POLICY NUMBER MMII)Dfl'YVY iMIODYYYYY LIMITS LTR ._ ....... GENERALLIABILITY EACHOCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 52UUNPX0936 06f30111 06/30112 DAMAGE TO RENT PRENISEB(Ea cccurcence5 I$ 300,000 _ CLAIMS-MADE OCCUR MEO EXP(My one Person) ($ 10,000 X WA Stop Gap PERSONAL&ADD INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 DEAL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 2,000,000 X POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000,000 tEa scoidem) A X ANYAUTo 52UUNPX0936 06130H1 08/30/92 BODILYINJURY IPerpwson) $ ALL OWNED AUTOS BODILY INJURY(Per eeadsnQ $ SCHEDULEDAUTOS PROPERTYDAMAGE HIREDAUTOS IParacadern)_ $ NOWOWNED AUTOS __...-.... $ If X UMBRELLA LIAS X OCCUR EACH OCCURRENCE $_ 51000,000 EXCESS LIAR CI-APOS MADE AGGREGATE 9 5,000,000 — DEDULTIBLE $ X RETENTION $ 10,000 S WORKERS COMPENSATION WC STATU- i OTH- AND EMPLOYERS'LUSILITY TQRYLWE , ANY PROPRIETDRPARTNERIEXECU7VE YIN EL EACHAOCIDENT S OFFICER,MEMBER EXCLUDED' NIA It describe NH) EL DISEASE-EA EMPLOYE S i noan describe under DE66RIPTION OF OPERATIONS bel.y EL DISEASE-POLICY LIMIT $ A Property Section 62UUNPX0936 7 6f30H1 06/30112 BPP 126,00 DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES (ANach ACORO 10/,Additional Remarks Schedule,If more spaces regwred) 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 HG 00 01 06 05. I CERTIFICATE HOLDER CANCELLATION CITYKNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL 9E DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS Attn,Nancy Yoshitake 220 4th Ave S AUTHORIZED REPRESENTATIVES Kent,WA 98032 ©1988.2009 ACORD CORPORATION All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD Griffith Insurance Group, Inc. MEMO Page 1 3841 Aurora Are N.,Suite 100 Seattle,WA 981.03 NOR4000 KT 06J27/2011 Phone: 206-632-1433 Fax: 206-632-0878 • - --, FOR ON—ON IWWMKI* ! POTAM N 52UUNUS3744 T�V by r4Y p_Ii7F ill PCKG 06130/2010 0613p12011 Northwest Hydraulic Consultants,Inc. 16300 Cliristensen Rd#350 Tukwila,WA 98188 I j '•'. . _ r r, °ee�n..�? ^irfi'fie:.«mw:+revm+�--aF •rrytanr,�ro7�', !. ''F't`ances - Rci 'Renewal !. I Effective 6/30/2011 your current certificate for Northwest Hydraulic Consultants, Inc. will expire. I have enclosed the following renewal certificate to forward as needed. In order to conserve paper, please note that we have not enclosed the endorsement form HG 00 01 06 05. This form remains the same as last year and if another copy is needed for your file, please email nicole@griffithinsurancegroup.com. If you should have any questions or need additional information please give our office a call. Thank you, Griffith Insurance Group, Inc. I Kc)� Katie Satins I i ! II - _ I ' OP ID,KT 'ate�' CERTIFICATE OF LIABILITY INSURANCE DATD3114111YYY, 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 i IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pDllcy(ies)must be endorsed If SUBROGATION 18 WAIVED,subject to the terms and conditions of the policy,Certain policies may require an endorsement. A statement on this certificate does not center rights to the certificate holder in lieu of such endorsements. PRODUCER 200-632.1433 MIEAGT Griffith Insurance Group,Inc. 206.632-0876 PHONE FAX 3841 Aurora Ave INSune 100 Seattle,WA 98103 E-A4AN. AROUE: Mike Griffith -PRODUCE cuMTq,i,nI,,iUNOR4000 INSURER I AFFORDING COVERAGE MAIC9 IN$UEED Northwest Hydraulic INSURER A Evanston Insurance Company Consultants,Inc, INBURER B• 16300 Christensen Rd#350 INSURER c Tukwila,WA 96188 INSURER D' _.,.._- i INBUHER E. INSUflefl 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 DOCU64ENT 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 _ INS---- ADbIJSUa -"- FOLIC EFF POLiCI'E%P -�— -- --- -- -- TYPEOPINSURANCE POLICYNUMBER MMIDtl O YY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE __ $ DAMAGE TO R[NTED COMMERCIAL GENERAL LIABILITY PREMISES urrenw B F CLAIMS MADE �10CCUR MED EXP A,v/one etmn $ PERSONAL&ADV INJURY .� GENERALAGGREGATE $ GEN.AGGREGATE UMITAPLIES PER PRODUCT&-COMPILE AGO $ POLICY Ir PRO- LOU ; AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Easccident) ANY AUTO BODILY INJURY(PAT perxn) $ ALLOWNEDAUTOS aODiLYiNJURY{Par.mdeel) $ _ SCHEDULEDAUTOS PRGPEHTY—_...............,DAMAGE_—_......_..___ $ HIREDAUTOS (Pornandarl) NON OWNED AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE. EXOESS LIAR CtAOA&MACE AGGREGATE __ $ DEDUCTIBLE RETENTION S S. WORKERS COMPENSATION WGS ATU-iy OTH- DF.SLZRIPSONOr OPEaATIONSbeI EMPLOYERS'LIABILITY Y� V. E,L DISEASE,OICYLEAT 4 ANY PROPRIET01UPARTNERlEXECLmVE CL EACH ACCIDENT $ OFFICERPMEMBER eXCI UDE01 NIA If ea doecn6a urMor """"""— —' A Professional Llab AE-920564 03/12111 03M 2112 Ea claim 2,000,000 j AggregalD 2,DOg400 DESCRIPTION OF oP InsuI LOCATIONS!VEHICLES(Atlaoh AGGRO 101�Add,ilona!PemarNs 9ohotlule,it more spaeo In requlretll Those usual to the the(nsured's operations CERTIFICATE HOLDER CANCELLATION CITYKNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CANCELLED BEFORE Clty of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL fiE DELIVERED IN ARE Nancy Yoshilake ACCORDANCE WITH THE POLICY PROVISIONS 220 4th Ave S Kent,WA 08032 AUTH�HORIRiIIZZEEEDDDRREPRESENTANVE ©1988.2009 ACORD CORPORATION. All rights reserved. ACORD 26(2009109) The ACORD name and logo are registered marks of ACORD i ii COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage Read (2) The "bodily injury" or"property damage"occurs the entire policy careful!y 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"anc '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" cla ric knew i'nat the "bodily injury" or "property refer to the stock insurance company member of The damage" had occurred, in whole or in part If Hartford providing this insurance, such a listed Insured or authorized "employee" The word "insured" means any person or organization knew, prior to the policy period, that the "bodily qualifying as such under Section It—Who Is An Insured injury" or"property damage" occurred,then any Other words and hisses that a in quotation marks continuation, change or resumption of such P appear q bodily injury or property damage" during or have special meaning. Refer to Section V—Dafmilions, 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 o. "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 f of Section II—Who Is An Insured or any employee legally obligated to pay as damages because of authorized you to glue or "bodily injury" or "property damage` to which this receive nonce of an"occurrencee""o'bodily " insurance applies. We will have the right and duty (1) Reports all, or any part, of the bodily Injury or I to defend the insured against any "suit" seeking "property damage"to us or any other insurer, those damages However, we will have no duty to (2) Receives a written or verbal demand or claim defend the insured against any "suit" seeking for damages because of the "bodily injury" or damages for"bodily injury"or"property damage"to "property damage",or which this insurance does not apply We may, at (3) Becomes aware by any other means that j our discretion, investigate any "occurrence" and "bodily injury" or "properly damage" has settle any claim or"sut"that may resu't.But: occurred or has begun to occur (1) The amount we will pay for damages is Iinided d, Damages because of "bodily injury''' include as described in Section III — Limits Of damages claimed by any person or organization for Insurance;and care, loss of services or death resulting at any time (2) Our right and duty to defend ends when we from the"bodily Injury". have used up the applicable limit of insurance in o. Incidental Medical Malpractice the payment of judgments or settlemenls under Coverages A or B or medical expenses under (1) "Bodily injury" arising out of the rendering of or Coverage C. failure to render professional health care services as a physcian, dentist, nurse, No other obligation or liability to pay sums or emergency medical technician or paramedic perform acts or services is covered unless expiicilly shall be deemed to be caused by an provided for under Supplementary Payments — "occurrence",but only if Coverages A and B, (a) The physician, dentist, nurse, emergency b. This insurance applies to "bodily injury" and medical technician or paramedic is "property damage"only If, 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 0Page 1 of 10 2006 The Hartford � (Includes copyrighted material of Insurance Services Office, Inc with its permission) i i (2) For the purpose of determining the limits of d. Workers'Compensation And Similar Laws j insurance for incidental medical malpractioe, Any obligation of the insured under a workers' any act or omission together with ad 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 (a) Employment byihe insured;or "Bodily injury" or "property damage" expected or Intended from the siandpolnf 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 "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 obligaied 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 oN gation 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". "mewed contract",provided the'bodily injury"or f, pollution "property damage" occurs subsequent to the execution of the contract or agreement Solely (1) "Bodily injury, "property damage" arising out of ilia actual, alleged or threatened discharge, for the purposes of liability assumed in an "insured contract",reasonable attorney fees and dispersal, seepage, migration, release or necessary litigation expenses incurred by or for escape of"pollutants" a party other than an insured are deemed to be (a) At or from any premises, site or location damages because of"bodily injury" or"property which is or was at any time owned or damage",provided occupied by, or rented or loaned to, any (a) Liability to such 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 litigation expenses building and caused by smoke, fumes, are for defense of that party against a civil or vapor or soot produced by or originating alternative dispute resolution proceeding in from equipment that is used to heat, cool which damages to which this insurance or dehumidify the budding, or equipment applies are alleged, that is used to heat water for personal a Liquor Liability guests; by the building's occupants or their "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 to a addoo to your policy as an adds ionat person under the legal drinking age or under the insured with respect to your ongoing Influence of alcohol,or operations performed for that additional 3 An statute ordinance or regulation relating to Insured at that premises, site or location O Y g g and such premises, site or location is not the sale, gift, distribution or use of alcoholic and never was owned or occupied by, or beverages, rented or loaned to, any insured, other This exclusion applies only if you are in the than that additional insured,or business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. Page 2 of 18 HG 00 01 06 05 III I (Ili) "Bodily injury" or "property damage" (a) At or from any premises, site or location on arising out of heat, smoke or fumes from which any insured or any contractors or a"hostile fire subcontractors working directly or indirectly (b) At or from any premises, site or location on any insured's behalf are performing which is or was at any time used by or for operations if the operations are to test for, } any insured or others for the handling, rnorotor, 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, "pollutanis , (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 orfor' regulatory requirement that any Insured or (i) Any Insured;or others test for, monitor, clean up, remove, (it) Any person or organization for wham you contain, treat, deloxity or osutrahze, or In may be legally organization n any way respond to, or assess the effects of, Y g Y p 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, bossing on any insured's behalf are performing up, removing, containing, treating, operations if the "pollutants" are brought on detoxifying or neutralizing, or in any way or to the premises, sito or location in responding to, or assessing the effects of, connection with such operations by such "pollutants" Insured, contractor or subcontractor. However, this subparagraph does not apply However, this paragraph does not apply to to; liability for damages because of "property (f) "Bodily injury" or "property damage" damage" that the insured would have in the arising out of the escape of fuels, absence of such request, demand, order or g P 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 1he 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"asses out of This exclusion applies even if the claims against the intentional discharge, dispersal or any insured allege negligence or other wrongdoing release of the fuels, lubricants or other in the supervision, hiring, employment, training or ' operating fluids, or if such fuels, mon toring 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 promises, 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 pas aircraft, "auto" or watercraft that Is owned or of the operations being performed by operated by or rented or loaned to any insured, such Insured, contractor or subcontractor; This exclusion does not apply to: (h) "Bodily injury" or "property damage" (1) A watercraft while ashore on premises you own sustained within a budding and caused or rent, by the releaso of gases,fumes or vapors (2) A watercraft you do not own that is: from materials brought into that building (a) Less than 51 feet long,and in connection with operations being performed by you or on your behalf by a (b) Not being used to carry persons for a contractor or subcontractor;or charge, (III) "Bodily injury" or "properly damage" (3) Parking an "auto" on, or on the ways next to, arising our of neat, 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 10 II I I (4) Liability assumed under any 'insured contract" working directly or indirectly on your behalf are for the ownership, maintenance or use of performing operations, if the 'property damage" aircraft or watercraft, arises out of those operations,or (5) "Bodily injury" or "property damage" arising out (6) That particular part of any property that must be of the operation of any of the equipment listed In restored, repaired or replaced because "your Paragraph f.(2) or f.(3) of the definition of work"was incorrectly performed on it. "mobile equipment";or Paragraphs (1), (3) and (4) of this exclusion do not (6) An aircraft that is not owned by any insured and apply to "property damage" (other than damage by Is hued, chartered or loaned with a paid crew fire) to premises, including the contents of such However, this exception does not apply if the premises, rentod 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 damago", whether the other applies to Damage To Premises Rented To You as insurance is primary, excess, contingent or on described in Section III-Umits Of Insurance any other haste, paragraph(2)of this exclusion does not apply If the h. Mobile Equipment premises are"your work"and were never occupied, "Bodily)nlury'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 rentod 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(a), (4), (5) and(6) of this exclusion do practice for, or while being prepared for, any not apply to liability assumed tinder a sidetrack prearranged racing, speed, demolition, or agreement stunting activity Paragraphs (3) and (4) of this exclusion do not 1. War apply to"property damage"to borrowed equipment "Bodily injury" or "property damage', however while not being used to perform operations at the Y 9 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 "products- (2) Warlike action by a military farce, 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 ocher authority using military "Property damage"to"your product"arising out of it personnel or other agents; or or any pad of it (3) insurrection, rebellion, revolution, usurped 1. Damage To Your Work power, or action taken by governmental 'Property damage"to"your work"arising out of Itor authority in hindering or defending against any any part of it and Included In the "products- of these completed operations hazard" ). Damage To Property This exclusion does not apply If the damaged work "Property damage'to or the work out of which the damage arises was 1 Property you own,rent,or occupy, g any performed on your behalf by a subcontractor. O t y y py,,or a m m. Damage To Impaired Property Or Property Not costs or expenses Inourred by you, or any other person, organization or entity, for repair, Physically Injured replacement, enhancement, restoration or "Property damage" to "impaired property" or maintenance of such property for any reason, properly that has not been physically Injured, Including prevention of injury to a person or arising out of: damage to anther's property, (i) A defect, deficiency, inadequacy or dangerous (2) Premises you sell, give away or abandon,if the condition in"your product'or"your work",or "properly 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 Ions of use of of the insured, other property arising out of sudden and accidental (5) That particular part of real properly on which physical Inpary to"your product"or"your work"after you or any contractors or subcontractors if has been put io Its Intended use i I Page 4 of 18 HG 00 0106 05 I n. Recall Of Products, Work Or Impaired kind to persons or property which would not Property have Occurred in whole or in part but for the Damages claimed for any loss, cost or expense "asbestos hazard", incurred by you or others for the loss of use, (b) Anse out of any request, demand, order or withdrawal, recall, inspection, repair, replacement, statutory or regulatory requirement that any adjustment,removal or disposal of. insured or others test for, morntor, clean up, i (1) "Your product"; remove, encapsulate, contain, treat,detaxlfy 2 "Your work";or or neutralize or in any way respond to or O assess the effects of an "asbestos hazard"; (3) "Impaired properly"; or if 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 (mown or suspected up, removing, encapsulating, containing, dereci, deficiency, inadequacy or dangerous treating, detoxifying or neutralizing or In any condition in it way responding to or assessing the effects e, 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 corrupt while rented to you orlemporanly occupied by you with damage to, ion of, inability to access, or inability to corruption electronic data permission of the owner A separate limit of insurance applies to this coverage as described in Section III - As used in this exclusion, electronic data means Limits Of Insurance, information, facts or programs stored as or on, COVERAGE B PERSONAL AND ADVERTISING created or used on, or transmuted to or from INJURY LIABILITY computer software, incrxfing systems and applications software, hard or floppy disks, CD- 1. Insuring Agreement ROMS, tapes, drives, cells, deta processing a. We will pay those sums that the insured becomes devices or any other media which are used with legally obligated to pay as damages because of electronically controlled equipment "personal and advertising injury" to which this q. Employment-Related Practices insurance applies We will have the right and duty i m u to; to defend the insured against any "suit" seeking "8odil y j ry those damages However, we will have no duty to (1) A person arising out of any "employment- defend the insured against any 'sml" 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"an""that may result.But: related practices"are directed (1) The amount we will pay for damages is limited This exclusion applies- as described in Section 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 duly 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 also who must pay damages payment of judgments or settlements under because of the injury Coverages A or B or medical expenses under Coverage C. r. Asbestos No other obligation or liability to pay sums or (1) "Bodily injury" or"property damage' arising out perform acts or services is covered unless explicitly of the'asbestos hazard'. provided for under Supplementary Payments - (2) Any damages, judgments, settlements, loss, Coverages A and B. costs or expenses that-b. This insurance applies to "personal and advertising (a) May be awarded or Incurred by reason of injury' caused by an offense arising out of your any claim or suit alleging actual or business but only if the offense was committed in threatened injury or damage of any nature or the'coverage territory"during the policy period, HG00010605 Page5of10 i i i I i I i 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 Ot Rights 01 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 ilia Insured with the Businesses expectation of tnflictng "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 ans�ng out of oral, telecasting; written or electronic publlcation 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 falsify (3) An Internet search, access, content or service c. Material Published Prior To Policy Period provider. j "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„ It. and c. of "personal and first publication took place before the beginning of advertising injury" under the Definitions Section, the policy period For the purposes of this exclusion, placing an d. Criminal Acts "advertisement"for or linking to others on your web "Personal and advertising injury" arising out of a site, by itself, is not considered the business of criminal act committed by or at the direction of the advertising,broadcasting,publishing or telecasting, insured, k Electronic Chatrooms Or Bulletin Boards e. Contractual Liability "Personal and advertising injury" arising out of an "Personal and advertising injury" for which the electronic chatroom or bulletin board the insured Insured has assumed liability in a contract or hosts, owns, or over which the insured exercises agreement This exclusion does not apply to liability control for damages that the insured would have in the I. Unauthorized Use Of Another's Name Or absence of the contract or agreement, Product f. Breach Of Contract "Personal and advertising injury" arising out of the "Personal and advertising injury" arising old of a unauthorized use of anther's name or product In breach of corilmot, except an implied contract to use your e-mail address, domain name or meiatags, or anther's"advertising idea"in your"advertisement", any other similar tactics to mislead anothers g. Quality Or Performance Of Goods —Failure To potential customers m pollution Conform To Statements Personal and advertising injury" arising out of the "Personal and advertising injury" arising out of the failure of goods, products or services to conform actual, alleged or threatened discharge, dispersal, with any statement of qualify or performance made seepage, migration, release or escape of In your"advertisement" "pollutants"at anytime, h. Wrong Description Of Prices n. Pollution-Related "Personal and advertising injury' arising out of ilia Any loss,cost or expense arising out of any: wrong description of the price of goods, products or (1) Request, demand, order or statutory or services, regulatory requirement that any insured or I. Infringement Of Intellectual Property Rights others test for, monitor, clean up, remove, "Personal and adverticing injury" arising out of any contain, treat, detoxify or neufralrzp, nr in any way respond to, or assess the effects of, violation of any intellectual property rights such as "pollutants",or copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin (2) Claim or suit by or on behalf of a governmental or authenticity authority for damages because of testing for, However, this exclusion does not apply to mon Loring, cleaning up, removing, containing, 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 FIG 00 01 06 05 o, War (2) The spouse, child, parent, brother or sister of "Personal and advertising Injury", however caused, that person as a consequence of"personal and arising,directly or indirectly,out al. advertising in}ury" to that person at whom any (1) War,including undeclared or civil war; "employment-related practices"are directed This exclusion applies (2) Warlike action by a military force, including action in hindering or defending against an (1) Whether the insured may be liable as an actual or expected attack, by any government, employer or in any other capacity;and sovereign or other authority using military (2) To any obligation to share damages with or personnel or other agents;or repay someone else who must pay damages (3) Insurrection, rebellion, revolution, usumed 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" ansing 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"adverilsement"for others on your web site; costs or expenses that (2) Placing a link to a web are of others on your (a) May be awarded or incurred by reason of web site, any claim or suit alleging actual or threatened Injury or damage of any nature or (3) Content, including information, sounds, lest, kind to persons or property which would not graphics, or images from a web site of others have occurred in whole or in part but for the displayed within a frame or border on your web "asbestos hazard"; site;or (4) Computer code, software or programming used (b) Arise out o€ any request, demand, order or to enable: statutory or regulatory requirement that any insured or others test for, manttor, 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 tie removing, encapsulating, containing, any slate or federal act, treating, endingclatoxify to or assessing the or m 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 "Personal and advertising injury" arising out of a for"bodily injury"caused by an accident violation of any anti-trust law 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 fiuclual on 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 HG 00 01 06 05 Page 7 of 18 b. We will make these payments regardless of fault e. All costs taxed againstthe Insured in the"suiP, These payments will not exceed the applicable limit f, Prejudgment interest awarded against the insured of insurance.We will pay reasonable expenses for; on that part of the judgment we pay If we make an (1) First aid administered at the dine of an accident; offer to pay the applicable li and 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 Ilia 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 W e 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 mdemnitee of the insured is also named as a party to a person hired to do work for or on behalf of any the "suit", we wil' defend that Indemnitee if all of the To to a pensed a tenant of any Insured fallowing conditions are met. insuc. Injury On Normally occupied Premises a. The "suit' against the indemnitee seeks damages for which the insured has assumed the liability of To a person injured on that pail of premises you the indamnitee in a contract or agreement that is an own or rent that th(,.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 indernnflse, has also been assumed by the or disability benefis law or a similar law. insured in the same"Insured contract'; a. 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 indemndee, f, Products-Completed Operations Hazard e. The indemnlee and the insured ask us to conduct I and control the defense of that mdemnitee against Included within the "products complstad 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) Immed,aiely 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 arldrig (c) Notify any other insurer whose coverage is out of the use of any vehicle to which the Bodily available to the indemnities.,and Injury Lability Coverage applies We do not have (d) Cooperate with us with respect to to furnish these bonds coordinating other applicable msurancs o. The cost of appeal bonds or bonds to release available to the indemnitee;and attachments, but only for bond amounts within the (2) Provides us with written authorization to: applicable limit of insurance. We do not have to furnish these bonds, (a) Obtain records and other information related to the"suit";and d. All reasonable expenses incurred by the Insured at our request to asset us in the investigation or (b) Conduct and control the defense of the defense of the claim or "suit", including actual loss Indemnifee 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 ut the defense of that Indemnitee, Page 8 of 18 HQ 00 01 06 05 II necessary litigation expenses Incurred by us and However, none of these "employees" or "volunteer necessary litigation expenses incurred by the workers"are insureds for: indeimnhee at our request will be paid as (1) "Bodily injury" or "personal and advertising Supp'ementary Payments Notwithstanding the injury" provisions of Paragraph 2 le (2) of Secton I — (a) To you, to your partners or members (if you Coverage A — Bodily Injury And Property Damage Liability, such payments will not be doomed to be are a partnership or Joint venture), to your damages for"bodily injury"and"property damage"and members (it you are a horded 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 mdemniiee 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 judgmems or settlements;or (b) To the spouse,child, parent, brother or sister b. The conditions set forth above, or the terms of the of that co-"employee" or that "volunteer agreement described in Paragraph f,above,are no worker" as a consequence of Paragraph longer met. (1)(a) above; SECTION 11—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 o`but only with respect to the conduct of a business scnbed In Paragraphs{7)(a) or (b)obeys, of which you are the sole owner b. A partnership or joint venture, you are an insured {d} Arising out or her providing or 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 servces, Paragraph(d) does not apply to any nurse, emergency o. A limited liability company, you are an Insured, 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 duties as your managers. (a) Owned,occupied or used by, d. An organization other than a partnership, pint (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 Any person (other than your "employes" or trustees, 2. Each of the following is also an Insured. "volunteer worker"), or any organization while acting as your real estate manager. a. Employees and Volunteer workers c. Temporary Custodians of Your Property Your "volunteer workers" only while performing Any person or organization having proper duties related to the conduct of your business, or temporary custody of your properly if you die but your"employees", other than either your"executive only officers" (if you are an organization other than a partnership, joint verdure or limited liability (1) With respect 10 liability arising out of the company) or your managers (if you are a limited maintenance or use of that property,and habdity 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 relatedio the conduct of your business, d. Legal Representative If You Die Your legal representative if you die, but only with respeol to duties as such That representative will HG 00 01 as 05 Page 9 of 18 i I have all your rights and duties under this Coverage 5, 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 waiercrah with your permission Any own a financial interest of more than 50% of the other person or orgamzalion responsible for the voting stock on Cite 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 or 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 10 that person or organization for this liability.insured does nor apply to injury or damage with respeci to which an insured under lhei 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. "Roddy Injury' to a co-'employee" of the person termination or the exhaustion of its limits of operating ihe watercraft,or insurance b. "Property damage"to property owned by, rented to, 3, Newly Acquired or Formed Organization in the charge of or occupied by you or the employer Any organization you newly acquire or form,other than of any person who is an Insured under this a partnership, joint venture or limited liability company, provision and over which you maintain financial interest of more 8. Additional Insureds When Required By Written than 50% of the voting stock, will quality as a Named Contract,Written Agreement Or Permit Insured rf there is no other similar insurance available -nip 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 end of the policy period, person or organization be added as an additional whichever is earlier; insured on your policy, provided the injury or damage b. Coverage A does not apply to 'bodily injury" or occurs subsequent to the execution of the contract or "property damage" that occurred before you agreement acquired or formed the organization,and A person or organization Is an additional insured under c. Coverage B does nor apply to 'personal and this provision only for that period of time required by advertising injury" rising out of an offense the contractor 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 endorsoment 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 white driving such equipment Any person(s) or organizations) (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 "properly damage"arising out of"your products" such person is also an insured, but only with respect to which are distributed or sold in the regular course liability arising out of the operation of the equipment, of the 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 liablirly However, 'property damage" included within the 'products- nc person or organization is an Insured with respect to completed operations hazard" a. "Bodily Injury" to a co-"employee° of the person (1) The inviranoe afforded the vendor Is subjcol to driving the equipment,or the following additional exclusions, b. "Properly 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 'properly 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 ro liability for damages that the vendor would have in the absence of the coMraci or agreement, Page 10 of 18 HG 00 01 06 05 I (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 ou of the ownership, maintenance or use of for the purpose of inspecilon,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, (e) Any failure to make such inspections, This insurance does not apply to: adjustments,tests or servicing as the vendor 1. Any 'occurrence" which takes place after you has agreed to make or normally undertakes cease to lease that land,or to make in the usual course of business, to 2, S1ruclural alterations, now construction or connection with the distribution or sale of the products; demolition operations performed by or an behalf (f) Demonstration, ins+,allailon, 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 rls own acts or omissions or those of its With respect to the insurance afforded these employees or anyone else acting on its additional insureds, the following additional behalf, However, this exclusion does not exclusion apples (i)Theapply exceptions contained In Sub- This insurance does not apply to "bodily injury", paragraphs do or{i);or "property damage" or "personal and advertising injury' arising out of the rendering of or the failure (h) 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 undedakes to make in 1. The preparing, approving, or failing to prepare the usual course of business, in or approve, maps, shop drawings, opinions, connection with the distribution or sale of reports, surveys, field orders, change orders or the products drawings and 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. acqured such products, or any Ingredient, part e Permits Issued By State Or political or container, en .entering into, accompanying or Subdivisions containing such products b. LessorsofEqulpment Any state or political subdvision, but only with respect to operations performed by you or on your (1) Any person or organization from whom you behalf for which the state or political subdivision lease equipment, but only with respect to their has issued a permit liability for "bodily injury" "property damage" or "personal and advertising injury" caused, In VJiih mapper ro the insurance afforded these whole or to part, by your maintenance,operation additional insureds, this insurance does not apply or use of equipment leased to you by such to, person or organization, (1) "Bodily injury", "property damage' or `personal (2) With respect to the Insurance afforded to these and advertising injury" arising out of operations additional insureds (his insurance does not performed for the stafe or municipality;or apply to any "occurrence" which fakes place (2) "Bodily injury" or "property damage" included after the equipment lease expires within the "products-compleled operations hazard". HG 00 01 0605 Page 11 of 18 f. Any Other Party c. Persons or organizations making claims or bringing Any other person or organization who Is not an °suds" Insured under Paragraphs a through e above, but 2. General Aggregate Limit only with respect to liability for "bodily injury", The General Aggregate Limit is the most we will pay property damage" or personal and advertising for the sum of, Injury" caused, in whole or in part, by your acts or a. Medical expenses under Coverage C; j 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 "property damage" 2 In connection with our premises owned b or Included in the "products-completed operations O Y p y hazard",and �I rented to you;or is. Damages under Coverage B, (3) In connection with "your work' and included within the "products-completed operations 3. Products-Completed Operations Aggregate Limit hazard", but only if The Products-Completod 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 10 such because of 'bodily injury" and "property damage` additional insured,and included in the "products-completed operations (b) This Coverage Pail provides coverage for hazard" "bodily injury"or'properly damage" included 4. Personal and Advertising Injury Limit within the "products-completed operations Subject to 2, above, the Personal and Advertising hazard" Injury Limit is the most we will pay under Coverage B With respect to the insurance afforded to these for the sum of all damages because of all ''personal additional insureds,this insurance does not appiy and advertising Injury"sustained by any one person or to: organization 'Bodily injury", "property damage"or"personal and S. Each Occurrence Limit advertising injury" arising out of the rendering of, or Subject to 2. or 3.above,whichever applies, the Each the failure to render, any professional architectural, Occurrence Lund is the most we will pay for the sum engineering or surveying services,including: of, (1) The preparing, approving, or fading 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 damageu drawings and specifications,or (2) Supervisory, inspection, architectural or arising oil of any one Rannkedted T To You Limit e engineering activities Subject Damage To Premises Rented Subject to S. above, the Damage To Promises Rented The limits of insurance that apply to additional insureds To You Limit Is the most we will pay under Coverage A under this provision is described in Section III— Limits for damages because of"property damage' to any one Of Insurance premises, while rented to you, or In the case of How this insurance applies when other Insurance is damage by fire, lightning or explosion, while rented to available to the additional Insured is described in the you or temporarily occupied by you With permission of Other insurance Condition in Section IV—Commercial the owner. General Liability Conditions In the case of damage by fire, lightning or explosion, No person or organization is an insured with respect to the the Damage to Premises Rented To You Limit applies conduct of any current or past partnership,joint venture or to all damage proximately caused by the same event, limited liability company that is not shown as a Named whether such damage results from fire, lightning or Insured in the Declarations, explosion or any combination of these SECTION ill—LIMITS OF INSURANCE mit 'L The Most We will Pay 7. Medical Expense Subject to S. abovee,, the the Medical Expense Limit is the The Limits of Insurance shown In the Declarations and most we will pay under Coverage C for all medical the rules below fix the most we will pay regardless of expenses because of "bodily injury' sustained by any the number of, one person a Insureds; 8, How Limits Apply To Additional Insureds b. Claims made or"suits'brought;or it 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 i i . I 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, "stiff",and a, The limits of insurance specified in the written (4) Assist us, upon our request, in the enforcement of contract or written agreement,Or any right against any person or organization which b. The Unrolls of Insurance shown in the Declarations. may be liable to the insured because of injury or Such amount shall be a part of and not in addition to damage to which this insurance may also apply. Limits of Insurance shown in the Declarations and d. Obligations At The Insureds Own Cost described in this Section No insured will, except at that insured's own cost, The Limits of Insurance of this Coverage Part apply voluntarily make a payment, assume any separately to each consecutive annual period and to any obligation, or incur any expense,ocher than for first remaming 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 "suil" under this Coverage additional period of less than 12 months In that case,the Part chat may also be covered by other insurance additional period will be deemed part of the Iasi preceding available to an adddional insured, such additional period for purposes of determining the Limits of Insurance, Insured must submit such claim or "suit" to the SECTION IV — COMMERCIAL GENERAL LIABILITY other insurer for defense and indemnity CONDITIONS However, this provision does not apply to the 1. Bankruptcy extent that you have agreed In a written contract or Bankruptcy or insolvency of the Insured or Of the written agreement 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 01 Occurrence, Offense,Claim f. Knowledge Of An Occurrence, Offense, Claim Or Suit Or Suit a. Notice Of Occurrence Or Offense Paragraphs a, and b. espy to you or 10 any You or an additional insured must see to ii that we additional insured only when such occurrence", Y offense,claim or"suit"is known to. are notified as soon as practicable of an "occurrence" or an offense which may result in a (1) You or any additional insured that is an claim To the extent possible,notice should include: individual; (1) How, when and where the "occurrence" or (2) Any partner, 0 you or an adddional 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 additional officer"or r insurance omanaager, If arising out of the"cccurrence or offense. Y P 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 s ecGics Of the claim or additional insured is a political subdivision or O Y P public entity "suit"and the date received,and (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 If that we 3, Legal Action Against Us receive wntien notice of the claim or "suit" as soon as practicable No person or organization has a right under this a 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 Part unless all of Its notices, summonses or legal papers received in terms have been fully complied with connection with the claim or"suit'; Authorize us to obtain records and other A Person or organization may sue us to a an (2) 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 Pan or HG 00 01 06 05 Page 13 of 18 I 1 i i 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 Tonle Insurance of liability signed by us,the insured and the claimant or Any other insurance available to an additional the claimant's legal representative insured 4. other insurance However, the following provisions apply to other if other valid and collectible insurance is available to insurance available to any person or the insured for a loss we cover under Coverages A or organization who is an additional insured under B of this Coverage Part, our obligations are limited as this coverage part. follows, (a) Primary Insurance When Required By a. Primary Insurance Contract This insurance is primary except when b. below This Insurance is primary if you have agreed applies If other Insurance is also primary, we will in a written contract or written agreement share with all that other insurance by the method that this insurance be primary If other described in c.below, insurance is also primary, we will share with Is. 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 It you have agreed in a written contract, That is Fire,Extended Coverage,Builder's Risk, written agreement, or permit that this Installation Risk or similar coverage for "your insurance is primary and non-contributory with the addHional insureds 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 byyou wrIh permission of iho ownef, been added as an additional insured (3) Tenant Liability When this insurance is excess, we will have no That is insurance purchased by you to cover duty under Coverages A or B to defend the insured your liability as a tenant for 'property damage" against any"suit" if any other insurer has a duty to to premises rented to you or temporarily defend the insured against that suit". If no other occupied byyou 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 rnsumd's rights against all O those other insurers If the loss arises out of the maintenance or use When this Insurance is excess over other of aircraft, 'autos"or watercraft to the extent not insurance,we will pay only our share of the amount subject to Exclusion g of Section I -Coverage of the loss,if any,that exceeds the sum of A- Bodily Injury And Property Damage Liability; (1) The total amount lhat at such olhor 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 insuranoe 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 Owner Insurance in the Declaratrens of this Coverage Part Any other insurance available to you covering c. Method Of Sharing liability for damages arising out of the premises If all of the other insurance permits contribution by operations, for which you have been added ass or operations, products and completed 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 hind of insurance or rione of the loss remains, whichever comes first i Page 14 of 10 HG 00 01 06 06 j III 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 b. 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 S. Premium Audit against any person or organization for all or part of any payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Part, we also Part in accordance with our rules and rates. waive that right, provided the insured waived their b Premium shown in this Coverage Part as advance rights of recovery against such person or premumm is a deposit premium only. At the close of organization in a contract, agreement or permit that each audit period we will compute the earned was executed prior 10 the injury or damage premium for that period and send notice 10 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 date shown as the mad or deliver to the first Named Insured shown in the due date on the bill, If the sum of the advance and Declarations written notice of the nonrenewal not less t audit premiums paid for the policy period is greater than 30 days before the expiration data than the earned premium, we will return the excess to the first Named Insured If notice is mallad, proof of marling will be sufficient proof of notica, c. The first Named Insured must koop records of the SECTION DEFINITIONS information we need ter premium computation,and send us copies at such times as we rnay request 1, "Advertisement" means The widespread public 6. Representations dissemination of information or images that has the a. When You Acoa tThis Policy purpose of inducing the sale of goods, products or P y services through By accepting this policy,you agree: a. (1) Radio; (1) The statements in the Declarations are accurate (2) Television; and complete; (3) Billboard, (2) Those statements are based upon representations you made to us;and (4) Magazine; (3) We have issued this policy In reliance upon your (5) Newspaper, or representations. b. Any other publication that Is given widespread b. Unintentional Failure To Disclose Hazards public distribution If unintentionally you should fad to disclose all However, "advertisement"does not includo: hazards relating to the conduct of your business a. The design, printed material, information or images that exist at the inception dale of this Coverage contained in, on or upon the packaging or labeling Part, we shall net 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 specifeally 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 it each Named Insured were the only Named exposure to the actual or alleged properties of Insured,and asbestos and includes the more presence of asbestos b. Separately to each insured against wham claim Is in any form made or"suit"is brought 4, "Auto"means a land motor vehicle,voter or semitrailer ! 6, 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 payment, including Supplementary Payments, we a. Imury; 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 of 06 05 page 16 of t6 6. "Coverage territory"means: rented to you or temporarily occupied by you with a, 'rho United States of America (Including its territories permission of the owner is subject to the Carnage and possessions),Puerto Rico and Canada, to Premises Rented 7o You Limit described in b. International waters or airspace, but only if the Section III— nits of Insurance; Injury or damage occurs in the course of travel or h. A sidetrack agreement; transportation between any places included in a. 0. Any easement or license agreement, including an shoveler 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 apses out of, 60 feel 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; indemnity 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 e. An elevator maintenance agreement, short time on your business,or f. That part of any other contract or agreement (3) "Personal and advertising injury" offenses that periaming to your business (including an lake place through the Internet or slmtlar indemnification of a municipality in connection with electronic means of communication work performed for a municipality) under which you assume the tort liability of another party to pay for provided the [ranted's responsibility to pay damages is "bodily injury" or "property damage' to a third determined,n the United States of America (including its person or organization, provided the "bodily Injury" territories and possessions), Puerto Rico or Canada,in a or"property damage" is caused, in whole or in part, "suit" on the merits according to the substantive law in by you or by those acting on your behalf, -tort such terntory or In a settlement we agree to liability means a hab;hty,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-nalaled Practices"means; agreement that indemnifies a railroad for "bodily a. Refusal to employ person; Injury" or 'property damage" arising out of Ir. Termination of a person's employment;or construction or demolition operations,within 60 feet of any railroad property and affecting any railroad c. Employment-related practices, policies, acts or bridge or trestle, tracks, road-beds, tunnel, omissions, such as coercion, demotion, evaluation, underpass or crossing reassignment, discipline, defamation, harassment, However, Paragraph f does not include that part of humiliation or discrimination directed at a person any contract or agreement: 9. "Executive officer" means a person holding any of the (1) That indemnities an architect, engineer or officer positions created by your charter, constitution, surveyor for injury or damage arising out of; by-laws or any other similar governing document. 10."1fostie fire"means one which becomes uncontrollable (a) Preparing, approving, or fading to prepare or or breaks out from where it was intended to be, approve, maps, shop drawings, opinions, reports, surveys, field ordersens,, change orders 11."Impaired property" means tangible property, other or drawings and specifications,or than"your product"or"your work",that cannot be used (b) Giving directions or instructions, or telling to or is less useful because give them, if that is the primary cause of the a. It incorporates "your product" or"your work"that is injury or damage,or 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 profesaonal 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 duttes related to \ 12."Insured conkaci"means, the conduct of your business. "Leased worker" does a, A contract for a lease of premises However, that not include a "temporary worker" l portion of the contract for a lease of premises that 14."Loading or unloading"means the handling of property; j 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"; 'ge 16 of 18 HG 00 01 06 05 i 1 \ I I i I b. While 11 is in or on an aircraft,watercraft or"auto"; 16."Occurrence" means an accident, Including continuous or or repeated exposure to substantially the same general j c. While it is being moved from an aircraft, watercraft harmful conditions or"auto"to the place where it is finaky delivered, 17."Personal and advertising injury" means injury, but "loading or unloading" does not Include the including consoquenlal "bodily injury", arising out of j movement of properly by means of a mechanical one or more of the following offenses: j device, other than a hand truck, that is not attached to a. False arresi,detention or imprisonment, the aircraft,watercraft or"auto" b. Malicious prosecution, j 16."Mobtle equipmoni" 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, equipmorri dwelling or premises that a person occupies, a. Bulldozers, farm machinery, forklf is 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 organlzaflon or premises you own or rent; disparages a person's or organizations goods, c. Vehicles that travel an crawler trends; products or services; d. Vehicles, whether self-propelled or not, maintained 9. Oral, written or electronic publication of material ; primarily to provide mobility to psrmanenily that violates a persons nghl of privacy; mounted, f. Copying, in your "advortsement", 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 ,G.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, iratant or contaminant, including smoke, vapor, soot, (i) Air compressors, pumps and generators, fumes, acids, alkalis, chemicals and waste, Waslo 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 "properly 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 yef been completed or types of permanently attached equipment are not abandoned However, "your work" will be "mobile equipment"but will be considered"autoa"; deemed completed at the earliest of the (1) Equipment, of at least 1,00D 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 cornpieted if your contract (c) Street cleaning; calls for work at more than one job site (2) Cherry pickers and similar devices mounted on (c) When that part of the work done at a job site automobile or truck chassis and used to raise or has been put its intended use by any lower workers,and person or organization other ed ther than another 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 I HG 00 01 08 05 Page 17 of 18 l i i i h. 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 property, unless the "employee" on leave or to nael seasonal or short- l injury or damage arises out of a condrtion 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, b. Donates his or her work; (2) The existence of fools, uninstailed equipment c. Acts at the direction of and within the scope of or abandoned or unused materials;or p (3) Products or operations for which the duties determined by you, and classification, listed ;n the Declarations or in a it Is not paid a foe, 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, General Aggregate Until 24."Your product". 20,"Property damage"means a. Means a. Physical Injury to tangible property, including all (1) Any goods or products, other than real resulting loss of use of that property All such loss property, manufactured, sold, handled, of use shall be deemed to occur at the time of the distributed or disposed of by, physical injury that caused it,or (a) You, Is. Loss of use of tangible property that is not (b) Others trading under your name;or physically injured. All such loss of use shall be (c) A person or organization whose business deemed to occur at the time of the occurrence 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 properly Bectrome data means with such goods or products, Information,facts or programs Is. Includes a, Stored as or on, (1) Warranties or representations made at any 9 b. Created or used on;or time with respect to the fitness, quality, e. 'transmitted to or from; durability, performance or use of "your product",and oompuier software, including systems and (2) The providing of or failure to provide warnings applications software, hard or floppy disks, CD- or instructions ROMS, tapes, drives, tolls, data processing devices c, Does not include vending machines or other or any other media which are used with electronically property rented to or located for the use of others controlled equipment but not sold, 21."Suit" means a civil proceeding in which damages 25 "Your work", because or "bodily Injury", "properly damage" or "personal and advertising injury" to which this a. Means. insurance applies are alleged "Suit"includes, (t) Work or operations performed by you or an a. An arbitration proceeding in which such damages your behalf,and i are claimed and to which the insured must submit (2) Materials, parts or equipment furnished In or does submit with our consent,or connection with such work or operations b. Any other alternative dispute resolution b. Includes proceeding in which such damages are claimed (1) Warranties or representations made at any and to which the insured submits with our time with reaped to the fitness, qualty, consent durability, performance or use of "your work", and (2) The providing of or tallwo to provide warnings or instructions i I Page 18 of 18 HG 00 01 06 05 I i i REQUEST FOR MAYOR'S SIGNATURE o Please Fill inAll Applicable Boxes �C�NT This form must be printed on cherry paper WA9 HINOTON Routing Information (All, REQUESTS MUST FIRST RE ROUTED THROUGH THE LAW DEPARTMENT) Originator Nick Horn Phone (Originator) 5529 Date Sent, 11/16/11 Date Required 11/23/11 Return Signed Document to* Nancy Yoshitake CONTRACT TERMINATION DATE: 12131/12 VENDOR NAME: Northwest Hydraulic Consultants, Inc DATE OF COUNCIL APPROVAL: 11i16/11 Brief Explanation of Document The attached agreement is for Northwest Hydraulic Consultants to provide technical support in the response to questions by FEMA and its contractors regarding submittals related to the CLOMR application for the Hawley Road Levee project For a summary,see the attached from Mark Howlett All Contracts Must Be Routed Through the Law Department i i (this Area to be Completed By the Law Department) Received; Approval of Law Dept., QV 16 7011 44k Law Dept. Comments. Date Forwarded to Mayor. Shaded Areas to Be Completed by Administration Staff I Received: Recommendations & Comments: y_ IM , c C Disposition: Date Returned: I Iage5870_templatebase• 2/07 I i