HomeMy WebLinkAboutPW11-069 - Original - Northwest Hydraulic Consultants, Inc. - Briscoe-Desimone Levee - 12/21/2012 Records
KEN"i' Document
WASHIF 4iOX
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Northwest Hydraulic Consultants, Inc.
Vendor Number:
JD Edwards Number
Contract Number: pW I I - C)i0C(
This is assigned by City Clerk's Office
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Project Name: Briscoe-Desimone Levee
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other;
Contract Effective Date: Date of the Mayor's signatureTermination Date: 12/31/11
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Ken Langholz Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Hydraulic analysis for potential Green River Levee_certification
sWl_
S.Publlc\RecordsManagement\Forms\contractcover\adec7832 1 11/08
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KENT
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 Calkins
(hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall provide hydraulic analysis for potential Green River Levee
Certification of Briscoe-Desimone Levee. For a description, see the Consultant's
Scope of Work which is attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
December 31, 2011,
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Sixty Nine Thousand, Eight Hundred Twenty Seven Dollars ($69,827.00) for
the services described in this Agreement. This is the maximum amount to be paid
under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a
negotiated and executed amendment to this agreement. The Consultant agrees
that the hourly or flat rate charged by it for its services contracted for herein shall
remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
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B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
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Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, rile 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 CGty'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)
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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 j
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington, If the parties are unable
to settle any dispute, difference or claim arising from the parties` performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice, All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
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CONSULTANT SERVICES AGREEMENT - 8
(Over$10,000)
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E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
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:
ay: 11�CA A� By:
(signature) (signature)
Print Name: TO;Z�10 I a e: Suzette Cooke
Its is Mayor
(ttti
DATE:— _i I`��2c�1 DATE: _
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
-Vaug4n Gelkrgs "T&AI 08+.Aw+eiki 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
(206) 241-6000 (telephone) (253) 856-5500 (telephone)
(206) 439-2420 (facsimile) (253) 856-6500 (facsimile)
CONSULTANT SERVICES AGREEMENT- 5
(Over$10,000)
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APPROVED AS TO FORM:
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Ken Law Depart
NNC-9dscoe0esimone/tangM1oli
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CONSULTANT SERVICES AGREEMENT- 6
(Over$10,000)
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DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
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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.
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By signing below, II agree to fulfill the five requirements referenced above.
Dated this day of L __, 20 �.
B � 4
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For: �1C7�Tt�,rlrcST14P �L,tt 6r15JUCa.sC$I ti�G.
Title: 'PV-061944-
Date: 1 � + 12611
EEO COMPLIANCE DOCUMENTS - I
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 2
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CITY OF (CENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of Northwest Hydraulic Consultants, Inc.
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as Briscoe-Desimone Levee that was entered into on the
January 20, 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.
�--To kA
By:
For: tJ �U v�4 j { Jt C-6jtSQl IA-,9 TI
Title: C4G��
Date: � 2-11`(
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EEO COMPLIANCE DOCUMENTS - 1
EXHIBIT A
SCOPE OF WORK
Hydraulic Analysis For Potential Green River Levee Certification Of
Briscoe-Desimone Levee Segment
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DESCRIPTION OF WORK / PROJECT OBJECTIVES
The objective of this contract is for Northwest Hydraulic Consultants, Inc (NHC)to evaluate the
channel and overbank hydraulic conditions resulting from the east (right bank) levees from River
Mile (RM) 13 5 to 17 0 providing 100-year flood protection This comprises three levee
segments 1) Briscoe (RM 17 0 to 15 5) 2) Desimone (RM 15 5 to 14 25) and 3)
Desimone/Caterpillar(RM 14 25 to 13 5) The Briscoe levee is within the city of Kent and the
two Desimone segments are within the city of Tukwila
NHC will use an existing FLO-2D model to evaluate the channel and overbank hydraulic
conditions, NHC developed this model previously for King County's appeal of the FEMA
floodplarn mapping of the Green River NHC will also determine the necessary hydraulic
parameters required for the geotechnical analysis to be conducted by others NHC's work is part
of the City's Federal Emergency Management Agency(FEMA)Conditional Letter of Map Revision
(CLOMR) submittal
TASKS, ITEMS, AND WORK PRODUCTS
NHC shall furnish all services and labor necessary to complete the following tasks.
Task 1 — Bathymetric Survey
NHC will perform a bathymetric survey of the Green River in the project reach in order to define
bathymetry along outer bends and downstream of where the existing City of Kent's existing
bathymetric survey ends (upstream of 1801" St) The data will be used in the evaluation of bend
and long term scour risk in the project reach (see Task 4) This survey will reoccupy
approximately ten of the FEMA FIS cross-sections in order to estimate rates of aggradation or
degradation . Additional data points will also be, surveyed along the levees in the outer bank of
meander bends for use in scour calculations
Task 2—Floodplain Modeling and Mapping
NHC will model the proposed Desimone and Briscoe levees providing 100-year flood protection.
(in the FEMA study, these levees were required to be modeled as failed and not provide flood
protection) NHC will model this scenario by modifying the FLO-2D model previously developed
by NHC for King County's appeal of the FEMA Green River floodplain mapping
This levee segment is unique in the Lower Green River in that there is an overbank floodway
delineated that conveys flow to Springbrook Creek Based on prior hydraulic modeling, it is
unlikely redetineation of the floodway within the leveed river corridor will be possible if standard
FEMA floodway guidelines are used NHC will conduct a phased approach to the floodway issue
a) NHC will pursue discussions with FEMA staff about the possibility of re-mapping the
floodway within the leveed river corridor without conducting a standard hydraulic analysis
NHC will conduct preliminary hydraulic modeling to support this effort
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b) If FEMA does not allow approach A, NHC will conduct a standard floodway hydraulic
analysis using Flo-2D. A new floodway will be delineated meeting all FEMA standards
assuming the levee, segment is certified The redelmeation will likely remove areas
currently in floodway near the proposed certified levee segment, but may add substantial
new developed areas to floodway up and downstream.
The 100-year floodplain boundary will then be remapped for the portions of the Green River that
change due to the levees providing certified 100-year flood protection The mapping will be to
the same standard used for King County's appeal of the FEMA mapping.
Task 3—Interior Drainage Analysis
It is assumed that no interior drainage analysis is required for this levee segment based on
initial discussions with the City of Kent.
Task 4— Hydraulic Analysis in Support of Geotechnical Work
NHC will conduct hydraulic analysis to generate the geotechnical data needed by GeoEngmeers.
This will include determination of mean annual water levels, drawdown rates; in-channel
velocities; local, bend and reach scour, and suitability of vegetation as levee cover material,
Task 5— Reporting
NHC will prepare a memorandum documenting methods and results of the analysis in a format
suitable for inclusion in a CLOMR application NHC will produce a revised floodplain workmap
showing the modified floodplains from Task 2 NHC will complete portions of the MT-2 form
relevant to its work The form will be signed by others.
Deliverables:
NHC will provide the following deliverables to the City Deliverables will be provided in a format
suitable for inclusion in the City's CLOMR submittal to FEMA
• A report describing methods and results of all hydraulic analysis performed
• Digital versions of effective and revised FLO-21) models and the digital model output data
used in the analysis
• Revised floodplain mapping(in digital format) showing inundation areas, flood zones and
floodway
• Digital files of bathymetric survey data
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Task 6— Coordination(Project Management/ Post Submittal Review Support
NHC (Vaughn Collins) and Larry Karpack will attend up to 6 meetings with the City of Kent, FEMA,
GeoEngineers or others for project coordination and review prior to CLOMR submittal NHC and
Mr Karpack will provide post submittal support as needed in addressing reviewers questions
and comments This is anticipated to include revising both reports and mapping products
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BILLING
The project site is divided into three portions for budgeting and organizational purposes These
portions are: 1) Briscoe (RM 19 0 to 15 5) 2) Desimone (RM 15 5 to 14.25) and 3)
Desimone/Caterpillar(RM 14 25 to 13.5). The Briscoe and Desimone segments will be
analyzed together but billed separately; the Tukwila/Caterpillar portion may or may not be
included in the final analysis depending on further consultation with the City, work on this
segment will be billed with the Desimone segment
STAFF, SUBCONSULTANTS 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 subcontract
with Mr Larry Karpack of Watershed Science & Engineering (WSE) to provide engineering support
and review of products. Mr. Karpack will attend key meetings with the City as needed NHC will
coordinate with GeoEngmeers in scheduling and delivery of products needed for geotechnical
analysis
SCHEDULE
NHC anticipates Notice to Proceed (NTP) on or about January 24, 2011. The City of Kent has
requested that draft reports be submitted by April 15, 2011
NHC will schedule bathymetric survey upon receiving notice to proceed and anticipates this will
be accomplished within two weeks. Task 4 deliverables-a scour analysis and other data
needed for geotechnical analysis -will be completed approximately five weeks after NTP and
draft results delivered to GeoEngineers NHC will coordinate with GeoEngineers and the City of
Kent throughout the project on scheduling of deliverables
Floodplain mapping tasks will be initiated concurrently with bathymetric survey. The greatest
uncertainty in schedule relates to floodway discussions with FEMA These discussions will be
initiated upon NTP but the time required to reach a decision and outcome are uncertain
Submittal of draft flood inundation maps without floodway revisions will occur by April 15 If
guidance from FEMA and the cities of Kent and Tukwila can be obtained reasonably quickly a full
floodway analysis and mapping can also be completed by the April 15 draft report deadline
Depending on the status of discussions with FEMA, NHC will coordinate with the City of Kent
regarding appropriate delivery dates for draft and final floodplain mapping products.
Final reports will be submitted within two weeks of receipt of final comments from the City.
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Northwest Hydraulic Consultants Estimate of Professional Services
16300 Christensen Road, Suite 350 tees
Prepare
d City of Kent
Seattle, WA 98188-3418 Project Briscoel-Desimone Levee Certification
TeL-( oqlw�417600-0 --
-Date: December29, 2010
Fax 206> 439-2420 --Prolert#1
Prepared By: VaiLighn Collins:t--
TASK DE SCRIPTION
Sr Jr Total,
Principal Engineer Engineer En sneer Tech Clerical
--Bathometric Survey
Field Work 12 16 $31685
Data Processing 8 $834
2 0-Floodplarn Modeling and Mapping
Flo2l)Levee Modeling. 4 7 16 $3,154
Flo2D Floodway Modeling 8 16 18 S4T985
OAIQC 4 a
_62.262
Total $10,402
Total $6,
3 -Interior Drainage Analysis
;FO---Fyd'raulrc Analysis insopport of Gricitechnical Work 2 1$ 16 $4,816
Total= $4,816
6-0--Repo
rting ...
Reporting 4 16 is 8 $6,894
Mapping 4 24 s18,222
iTotal= $24,117
6 0-f000rdqra#on/Protect Management
Project Maria 8 $1,666
Meelvjgsi _, S-2 $5,381
Post Submittal Review Support 24 24 $6,537
Total $13,572
F—
Total Hours 14 to 1520 626 1920 1 00 1 120 1
1 lilrect Lab—or Rate 6753 4952 3632 30 69 2212 2280
Overhead 208 7%) 14094 10335 7579 6405 4615 1 4758
Profit 110%.of DL-OF) 2086 1529 1121 047 683 , 704
Rates 1 $12332 $10421 $75 10 7742
1 — 1 $67,427
POTALLABOR COST(NHC)
Direct Expense Detail
Subconsullants 60 190 00 $ 11,40
o' 5
Reproduction.couriers &communication 1 111 106
Bath ymetric 8urveyE iii—, goo
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$ 12,400
Cost Summary
Total Labor 1 It 57,a27 III
ITOTAL COST 1$ 69,827
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2, Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
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Consultant shall maintain the fallowing insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2, Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
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EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
I
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
Insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
I
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.
T ® DATE{MMIDDIYI'YY)
p}�r. F� CERTIFI AT�_4F LIABILITY IN-511RAitLC-E�oeto AT,
ea 16/16 - --
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 CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the poi Dy{les must be endorsed, IF SUBROGATION 1S WANED,subjBRt to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer tights to the
certificate holder in lieu of such Dndorsement{s).
PRODUCER NAME Griffith Insurance Group, Inc, PHONE Ar No EXi. - (Afc,NO
3841 Aurora Ave N Suite 100 ADDRESS _
Seattle WA 98103 ousror�nEaiDa 14OR4000
Phone:206-632-1433 Fax:206-632-0878 INSURER(S)AFFORDING COVERAGE NAIG0
tNSVREG T INSURER one x_azt[ora ezocalty xno C.
Northwest Hydraulic INSURERS
Consultants Ina. — -- -- j
16300 Christensen Rd #350 INSURER C.
Tukwila WA 98188 INsuaERo
INSURER E
INSURER P
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LfS rEO DELOW IVN£bEEN ISSUEDTD THE INSURED NAMItD ABOVE FORTHE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONUITIONOFANY CONTRACT ON CIRCA DOCUMENTWITI RESPECTTO WHICH]HIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURA IOCAFFORUED BY THE POLICIES DESCRIBED HERTEN IS SUDJECTTO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTTRR TYPE OF INSURANCE INBR yryD pbL10YHUMSER j(MODDn'1'YYI (MWDDNYYY) LIMITS
GENERAL tIARWRY EACH OCCURRENCE $1 000,000
OARRGEIURENTEtt"
A X COMMERCIAL GENERAL LNDILITY 52UUhR753744 06130/10 06/30(11 _PREMISES(EaoceunapcoqI
a3- 00E-Q00
CLAIMS-MADE nxOCCUR MED EXP(Any aneP m n) 311�00D
X WA Stop Gap PERSONAL d ADV INJURY S-L 000 000
GEN£RALAOGREGATE $2,000.,000
GWL AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPJOP AGO s_.2.,000,00O
X POLICY JECT LED $
AUTDMOBILELIABILM COMBINED SINGLE LIMIT §1 DOD 0D0
(Ea ecclOeM) r f
A X ANY AUTO 52UUNUS3744 06/20/10 06/3D/11 BODILY INJURY(Per porsonJ $
ALL OWNED AUTOS ROOILY INJURY(PeracddI $
SCHEDULEDAUTOS PROPERTY DAMAGE
HIREDAUTOS (PeracdtlenQ $
NON-OWNEDAUTOS
$
A X UMBRELLA LIAe X OCCUR 52X80US3412 0613011.0 06/30/11 EACH OCCURRENCE $5 000,000
EXCESS LIAR CLAIMS-MADE AGGREGATE $5 000T 000
DEDUCTIBLE
X RETENTION $ 10,000
WORKERSCOMPENSATIDNWG
ANb EMPLOYERS'LIABILITY YIN TOftV LIMITS ER
ANY PROPRIFTOWPAR'mEWEXECUTNE--r /A EL EACH ACCIDENT S-
OFFICE WMEMOER EXCLUDER? ��fj
(Mandatory In NIH EL DISEASE-EA EMPLOYE_ $ _
R yyB S,dOSCIbB Ilndar
' OESGRIPTION OF OPERATIONS balsa EL OISFgSE_POLICY LIMIT 5
III DESCftiPTION DF OPERATIONS(LbCATiONSlVEHICLEB IAIiach ACORb10i,Addl(iona)Remar)s Schedule,Dmoraapce lsrequiod)
The certif Bate holder is listed as primary non contri-butory 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
SHOULD ANYOF Tile ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CITYKNT THE EXPIRATION DATE THEREOF,NOTICE WALL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
City of Kent
Attn: Nancy Yoshitake, AUTHORIZED REPRESENTATIVE
220 4th Ave S
Kent WA 9B032
O= TOSS-2009 AC CORPORATION All rights reserved
ACORD 2512009109) The ACORD name and logo are registered marks of ACORD
i
i
® pw p q (yam ® ry`�J g q ry
1 I1T AT — SIR SA_L�J_1-__INS_�RANS+.E _.__ GP ID AL pATE tMhVDDtYYYYI
THIS CERTIFICATE IS ISSUED AS AMATTER 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 ACONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy ties)must be endorse If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements)
PRODUCER
NAME i
Griffith Insurance Groupt Inc, ac,No,Exg tAJC NoI __.
3B41 Aurora Ave N Suite 100 AooRES%
Seattle WA 9B103 CUSTOMER Diof x NOR4000 _
Phone.206-632-1433 Fax:2D6-632-OB78 INSURE HH AFFORDING COVERAGE NAIC0
INSURED INSURERA Evanston Insurance Company
Northwest Hydraulia INSURER IS
Consultants Inc. - _ -
16300 Chria6nsen Rd #350 INSURER
Tukwila WA 98188 INSURER D.
INSURERE
INSURER F ��-
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE I.ISTFO OF[OW HAVE REEK'ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED UYTHE POLICIES DESCRIBEDHERHN IS SUBJECT TO ALL THETERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES I RAIDS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
I Are
a AU "' — 1FQ,1`ER LIMITS --
LT TYPE OPINSURANGE INSR Wilt POLICY NUMBER fMMJDDtYYYY) yvivarry)Z
GENERAL LIASWTY EACH OCCURRENCE S
DAMAGE
DOMMFRCIgL GENERAL LLAekiTY -PREMISES Ea otcU'telua 5
CLAIMS-MADE ❑OCCUR MEDE%P(Anronepmsm) If
PERSONAL eA_DV INJURY $
GENERAL AGGREGATE 3 _
GEN'LAGOREGATE LIMIT APPLIES PER PRODUCTS-COMWOP AGG $ T
POLICY JECT LOU _ _ S
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ;
(Ea esGtlent)
ANYAUTO BODILY INJURY(P.,person) S
ALLOWNEDAUTOS
BODILY INABP dt wecddmi} S
SCHEOULEDAUTOS PROPERTY PAMNGE
_ HIRED AUTOS (Pa,ecwdeoj 6
NON-OWNEDAUTOS S
If
UMBRELLA LIAR OCCUR EACH OCCURRENCE If
EXCESS LIAR CLAIMS-MADE AGGREGATE S
DEDUCTIBLE _ $
RETENTION 5 IN
AND EMPS YERS'LSA11-B DORY UMNS ER
AND PROPRIETOR PAR ILITY
ANY CEPRXETOWPARI NFPoE%ECUTIVE�� IA EL EACH ACCIDENT Y
OPFICEWMEMBER E%CLtIIED? I_)
(Mandatory In HH) EL DIS[ASE-CA EMPLOYEE S i
Mtlosaitra under -----
RiPTIONOF OPERATIONS h.). EL DISEASE-POLICY LIMIT 1i
A Professional AE8189B6 03/12/10 03/12/11 Ea Clain $2,000,000
Liability _ _ Arc cqr ate $2t000,000
DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES(Attach ACORD tei,AddiBonat Ramarks Schedule,II more space is regolrad)
' Those usual to the Insured's Operations.
CERTIFICATE HOLDER CANCELLATION ICI,
CI TYKNT SHOULUANY OF THEABOVE DESCRIBED POLICIES BECANGELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL He DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
City of Kent
Attu' Nancy Yoshztake AUTHORIYEO REPRESENTATIVE
220 4th Ave 3
Kent WA 98032
i
01988-2009 AC CORPORATION All rights reserved
ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage Read (2) The "bodily injury' or"property damage'occurs j
the entire policy carefully to determine rights, duties and during the policy period,and
what is and is not covered (3) Prior to the policy period, no insured listed j
Throughout this policy the words"you"and "your" refer to under Paragraph 1, of Section If —Who Is An
the Named Insured shown In the Declarations, and any Insured and no"employee"authorized by you to
other person or organization qualifying as a Named give or receive notice of an "occurrence" or
Insured under this policy The words"we", "us"and "our" claim, knew that the "bodily injury' or "property
refer to the stock insurance company member of The damage" had occurred, in whole or in 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 If—Who Is An Insured injury' or"property damage"occurred,then any
contiOther words and phrases that appear in quotation marks 'bodily
" or change"property
resumptiona damage'
of such
or
have special meaning Refer to SectionV—Defmmtiorns after lltheRplicy period pwill be deemed to have
SECTION I—COVERAGES been known prior to the policy period
COVERAGE A BODILY INJURY AND PROPERTY o. "Bodily injury"or"property damage' will be deemed
DAMAGE LIABILITY to have been known to have occurred at the
1. Insuring Agreement earliest lime when any insured listed under
a We will pay those sums that the insured becomes Paragraph 1. of Section 11 —Who Is An Insured or
j any .'employee" authorized by you to gore or
legally obligated to pay as damages because of
"bodily injury' or "property damage" to which this receive notice of an"occurrence"or claim
Insurance applies We will have the right and duty (1) Reports all, or any part, of the 'bodily injury" or
to defend the insured against any "suit" seeking "properly 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 j
damages for"bodily injury"or"property damage"to "property damage",or
which this insurance does not apply We may, at (3) Beanies aware by any other means that
our discretion, investoaie any occurrence' and "bodily injury" or "properly damage" has
settle any claim or"suit"that may result But: occurred or has begun to occur
(1) The amount we will pay for damages is limited d. Damages because of "bodily injury' include
as described in Section III — Lands 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 a. Incidental Medical Malpractice
the payment of judgments or settlements under
Coverages A or B or medical expenses under (1) "Bodily injury" arising out of the rendering of or
Coverage C. failure to render professional health care
No other obligation or liability to pay sums or services as a physician, dentist, nurse,
perform acts or services is covered unless explichly emergency medical icchnlclan or paramedic
shall be deemed to be caused by an
provided for under Supplementary Payments — "occianenco",bur only if
Coverages A and B.
b. This insurance applies to "bodily injury" and (a) The physician, dentist, nurse, emergency
"properly damage"only If medical technician or paramedic is
employed by you to provide such services,
(1) The "bodily injury" or "properly damage" is and
caused by err "occurrence' that takes place in (b) You are not engaged in the business or
the "coverage territory", occupation of providing such sennce,%
HG 00 01 06 OS page 1 of 1 B
02005 The Hartford
(Includes copyrighted malarial 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
insurance for Incidental medical rnalpractca, Any obligation of the insured under a workers'
any act or omissionioget(rerwdhallrelatedants compensation, disability benefits or unemployment
or omissions in the furnishing of those services compensation law or any similar law
to any one person will be considered one
"accurrance" e. Employer's Liability
2. Exclusions "Bodtly injury"to' j
This insurance does not apply to: (1) An"employee" of the insured arising out of and
a. Expected Or Intended Injury n the course of
"Bodily injury" or "property damage" expected or (a) Employment bylhe insured,or
Intended from the standpoint of the insured This (b) Performing duties related to the conduct of
exclusion does not apply to "bodily injury" or the insured's business;or
"property damage" resulting from the use of (2) The spouse, child, parent, brother or sister of
reasonable force to protect persons or properly that "employee" as a consequence of
b. Contractual Liability Paragraph(1) above.
'Bodily injury" or "property damage' for which the This exclusion applles:
insured is obligated to pay damages by reason of (1) Whether the insured may be liable as an
the assumption of liability in a contract or employer or in any other capacity;and
agreement This exclusion does not apply to liability (2) To any obligation to share damages with or
for damages repay someone else who must pay damages
(1) That the Insured would have in the absence of because of the injury
the contract or agreement,or This exclusion does not apply to liability assumed
(2) Assumed in a contract or agreement that Is an by the insured under an"insured contract",
"insured contract",provided the"bodily injury"or f, pollution
"property damage" occurs subsequent to the O 1 "Bodily injury" orproparising'property damage" out
execution of the contract or agreement Solely
for the purposes of liability assumed in an of the actual, alleged or threatened discharge,
"insured contract",reasonable attorney fees and dispersal, seepage, migration, release or
necessary litigation expenses incurred by or for escape of"pollutants"
a party other than an insured are deemed to be (a) At or from any premises, site or location
damages because of "bodily injury"or"property which is or was at any time owned or
damage", provided occupied by, or rented or loaned to, any
(a) Liability to such 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 contact",and (i) "Bodily injury" if sustained within a
(b) Such attorney fees and filigaiion expenses building and caused by smoke, fumes,
are for defense of than party against a civil or vapor or soot produced by or originating
altemaiive dispute resolution proceeding in from equipment that is used to heal, cool
which damages to which this insurance or dehumidify the building, at equipment
applies are alleged, that is used to heal water for personal
Liquor Liability use, by the buildings occupants or their
a. LI
q ty guests;
"Bodily injury" or "property damage` for which any (it) "Bodily injury" or "property damage" for
insured may be held liable by reason of which you may be held liable,if you are a
(1) Causing or contributing to the intoxication of any contractor and the owner or lessee of
person, such premises, site or location has been
(2) The furnishing of alcoholic beverages to a added fo your policy as an additional
person under rho legal drinking age or under the insured with respect to your ongoing
influence of alcohol,or operations performed for that additional
(3) Any statute, ordinance or regulation relating to insured at that premises, site location ft, distribution or use of alcoholic and such premises, site or occupied
is not
the sale,
9i and never was owned or occupied by, or I �
beverages, rented or loaned to, any Insured, other
This exclusion applies only if you are in the than the'additional insured,or
business of manufacturing, distributing, selling,
serving or furnishing alcoholic beverages
i
page 2 of 18 HG 00 01 06 05 j
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i
(ni) "Bodily injury" or "property damage" (a) At or from any premises, site or location on
arising out of heal, smoke or fumes from which any insured or any contractors or
a"hostile fire", subcontractors working directly or indirectly
(b) At or from any premises, site or location on any insured's behalf are performing
which Is or was at any time used by or for operations if the operations are to test for,
any insured or others for the handling, mentor, clean up, remove, contain, treat,
storage,disposal, processing or treatment of deiariiy or neutralize, or In any Way respond
waste, to,or assess the effects of, "pollutants"
(c) Which are or were at any time transported, (2) Any loss,cost or expense arising out of any:
handled, stored, treated, disposed of, or (a) Request, demand, order or statutory or
processed as waste by or for: regulatory requirement that any insured or
(i) Any insured;or others test for, monitor, clean up, remove,
(it) Any person or organization for whom you contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects of,
may be legally responsible, "pollutants",or
(d) At or from any premises, site or looatlon on (b) Claim or suit by or on behalf of a
which any insured or any contractors or governmental authority for damages
subcontractors working directly or Indirectly because of testing for, monitoring, cleaning
on any insured's behalf are performing up, removing, containing, treating,
operations if the "pollutants" are brought on detoxifying or neutralizing, or In any way
or to the premises, site or location in responding Is, 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
(i) "Bodily injury" or "property damage" damage" that the insured would have in the
arising out of the escape of fuels, absence of such request, demand, order or
lubricants risin or other operating of which statutory or regulatory requirement, or such
claim or"suit"by or on behalf of a governmental
are needed to perform the normal authority
electrical, hydraulic or mechanical
functions necessary for the operation of 9. Aircraft,Auto or Watercraft
"mobdo equipment" or its parts, if such "Bodily injury" or "properly damage" arising out of
fuels, lubricants or other operating fluids the ownership, maintenance, use or entrustment to
j escape from a vehicle part designed to others of any aircraft, "auto" or watercraft owned or
hold, store or receive them This operated by or rented or loaned to any insured Use
exception does not apply if the "bodily includes operation and"loading or unloading".
injury"or"property damage"arises out of This exclusion applies even if the claims against
the intentional discharge, dispersal or any insured allege negligence or other wrongdoing
release of the fuels, lubricants or other in the supervision, hrnng, employment, training or
operating fluids, or if such fuels, monitoring of others by that insured, if the
lubricants or other operaiing fluids are "occurrence" which caused the "bodily injury" or
brought on or to the premises, silo or "property damage" involved the ownership,
location with the intent that they be maintenance, use or entrustment to others of any
discharged,dispersed or released as part alrcrafl, "auto" or watercraft that is owned or
of the operations being performed by operated by or rented or loaned to arty insured
such insured, contractor or subcontractor, This exclusion does not apply to
(it) "Bodily injury" or "property damage" (1) A watercraft while ashore on premises you own
sustained within a building and caused or rent,
by the release of gases,fumes or vapors (2) A watercraft you do not own that is*
from materials brought into that building (a) Less than 61 foot long,and
in connection with operatiatis being
performed by you or on your behalf by a (b) Not being used to carry persons for a
contractor or subcontractor,or charge,
(;it) "Bodily injury' or "properly damage" (3) Parking an "auto" on, or on the ways next to,
ans ng our of heat, smoke or fumes from premises you own or rent, provided the "amid'is
a"hostile fire";or not owned by or rented or loaned to you or the
insured,
i
HQ 00 01 06 05 page 3 of 18
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(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" (olher than damage by
is hired, chartered or loaned with a paid crew fire) 10 premises, including the contents of such
However, this exception does not apply if the premises, rented to you for a period of 7 or fewer
insured has any other insurance for such"bodily consecutive days A separate limit of insurance
injury" or "property damage", whether the other applies to Damage To Premises Rented To You as
insurance is primary, excess, contingent or on described in Section III— Limits Of Insurance. j
any other basis Paragraph(2)of this exclusion does not apply if the
h, Mobile Equipmentpremises are"your work"and were never occupied,
"Bodily injury"or"property damage"arising out of, rented or held for rental by you.
(1) The transportation of "mobile equipment" by an Paragraphs (3) and (4) of this exclusion do not
"aura"owned or operated by or rented or loaned apply to "property damage" arising from the use of
to any insured, or elevators
(2) The use of "mobile equipment" in, or white in Paragraphs (3), (4), (5) and (6) of this exclusion do
practice for, or while being prepared for, any not apply to liability assumed under a sidetrack
Prearranged racing, speed, demolition, or agreement
slunUng activity, Paragraphs (3) and (4) of this exclusion do not
I. War apply to "property damage'to borrowed equipment
"Roddy injury or "property damage", however while not being used to perform operations a1 the
caused, arising,directly or indirectly,out of, job site
(1) War,including undeclared or civil war, Paragraph (e) of this exclusion does not apply to
properly damage included In the products-
(2) Warlike action by a military force, including completed operations hazard"
action In hindering or defending against an k. Damage To Your Product
actual or expected attack, by any government,
sovereign or other authority using military 'Property damage"to "your product"arising out of it
personnel or other agerds,or or any pad of it
(3) Insurrection, rebellion, revolution, usurped 1. Damage To Your Work
power, or action taken by governmental 'Property damage"io''your work'arising out of it or
authority in hindering or defending against any any part of it and Included in the "products-
of these completed operations hazard",
j. Damage To Property This exclusion does not apply if the damaged work
"Property damage"to* or the work out of which the damage arises was
( ) Propen 1 y y occupy,including any performed on your behalf by a subcontractor,
you own,rent,or
costs or expenses incurred by you, or any other in Damage To Impaired property Or Property Not
person, organization or entity, for repair, Physically Injured
replacement, enhancement, restoration or "Property damage" to "impaired property" or
maintenance of such property far any reason, property that has not been physically injured,
including prevention of injury to a person or arising out of
damage to anoiher's property, (1) A defect, deficiency, inadequacy or dangerous
(2) Premises you sell, give away or abandon, if the condition in"your product"or"your work",or
"property damage" arises out of any part of {2} A delay or failure by you or anyone acting on
those premises, your behalf to century) a contract or agreement
(3) Property loaned to you, in accordance with its terms
(4) Personal properly in the care,custody or control This exclusion does not apply to the loss of use of
of the insured, other property arising out of sudden and accidental
(5) That particular part of real property on which physical injury io "your product" or'your work"after
you or any coniraciors or subcontractors it has been put to its intended use
Page 4 0118 HG 00 01 06 05
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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 j
Damages claimed for any loss, cost or expense "asbestos hazard",
incurred by you or others for the loss of use, (b) Arise out of any request, demand, order or
withdrawal, recall, Inspection, repair, replacement, statutory or regulatory requirement that any
adjustment, removal or disposal of insured or others test for, monitor, clean up,
(1) "Your product", remove, encapsulate, contain, treat, detoxify
"Your work" or neutralize or in any way respond to or
(2) ,or assess the effects of an "asbestos hazard",
(a) "Impaired property"; or
if such product, work, or property Is withdrawn or (c) Anse out of any claim or suit for damages
recalled from the market or from use by any person because of testing for, monitoring, cleaning
or organization because of a known or suspected up, removing, encapsulating, containing,
defect, deficiency, Inadequacy or dangerous treating, detoxifying or neutralizing or in any
condition in it way responding to or assessing the effaots
o. Personal And Advertising Injury of an'asbestos hazard"
"Bodily injury" arising out of "personal and Damage To Premises Rented To You — Exception
advertising injury" For Damage By Fire,Lightning Or Explosion
p, Electronic Data Exclusions c.through h.and j. through m do not apply
arising out of the loss of, Loss of use of, to damage by fire, lightning or explosion to premises
Damages
damage t a corruption of, inability to access, or while rented to you or temporarily occupied by you with
permission of the owner A separate limit of insurance
inability to manipulate electronic data applies to this coverage as described in Section III --
As used in this exclusion, eleoironie data means Limits Of Insurance
information, facts or programs stored as or on, COVERAGE B PERSONAL AND ADVERTISING
created or used on, or transmitted to or from INJURY LIABILITY
computer software, including systems and
applications software, hard or floppy disks, CD- 1• Insuring Agreement
ROMS, tapes, drives, cells, data processing a. We will pay those sums that the insured becomes
devices or any other media which are used with 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 nght and duty
"Boddyinfury"io to defend the insured against any "suit" seeking
those damages However, we will have no duty to
(1) A person arising out of any "employment— defend the insured against any "surf" seeking
related practices",or damages for "personal and advertising injury" to
(2) The spouse, child, parent, brother or sister of which this insurance does not apply We may, at
that person as a consequence of "bodily injury" our discretion, investigate any offense and settle
to that person at whom any "employment- any claim or"suit"that may 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 duty to defend end when we have
(2) To any obligation to share damages with or used up the applicable limit of insurance in the
repay someone else who must pay damages payment of judgments or settlements under j
because of the in my Coverages A or B or medical expenses under
Coverage C
r. Asbestos No other obligation or liability to
1 "Bodily injury" or " ro'property damage, arising out g Y pay sums or
O Y p P Y g 9 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
p 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 terntory"during the policy period
HG 00 Of 06 05 Page 5 of 18 III
' II
2. Exclusions (2) Slogan, unless the slogan is also a trademark,
This insurance does not apply to; trade name, service mark or other designation
a. Knowing Violation Of Rights Of Another of oogln or authenticity,or
'Personal and advertising injury" arising out of an (3) Title of any literary or artistic work,
offense committed by, at the direction or with the j• Insureds In Media And Internet Type
consent or acquiescence of the insured with the Businesses
expectation of inflicting "personal and advertising "Personal and advertising injury" committed by an
injury" insured whose business is.
b. Material Published With Knowledge Of Falsity (1) Advertising, broadcasting, publishing or
"Personal and advertising injury"arising out of oral, telecasting,
written or electronic publication of material, it done (2) Designing or determining content of web sites
by or at the direction of the insured with knowledge for others,or
Mile falsity (3) An Internet search, access, content or service
c. Material Published Prior To Policy Period provider
"Personal and advertising injury"arising out of oral, However, this exclusion does not apply to
written or electronic publication of material whose Paragraphs 17 a., b. and c, of 'personal and
first publication took place before the beginning of advertising injury"under the Definitions Section �
the policy period, For the purposes of this exclusion, placing an
it 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 chalroom or bulletin beard 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 1. Unauthorized Use Of Another's Name Or
absence of the contract or agreement Product
f. Breach Of Contract 'Personal and advertising injury" arising out of the
"Personal and advertising injury" arising out of a unauthorized use of another's name or product In
breach of contract, except an implied contract to use your e-mail address, domain name or melatags, or
another's"advertising idea"in your"advertisement" any other similar tactics to mislead another's
U. Quality Or Performance Of Goods — Failure To potential customers
Conform To Statements m. Pollution
"Personal and advertising injury" arising out of the "Personal and advertising injury° arising out of the
failure of goods, products or services to conform actual, alleged or threatened discharge, dispersal,
with any statement of quality or performance made seepage, migration, release or escape of
in your"advertisement" "pollutants"at any time
h. Wrong Description Of Prices n. Pollution-Related
"Personal and advertising injury" arising out of the Any loss,cost or expense arising out of any;
wrong description of the price of goods, products or (1) Request, demand, order or statutory or
services regulatory requirement that any insured or
i. Infringement Of Intellectual Property Rights others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize or in any
"Person:el acid advertising injury" arising out of any way respond to, or assess the effects of,
violation of any intellectual property rights such as "pollutants',or
copynghl, patent, trademark, trade name, trade secret, service mark or other designation of origin (2) Claim or suit by or on behalf of a governmental
orauthenficdy authority for damages because of besting for,
However, this exclusion does not apply to monitoring, cleaning up, removing, containing,
tree
infringement, in your'advertisement',of
treating, deloxdying or neutralizing, or in any
way responding to, or assessing the efforts of,
(i) Copyright, "pollulanis"
Page 6 of 18 HG 00 of 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 indveofty,out of advertising Injury' to that person at whom any
(1) War,including undeclared or evil war; employment-related practices' are directed
(2) Warlike action by a military force, including This exclusion applies
{7) Whether t
action in hindering or defending against an he insured may be liable as an
actual or expected attack, by any government, employer or in any other capacity,and
sovereign or other authonty using military (2) To any obligation to share damages with or
personnel or other agents,or repay someone else who must pay damages
(3) Insurrection, rebellion, revolution, usurped power, because of the injury
or action taken by governmental authority in v. Asbestos
hindering or defending against any of those (1) "Personal and advedisng injury" arising out of
p. Internet Advertisements And Content Of Others the 'asbestos hazard",
'Personal and advedising injury"arising out of, (2) Any damages, judgments, settlements, loss,
(1) An'advertisement"for others on your web site, costs or expenses that,
(2) Placing a link to a web site of others on your (a) May be awarded or Incurred by reason of
web site, any claan or suit alleging actual or
3 Content, including infomtation, sounds, text, threatened injury or damage of any nature or
O g 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) Anse out of any request, demand, order or
to enable' statutory or regulatory requirement that any
insured or others test for, monitor, clean up,
(a) Your web silo;or remove, encapsulate, comer,treat, dotoxify
(b) The presentation or functionality of an or neutralize or in any way respond 10 or
"advertisement' or other content on your assess the effects of an "asbestos hazard',
web site, or
q. Right Of Privacy Created By Statute (c) Arise out of any claim or suit for damages
'Personal and advertising injury" arising out of the because of testing for, monitoring, cleaning
violation of a person's right of privacy created by up, removing, encapsulating, containing,
an stale or federal act. treating, detoxifying or neutralizing or in any
y way responding to or assessing the effects
However, this exclusion does not apply to liability of an"asbestos hazard"
for damages that the insured would have in the COVERAGE C MEDICAL PAYMENTS
absence of such state or federal act
r. Violation Of Anti-Trust law 1. insuring Agreement
"Personal and advertising injury' arising out of a a. We'bodily pay medical expenses as described below
for Onpremises
caused by an accident
violation of any anti-trust law
s (i) On premises you own or TOM,
. Securities
"Personal and advertising injury' arising out of the (2) On ways next to premises you own or real,or
fluctuation in price or value of any stocks, bonds or (3) Because of your operations,
other securities provided that
t. Discrimination Or Humiliation (1) The accident lakes place in the "coverage
"Personal and advertising iniurv" arising out of territory"and during the policy period
discrimination or humiliation committed by or at the (2) 1 he 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-Retated Practices (3) The injured person submits to examination, at j
j "Personal and advertising injury"to, our expense, by physro,ans 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
II
b. We will make these payments regardless of fault e. All costs taxed against the insured in the"suit".
These payments will not exceed the applicable limit f. Prejudgment interest awarded against the insured
of insurance We will pay reasonable expenses for on that part of the judgment we pay.If we make an
(1) First aid administered at the thus of an accident; offer to pay the applicable It trill 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 lime after the offer
(3) Necessary ambulance, hospital, professional g All interest on the full amount of any judgment that
nursing and funeral services accrues offer entry of The judgment and before we
have paid, offered to pay, or deposited in court the
2. Exclusions part of the judgment that is within the applicable
We will not pay expenses for"bodily injury", limit of Insurance.
a. Any Insured These payments will not reduce the limits of insurance
To any insured, except"volunteer workers', 2. If we defend an Insured against a "suit" and an
b Hired Person Indemnitee of ilia insured is also named as a party to
To a person hired to do work for or on behalf of any the "suit", we will defend that indemnities if all of the
following conditions are met'
Insured or a Tenant of any insured
a. Injury On Normally Occupied Premises a. The "snit" against the Indemnitee seeks damages
for which the Insured has assumed the liability of
To a person injured on that part of premises you the Indemnitee in a contract or agreement that is an
own or rent that the person 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 iqury" are payable C. The obligation to defend, or the cost of the defense
or must be provided under a workers'compensation of,that indemnuee, has also been assumed by the
or disability benefits law or a sunilar 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 oxiamndee,
f. Products-Completed Operations Hazard e. The mdommtee and the insured ask us to conduct
Included within the "products-completed operations and control the defense of that Indemnitee against
hazard" such"suit" and agree that we cart assign the same
counsel to defend the insured and the indemnitee;
g. Coverage A Exclusions and
Excluded under Coverage A. I. The Indemnities'
SUPPLEMENTARY PAYMENTS — COVERAGES (1) Agrees in writing to, '
A AND B (a) Cooperate with us in the Investigation,
1 We will pay,with respect to any claim we investigate or settlement or defense of the"suit',
settle,or any"suit"against an insured we defend. (b) Immediately send us copies of any
a. All expenses we incur demands, notices, summonses or legal
b. Up to $1,000 for cost of hail bonds required papers received in connection with the"suit",
because of accidents or traffic law violations arising (c) Notify any other insurer whose coverage is
out of the use of any vehicle to which the Bodily available to the mdemrntee,and
Injury Liability Coverage applies We do not have (d) Cooperate with us with respect to
to furnish these bonds, oeerd,nailng other applicable inaarancs j
c. the cost of appeal bonds or bonds to release available to the indemnitee,and
attachments, but only for bond amounts within the (2) Provides us with wotien authorization to:
applicable limit of insurance We do not have to
furnish these bonds (a) Obtain records and other information related
d. All reasonable expenses incurred by the insured at to the"suit", and
our request to assist us in the investigation or (b) Conduct and control the defense of the
defense of the claim or "sud", including actual loss indemnuee In such"suit" ,
of earnings up to $600 a day because of time off So long as the above conditions are met, attorneys' ,
from work fees incurred by us in the defense of that indemnuee,
I
i
Page 8 of 18 I1G 00 01 06 05 I
i
necessary litigation expenses incurred by us and However, none of these "employees" or 'volunteer
necessary Id!galion expenses incurred by the workers"are insureds for.
indemndee at our request wilt be paid as (1) "Bodily injury" or "personal and advertising
Supplementary Payments Notwithstanding the injury".
provisions of Paragraph 2b (2) of Section I —
Coverage A -- Bodily Injury And Properly Damage (a) To you, to your partners or members (if you ;
Liability, such payments will not be deemed to be are a partnership or joint venture), to your
damages for"bodily injury"and"property damage"and members (d you are a limited liability
will not reduce the limits of insurance, company), to a co-"employee while in the
course of his or her employment of
Our obligation to defend an insureds indemnitee and
to a for attorneys' fees and necessa litigation performing duties related to the conduce of
pay Y rY 9 your business, or to your other volunteer
expenses as Supplementary Payments ends when workers" while performing duties related to
a. We have used up the applicable limit of insurance the conduct of your business,
in the payment of judgments or settlements;or (b) To the spouse,child,parent,brother or sister
b. The condition set forth above, or the terms of the of that cc-"employee" or that "volunteer
agreement described in Paragraph f,above,are no worker" as a consequence of Paragraph
longer met (1)(a)above;
SECTION II—WHO IS AN INSURED (c) For which there is any obligation to share
1 If you are designated in the Declarations as: damages with or repay someone else who
a An individual, you and your spouse are insureds, must pay damages because of the Injury
with respect to the conduct of a business described in Paragraphs (1)(a)or(h) above,
but only F or
of which you are the sole owner. (d) Arising out of his or her providing or falling to
b. A partnership or joint vpneure, you are an Insured, provide professional health care services
Your members, your partners, and their spouses
are also insureds, but only with respect 10 the If you are not In the business of providing
conduct of your business professional healthcare services, Paragraph (d)
c. A limited liability company, you are an insured. does not apply to any nurse, emergency
Your members are also insureds, but onlywith medical technician paramedic employed by
se
respect to the conduct of your business Your You 10 provide such services
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 organizaton other than a partnership, joint (b) Rented to, in the care, custody or control of,
venture or limited liability company, you are an or over which physical control is being
insured Your"executive officers"and directors are exercised for any purpose by
Insureds, but only with respect to their duties as you, any of your "employees", "volunteer
your officers or directors Your stockholders are workers", any partner or member ((f 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 kablliiycompany).
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 "employee" or
trustees "volunteer worker"), or any organization white
2. Each of the following is also an insured, acting as your real estate manager.
a. Employees and Volunteer workers c. Temporary Custodians of Your Property
Your "volunteer workers" only while performing Any person or organizaton having proper
duties related to the conduct of your business, or temporary custody of your property if you die but
your"employees", other than eithot your "executve only
officers" (if you are an organization other than a partnership, joint venture or Iimded ability (i) With respect to liability arising out of the
lability
company) or your managers (if you are a Iiraded maintenance or use of that property,and
liability company), but only for acts within the scope (2) Until your legal representative has been
of their employment by you or while performing appointed
duties related to the conduct of your business it. Legal Representative If You Die
Your legal representative if you die, but only with
respect to duties as such That representative will
i
HG 00 01 06 05 Page 9 of 18
l
i
I
have all your rights and dunes under this Coverage 5 Nonowned Watercraft
Pad With respect to watercraft you do not own that Is less '
e. Unnamed Subsidiary than 51 feel long and is not being used to carry
Any subsidiary, and subsidiary thereof, of yours persons for a charge, any parson is an insured white
which is a legally incorporated entity of which you operating such watercraft with your permission Any
own a financial interest of more than 5D% of trio other person or organization responsible for the
voting stock on the effective data of the Coverage conduct of such person is also an insured, bud only
pap with respect to liability arising out of the operation of
The insurance afforded herein for any subsidiary the watercraft, and only if no other insurance of any
not named in this Coverage Part as a named kind s available to that person or organization for this
liability
insured does riot apply to injury or damage with
respect to which an insured under this Coverage However, no person or organization is an insured with
Part is also an insured under another policy or respect to
would be an insured under such policy but for its a. "Bodily Injury" to a co-"employee" of the person
termrnafion or the exhaustion of us limits of operating the watercraft,or
insurance Is "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 S. Additional Insureds When Required By Written
than 50% of the voting stock, will qualify as a Named Contract,Written Agreement Or Permit
Insured if there is no other sirstar insurance available The following persons) or organizatron(s) are an
to that organization However. additional Insured when you have agreed, in a written
a Coverage under this provision is afforded only until contract, written agreement or because of a permit
the 180th day after you acquire or form the issued by a state or political subdivision, that such
organization or the and of the policy period, person or organization be added as an additional
whichever is earlier, insured on your policy, provided the injury or damage
b. Coverage A does not apply to "bodily Injury" or occurs subsequent to the execution of the contract or
"property damage" that occurred before you agreement
acquired or formed the organization,and A person or organization is an additional insured under
c. Coverage B does not apply to "personal and this provision only for that period of time required by
advertising injury" arising out of an offense the contract or agreement
,committed before you acquired or formed the However, no such person or organization is an insured
organization under this provision it such person or organization is
4. Mobile Equipment included as an insured by an endorsement issued by
With respect to "mobile equipment" registered in your us and made a part of this Coverage Pan.
name under any motor vehicle registration law, any a. Vendors
person is an insured while driving such equipment Any person(s) or organization(s) (referred to below
along a public highway with your permission Any other as vendor), but only with respect to "bodily injury"
person or organization responsible for the conduct of or "property damage" arising out of "your products"
such person,s also an insured,but only with respect to which are distnbuled 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 organizatton for this liability However, "property damage" Included within the "products-
no person or organization is an insured with rospeni to completed operations hazard"
a. "Roddy injury" to a co-°employee° of the person (1) lire Inciirance Afforded the ",endor is-subject to
driving the equipment,or the following additional exclusions'
b. "Property damage"to property owned by, rented to, This insurance does not apply to
in the charge of or occupied by you or the employer (a) "Bodily injury" or "property damage" for
of any person who is an insured tinder this which the vendor is obligated to pay
provision damages by reason of the assumption of
liability in a conlract or agreement This
extrusion does not apply to liability for
damages that the vendor would have in fire
absence of the contract or agreement,
Page 10 of 18 FIG 00 0106 05
,
(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 bythe vendor, land or premises, but only with respect to 6abilHy
(d) Repackaging, except when unpacked solely arising out of the ownership, maintenance or use of
for 11)e purpose of inspection, demonsirahon, 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 tram the manufacturer, and than additional insureds the following additional
repackaged in the ongrnal container; exclusions apply
(a) Any failure to make such inspections, This insurance does not apply to;
adjustments,tests or servicing as the vendor 1, Any 'occurrence" which takes place after you
has agreed to make or normally undertakes cease to lease that land,or
to make in the usual course of business, in 2, Structural alterations new construction or
connection with the disinbuhon or sale of the demolition operations performed by or on behalf
products; I
(f) Demonstration, installation, servicing w of such person or organization
repair operations, except such operations d, Architects, Engineers or Suiveyom
performed at the vendor's premises in Any architect, engineer, or surveyor, but only with
connection with the rare of the product, respect to liability for "bodily injury", "property
(g) Products which, after distribution or sale by damage" or 'personal and adverismg 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 onyour behalf
vendor,or (1) in connection with your premises;or
(h) "Bodily injury" or "property damage" arising (2) In the performance of your ongoing operations
out of the sole negligence of the vendor for performed by you or on your behalf
its own acts or omissions or those of Its With respect to the insurance afforded these
employees or anyone else acting on Its additional insureds, the following additional
behalf However, this exclusion does not exclusion applies
apply to. This insurance does not apply to "bodily injury",
(i)The exceptions contained In Sub- °property damage" or "personal and advertising
i paragraphs(it)or(f),or Injury" arising out of the rendering of or the failure
(11) Such inspections, adjustments, tests or to render any professional services by or for you,
servicing as the vendor has agreed to including'
make or normally undertakes to make in 1. The preparing, approving, or failing to prepare
the usual course of business, in or approve, maps, shop drawings, opinions,
connection wrih 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, archtleciural or
person or organization, from whom you have engineering activities.
acquired such products, or any Ingredleni, part e, Permits issued By State 4r Political
or container, eitleitng into, accompanying or Subdivisions
containing such products.
b Lessors of Equipment Any state or political subdivision, but only with
respect to operations performed by you or on your
(1) Any person or organization from whom you behalf for which the state or political subdivision
lease equipment, but only with respect to their has issued a permit
liability for "bodily injury", "properly damage" or With respect 10 the insurance afforded these
"personal and advedismg injury' caused, in
whole or in 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 adverasing Injury" arising out of operations
additional insureds this insurance does not performed for the state or municipality,or
apply 10 any "occunence" which takes place (2) "Bodily injury" or "properly damage" included
after the equipmenl tease expires within the "products-completed operations
hazard"
FIG 00 01 06 OS page 11 of 18
1
i
f. Any Other Party c. Persons or organizations making claims or bringing
Any other person or organization who is not an "suits".
insured under Paragraphs a through e above, but 2. General Aggregate Limit li
only with respen.t to eability 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 i
omissions or the acts or omissions of those acting a. Medical expenses under Coverage C; .�
on your behalf b, Damages under Coverage A, except damages
(1) In the performance of your ongoing operations; because of "bodily injury" or "properly damage"
2 In connection with our remises owned b or included in the "'produnts-eompleied operations
( ) Y P Y hazard", and
rented'o you,or c. Damages under Coverage B.
(3) in connection with "your work' and included
within the "products-completed operations 3. Prod ucts-Comple#ed Operations Aggregate Limit
hazard", but only 0 The Products-Completed Operations Aggregate Limit
(a) The written contract or agreement requires is the most we will pay under Coverage A for damages
you to provide such coverage to such because of "buddy injury" and "property damage"
additional insured,and Included in the "products-completed eperafions
(b) This Coverage Park provides coverage for hazard"
"bodily injury"or"property damage"included 4. Personal and Advertising Injury Limit
within the "products-completed operations Subject to 2. above, the Personal and Advertising
hazard" Injury Limit is the most we will pay under Coverage B
With respect to the insurance afforded to these for the sum of all damages because of all "personal
additional Insureds, this insurance does not apply grid advertising injury' sustained by any one person or
to organization
'Bodily injury", "property damage"or"personal and 5. Each Occurrence Limit
advertising injury"arising out of the rendering of, or Subject to 2. or 3,above, whichever applies, the Each
the failure to render;any professional architectural, Occurrence Limit is the most we will pay for file sum
engineering or surveying services,including of:
(1) The preparing, approving, or failing to prepare a Damages under Coverage A;and
or approve, maps, shop drawings, opinions, b. Medical expenses under Coverage C
reports, surveys, field orders, change orders or because of all "bodily injury" and 'property damage"
drawings and specifications,or
arising out of any one"occurrence"
(2) Supervisory, inspection, architectural or 6. Damage To Premises!Rented To You Limit I
engineering activities.
Subject to 5. above,the Damage To Premises Rented i
The limits of insurance that apply to additional Insureds To You Limh 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 ocher 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 Conddaons 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 riot shown as a Named whether such damage results from fire, lightning or
insured in the Declarations, explosion or any combination of these
SECTION)iII._LIMITS OF INSL'P.C_NCE
7. Medical Expense Limit
7, 71te Most We will Pay
Subject to S. above, the Medical Expense Limn is the
The Limits of Insurance shown in the Declarations and most we will pay under Coverage C for all med,cai
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, a How Limits Apply To Additional Insureds
It Claims made or"suits"brought,or If you have agreed in a written contract or written
agreement that another person or organization be
Page 12 of 16 HG 00 01 06 o5
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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 theI�
the lesser of "suit',and
a. The limits of insurance specified in the written (4) Ass,st us, upon our request, in the enforcement of
contract or written agreement, or any right against any person or organization which
b. The Limits of Insurance shown in the Declarations may be liable to the insured because of injury or
damagetowhich this Insurance mayalsoapply.
Such amount shall he a pars of and not in addition to
Limits of Insurance shown in the Declarations and d. Obligations At The Insureds Own Cost
described in ihis Section No insured will, except at that Insured's own coal,
The Limits of Insurance of this Coverage Part apply voluntarily make a payment, assume any
separately to each consecutive annual period and to any obligation, or incur any expense, other than for first
remaining period offers than 12 months, starting with the aid,without our consent,
beginning of the policy period shown in the Declarations, a. Additional Insureds Other Insurance
unless the policy period is extended after issuance for an If we cover a claim or "suit" under this Coverage
additional period of less Irian 12 months In that case,the Par] that may also be covered by other insurance
additional period will be closures part of the Iasi preceding available to an additional Insured, such additional
period for purposes of deterouning the Limits of Insurance. Insured must submit such claim or "suit" to the
SECTION IV — COMMERCIAL GENERAL LIABILITY other insurer for defense and inderwi ty
CONDITIONS However, this provision does not apply to the
1. Bankruptcy extent that you have agreed in a writien 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 Of occurrence, Offense,Claim f. Knowledge Of An Occurrence, Offense, Claim
Or Suit Or Suit
a. NoticeOfoccurrenceorOffense, Paragraphs a, and b. apply to you or to any
You or an additional insured must see to it that we additional Insured only when such "occurrence",
Y offense,claim or suit is known to:
are notified as soon as practicable of an 7 You or an additional insured that Is an
oscurrence O y
" or an offense which may result in a individual,
claim To the extent possible,notice should Include:
(1) How, when and where the "occurrence" or (2) Any partner, it you or an additional insured is a
offense took place, partnership,
(2) The names and addresses of any injured (3) Any manager, if you or an additonal insured is a
persons and witnesses,and limited liability company,
(3) The nature and location of any injury or damage (4) Any "executive officer"or insurance manager, if
arising out of Via 'occurrence"or offense you or an additional insured is a corporation,
b. Notice Of Claim (6) 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) Immediatsly record the specifics of the claim or additional insured is a political subdivision or
"suit"and the date received,and public.entry
(2) Noisy 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 written notice of the claim or "suit"as soon
as practicable No person or organization has a right under this
c. Assistance And Cooperation Of The Insured Coverage Part.
a. To loin us as a party or otherwise bung us into a
You and any niher involved insured must "suit"asking for damages from an insured,or
(1) Immediately send us copies of any demands, b To site 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",
2 Authorize us to obtain records and ocher A person or organization may .is us to recover on an
O agreed settlement or on a final judgment against an
informetion, insured, but we will not be liable for damages that are
not payable under the terms of this Coverage Part or
HG 00 01 06 05 Page 13 of 18
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that are in excess of the applicable limit of insurance. (7) When You Add Others As An Additional
An agreed sefilement means a settlement and release Insured To This Insurance
of liability signed by us,the insured and the claimant or Any other insurance available to an additional
the claimant's legal representative insured
4. Other Insurance However, thefollowmg provisionsapplyfo 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 Par, our obligations are limited as this coverage pan
follows (a) Primary Insurance When Required By
a. Primary Insurance Contract
This insurance is primary except when b. below This insurance is primary if you have agreed
applies If other insurance is also primary, we will in a written contract or written agreement
share with all that other insurance by the method that this insurance be primary If other
described in c. below, insurance is also primary, we will share with
b. Excess Insurance all that other insurance by the method
This insu'anca 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 oiher basis; Insurance When Required By Contract
(1) Your Work If you have agreed in a written contract,
written agreement, or permit that this
That is Fire,Extended Coverage,Builder's Risk,
Insurance di primary and noon msubuiery
Installation Risk or similar coverage for "your
with the additional msured's own insurance,
work", this Insurance is primary and we will not
(2) Premises Rented To You seek contribution from that other Insurance.
That is fire, lightning or explosion insurance for Paragraphs (a) and (b) do not apply to other
Premises rented to you or temporarily occupied Insurance to which the additional Insured has
by you with permission of the owner, been added as an additional insured
(3) Tenant Liability When this insurance is excess, we will have no
That is insurance purchased by you to cover duty under Coverages A or B to defend the insured
your liability as a tenanl for "property damage" against any suit" if any other insurer has a duty to
to premises rented to you or temporarily defend the insured against that "suit' If no other
occupied by you wdh permission of the owner, insurer defends,we will undertake to do so, but we f
4 Aircraft,Auto Or Watercraft will be entitled to the insured'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 that all such other insurance
(5) Property Damage to Borrowed Equipmehtor would pay for the loss in the absence of this
Use Of Elevators insurance,and
If the loss anses out of "properly damage" to (2) The focal of all deductible and self-insured
borrowed equipment or the use of elevators to amounts under all that other insurance
the exienl not subject to Exclusionj of Section I
- Coverage A - Bodily Injury And Property We will share the remaming loss, if any, with any
Damage Liability, other insurance that is not described in this Excess j
Insurance provision and was not bought specifically
(6) When You Are Added As An Additional to apply in excess of the Lim-ts of Insurance shown
Insured To Other Insurance in the Declarations of this Coverage Part
Any other insurance available to you covering c. Method Of Sharing
liability for damages arising out of the premises
or openuons, or products and completed If all of the other insurance permits contribution by
operations, for which you have boon added as equal shares,we will follow this method also Under
an additional insured by that insurance,or this approach each insurer contributes equal
amounis until it has paid its applicable limit of
insurance or none of the loss remains, wmchever
comes first
Page 14 of 18 FIG 00 01 06 05
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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 ahem,
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)
t insurance to the total applicable lirnds of insurance If the insured has waived any rights of recovery '
of all insurers
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 chat right, provided the insured waived their
le Premium shown in this Coverage Part as advance rights of recovery against such person or
premium is a deposit premium only At the close of organization in a contract, agreement or permit that
each audit period we will compute the earned was executed priorio the injury or damage
premium for that period and send notice to the first 9 When We Do Not Renew
Named Insured, The due date for audit and If we decide not to renew this Coverage Part, we will
retrospective premiums is the date shown as the mail or delivar to the first Naned Insured shown In the
due date on the bill. If the sum of the advance and Declarations written notice of the nonrenewal not less
audit premiums paid for the policy period is greater than 3D days before the expiration date
than the earned premium, we will return the excess to the first Named Insured If notice is mailed, proof of mailing will be sufficient
tice
no proof of
c. The first Named Insured must keep records of the SECTIONDEFINt710N5
information we need for premium computation, and
send us copies at such times as we may request 1. "Advertisement" means the ,widespread public
6. Representations dissemination of information or images that has the
purpose of inducing the sale of goods, products or
a When You Accept This Policy services through
By accepting this policy,you agree, a. (1) Radio;
(1) The statements in the Declarations are accurate (2) Television,
and compleie, (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
representalions 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 include,
hazards relating to the conduct of your business a. The design, printed material, Information or images
that exist at the inception date of this Coverage contained in, on or upon the packaging or labeling
Part, we shall not deny coverage under this of any goods or products;or
Coverage Part because of such failure b. An interactive conversation between or among
7. Separation Of Insureds persons through a computer network
Except with respect to the Limits of Insurance, and any 2, 'Advertising idea" means any idea for an
rights or duties specifically assigned in this Coverage "adverfisemonl'
Pail to the first Named Insured,this insurance applies, 3 "Asbestos hazard" means an exposure or threat of
a As if each Named insured were the only Named exposure to the actual or alleged properties of
Insured,and asbestos and includes the mere presence of asbestos
b. Separately to each insured against whom claim Is In any form
mado or"curt"is hrcughl 4. "Auto"meaub a land motor vehicle,trader or semitrailer
0. 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
a Transfer of Rights Of Recovery include"mobile equipment"
It the insured has rights to recover all or part of any S. 'Bodily injury"means physicala. Injury,
payment, including Supplementary Payments, we
have made under this Coverage Pad, those rights b. Sickness,or
are transferred to us The insured must do nothing c. Disease
after Toss 10 impair them At our request, the sustained by a person and, if arising out of the above,
menial anguish or death at any time
HG 00 01 06 05 Page 15 of 10
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6. "Coverage territory"means, rented to you or temporarily occupied by you with
a. The Untied States of America (Including its territories permission of the owner is subject to the Damage
and possessions),Puerto Rico and Canada, to Premises Rened To You Limit described in
Section III—Limits of Insurance;
b. International waters or airspace, but only if the
Injury or damage occurs in the course of travel or b. A sideirack agreement;
transportation between any places included in a. c. Any easement or license agreement, including an i
above;or easement or license agreement to connection with
c. All other parts of the world if the injury or damage construction or demolition operations on or within
apses out of 50 feet of a railroad;
(1) Goods or products made or sold by you in the d. An obligation, as required by ordinance, to
territory described in a,above, indemnify a municipality, except in connection with lit
(2) The activities of a person whose home is in the work for a munimpalrty;
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 pertaining to your business (including an
take place through the Internet or similar indemnification of a municipality in connection with
electronic means of communication work performed for a municipality) under which you
provided the insured's responsibility to a damages is assumo the tort liability of another party to pay for
P po tY pay 9 bodily injury" or property damage" to a third
determined in the United States of America(utcluding its person or organization, provided the "bodily Injury"
territories and possessions), Puerto Roo 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 territory or in a settlement we agree to liability means a liability that would be Imposed by
T. "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 pelt of any contract or
8. "Employment-Related Practices"means agreement that indemnifies a railroad for 'bodily
a. Refusal to employ a portion, injury" or 'property damage` arising out of
b Termtnaiwn of a poison's employment,or construction or demolition operations,within 50 feel
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'
0, "Executive officer" means a person holding any of the (1) That indemnifies an architect, engineer or
officer positions created by your charter, constrution, surveyor for injury or damage arising out of.
by-laws or any other similar governing document
10 "Hostile fire"means one which becomes uncontrollable (a) Preparing, approving, orfailingr into prepare or
or breaks out from where it was intended to be, approve, maps, shop drawings, e orders
reports, surveys, field orders, change orders
11.11impaired 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 failing to
or is less useful because give them, if that is the primary cause of the
a 11 incorporates"your product" or"your work" that is Injury or damage, or
known or though; 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
Jr. You have failed to fulfill the terms of a contract or damage arising out of the insured's rendering or
agreement, failure to render professional services, Including
If such property can be restored to use by those listed in (1) above and supervisory,
a The repair, replacement, adjustment or removal of Inspection,architectural or engineering activities
"your product"or"your work",or 13.4I eased worker" means a person leased to you by a
b. Your fulfilling the forms of the contract or agreement labor leasing firm under an agreement between you
and the labor leasing firm, to perform duties related to 1
12."Insured contract"means the conduct of your business "Leased worker" does
a A contract for a lease of premises, However. that not include a"temporary worker"
portion of the contract for a lease of premises that 14 "Loading or unloading"means the handing of property,
indemnities any person or organization for damage a After it is moved from the place where it Is accepted j
by fire, lightning or explosion to premises while for movement into or onto an aircraft, watercraft or
"auto",
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b. White 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
c. While it is being moved from an aircraft, watercraft harmful conditions
or"auto"to the place where it is finally delivered, 17."Personal and advertising injury" means injury,
but "loading or unloading" does not include the including consequential "bodily injury", arising out of
movement of property by means of a mechanical one or more ofihafollowmgoffenses;
device, other than a hand truck, feat is not attached to a. False arrest, detention or imprisonment,
the aircraft,watercraft or"auto" b. Malicious prosecution,
15."Mobile equipment" means any of the following types c. The wrongful eviction from, wrongful entry Into, or !
of land vehicles, including any attached machinery or invasion of the right of private occupancy of a room,
equipment. dwelling or premises that a person occupies,
a. Bulldozers, farm machinery, forklifts and other committed by or on behalf of its owner, landlord or
vehicles designed for use principally off public lessor, !
roads,
d. Oral, written or electronic publication of material
b. Vehicles maintained for use solely on or next to that slanders or libels a person or organization or
premises you own or rent; disparages a person's or organization's goods,
c. Vehiclesthattravel on crawler treads; products or services;
d. Vehicles,whether self-propelled or not, maintained e. Oral, written or electronic publication of material
primarily to provide mobility to permanently that violates aperson'snghtofpnvacy;
mounted f. Copying, in your "advertisement", a person's or
(1) Power cranes, shovels, loaders, diggers or organizations "advertising idea" or slyle of
drills,or "advertisement",
(2) Road construction or resurfacing equipment g• Infringement of copyright, slogan, or title of any
such as graders,scrapers or rollers, literary or artistic work,in your"advertisement";or
e. Vehicles not described in a., b., c. or d,above that h. Discrimination or humiliation that results in injury to
are not self-propelled and are maintained primarily the feelings or reputation of a natural person
to provide mobility, to permanently attached 18,"Pollutants" mean any solid, liquid, gaseous or thermal
equipment of the following types. irritant or contaminant, including smoke, vapor, soot,
(1) Air compressors, pumps and generators, fumes, acids, alkalis, chemicals and waste, Waste
including spraying, welding, building cleaning, includes materials to be recycled, reconditioned or
geophysical exploration, Irgh ing and wall reclaimed
servicing equipment,or 19."Producis-completed operations hazard"
(2) Cherry pickers and similar devices used to raise a. Includes all "bodily injury" and "property damage"
or lower workers, occurring away from premises you own or rout and
If. 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 (i) Producis that are still in your physical
transportation of persons or cargo possession; or
However, self-propelled vehicles with the following (2) Work that has not yet been completed or
types of permanently attached equipment are not abandoned, However, "your work" will be
"mobile equipment"but will be considered"aulos" deemed completed at the earliest of the
(1) Equipment, of at least 1.000 pounds gross following times
vehicle weight,designed primarily for (a) When all of the work called for in your
(a) Snow removal, contract has been completed
(b) Road maintenance, but not construction or (b) When all of the work to be done at the job
resurfacing;or site has been completed if your contract
(c} Siresi rlearnng, calls for work at more than one job site
(2) Cherry pickers and similar devices mounted on (c) When that part of the work done at a job site
automobile or truck chassis and used to raise or has been put its intended use by any
person or organnizationno othther than another
lower workers,and contractor or subcontractor working on the
(3) Arc compressors, pumps and generators, same project,
including spraying, welding, budding cleaning, Work that may need service, maintenance,
geophysical exploration, fighting and well correction, repair or replacement but which is
servicing equipment otherwise complete, will be treated as
completed
HG 00 01 06 05 Page 17 of'18
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b, Does not include "bodily injury" or "property 22.17emporary 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" cn leave or to meet seasonal of short-
injury or damage arises out of a condition In or term workload conditions.
on a vehicle not owned or operated by you, 23."Volunieerworker"means a person who
and that condition was created by the"loading a, Is not your"employee",
or unload:ig"of that vehicle by any insured, It. Donates his or her work,
(2) The existence of tools, uninstalled equipment
or abandoned or unused materials,or c. Acts at the direction and within the scope of
duties determined by you;and
(3) Products or operations for which the
elassi ication, listed in the Declarations or in a d. Is not paid a fee, salary or other compensation by
policy schedule, slates that products- you or anyone else for their work performed for j
completed operations are subject to the you,
General Aggregate Limit 24."Your product"'
20."Property damage" means a Means
a. Physical Injury to tangible property, including all (1) Any goods or products, other than real
resulting loss of use of that property Ali such loss property, manufactured, sold, handled,
of use shall be deemed to occur et the lime of the distributed or disposed of by
physical injury that caused it,or (a) You,
b. Loss of use of tangible property that is not (b) Othersirading 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 acgwred;and
As used in this definition, compulerzed or (2) Containers (other than veMcles), materials,
electronically stored data, programs or software are parts or equipment furnished in connection
not tangible property Electronic data means with such goods or products,
information,facts or programs b. Includes
a. Stored as or on; (1) Warranties or representations made at any
b Created or used on;or time with respect to the fitness, quality,
durability, performance or use of 'your
c Transmitted to or from, product',and
computer software, including systems and (2) The providing of or failure to provide warnings
applications software, hard or floppy disks, CD• or instructions
RAMS, tapes, drives,cells, data processing devices c. Does not include vending machines or other
or any other media which are used with electronically properly rented to or located for the use of others
controlled equipment but not sold,
21."Suit" means a civil proceeding in which damages yr,"Your work"
because of "bodily injury", 'properly damage or '
"personal and advertising ,niury" to which this a. Means. 1
insurance applies are alleged "Suit"includes (1) Work or operations performed by you or on
a. An arbitration proceeding in which such damages your behalf,and
are claimed and to which the insured must submit (2) Materials, parts or equipment furnished to
or does submit with our consent,or connection with such work or operations
b Any other alternative dispute resolution b. Includes
proceeding to which such darnages are claimed (1) Warranties or representations made at any
and to which the insured subnuts with our time with respect fu the fitness, quality,
consem durability, performance or use of "your work",
and
(2) The providing of or failure to provide warnings
or instructions
Page 1e of 16 HG 00 01 06 05
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REQUEST FOR MAYOR'S SIGNATURE
® Please Fill in All Applicable Boxes
K�NT This form must be printed on Cherry paper
MlaceixcT N
Routing Information(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator Ken Langholz Phone (Originator) 5516
Date Sent 1119111 Date Required 1/26111
Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31111
VENDOR NAME: Northwest Hydraulic Consultants, Inc DATE OF COUNCIL APPROVAL: 1115l11
I
Brief Explanation of Document,
The attached agreement is for NHC to provide hydraulic analysts for potential Green River Levee Certification of the
Briscoe-Destmone Levee For a summary,see the attached prepared by Ken Langholz
"I All Contracts Must Be Routed Through the taw Department
(This Area to be Completed By the Law Department)
Received. (
Approval of Law Dept• 9 (RECEIVED �_ ���
Law Dept. Comments, lk -6-
JAN 18 2011 C ) �
Date Forwarded to Mayor• ( Z0 (I L
Shaded Areas to Be Completed hyA ministration Staff
Received:
Recommendations & Comments: JAN 41
,t 1'
Disposition: / zl {l t°
�ztta '74 64n/
Date Returned: -
lage5870_lemplatebase - 2/07