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HomeMy WebLinkAboutPW13-268 - Amendment - #1 - Northwest Hydraulic Consultants, Inc. - County Road 8 Levee - 01/05/2015 F ri j,K x C tShx4 Records Managerne"n KENT Document T ,,' ,_ s 3 �rvjs a.h 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: ?V11i;� sir-K - 00 1 This is assigned by City Clerk's Office Project Name: County Road 8 Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: .lS. Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Casteel Department: Engineering Contract Amount: Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2015. Due to project priorities of other levee segments with grant funding, the County Road 8 Levee project has been put on hold. — --- - ------ As of: 08/27/14 DENT AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Northwest Hydraulic Consultants Inc. CONTRACT NAME & PROJECT NUMBER: County Road 8 Levee ORIGINAL AGREEMENT DATE: December 16, 2013 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments, All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2015. Due to project priorities of other levee segments with grant funding, this project has been put on hold. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $18,194.00 including applicable WSST Net Change by Previous Amendments $0 j including applicable WSST Current Contract Amount $18,194.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $18,194.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/14 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (t) for this 365 calendar days Amendment Revised Time for Completion 12/31/15 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: (�iiqna re) (signature) Print Name tW, Pri tame! Suzette Cooke Its ' .x:r_ }Y ra _. Its Moor (title) ` (title) DATE: C 22 '14A DATE: t— � I APPROVED AS TO FORM: (applicable if Mayor's s,cpature regpired) t Kent Law Department NHC-Co Rd 9 Ame 1/Casteol AMENDMENT - 2 OF 2 —+� NORTH34 OP ID: NN ACORN' CERTIFICATE OF LIABILITY INSURANCE 06126/2014 DATE �---'' 26t2014 'S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS _RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mike Griffith Griffith/Rush Drake Insurance NAME: PO Box27167 PHONEAan'N Ea;206-632-1433 206-365-0699 12364 Lake City Way NE EMAIL Seattle,WA 98125 ADDRESS: Mike Griffith _INSURERISI AFFORDING COVERAGE NAIC# INSURERA:The Hartford Casualty Ins Co 29424 INSURED Northwest Hydraulic INSURER B: Consultants,Inc. -- 16300 Christensen Rd#350 INSURER0: Tukwila,WA 98188 INSURER D:_ INSURER E: -- INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE �DO B Vit POLICYNUMBER tMIODY� MMtDD1YEYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FRI OCCUR 52UUNZD9765 06/30/2014 0613012015 PREMISESiIEEUAMAU IQIILacurrenc� $ 300,000 (. MED EXP(Anyone person} E 10,000 PERSONAL&AOV INJURY $ 1,000,D0o DENT AGGREGATE LIM IT APPLIES PER: I GENERAL AGGREGATE $ 2,000,000 POLICY I JECOT D LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: S — .,UTOMOBILELIABILITY - COMBINED SINGLELI g 1,000,000 Ea acc!dentj,,,,,_„_, A X ANY AUTO 52UUNZD9765 06/30/2014 06/30/2016 BODILY INJURY(Per person) If ALL OWNED SCHEDULED BODILY INJURY(Pereccident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Pereceldent )( UMBRELLA VAB X OCCUR EACH OCCURRENCE__ $ ii,609,80C A EXCESS LIAB CLAIMS-MADE 52XHUZD8463 06/30/2014 06/30/2015 AGGREGATE _ $ DED X RETENTIONS 10,000 $ WORKERS COMPENSATION STATUTE X ER' EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNERIEXECUTIVE YIN 52UUNZD9765 06/30/7.014 46/30/2015 E.L.EACH ACCI DENT S OFFICERIMEMBER EXCLUDEDI (Mandatory In NH) WA STOP GAP EL DISEASE-EA EMPLOYE $ _f yes,descries under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Property Section 52UUNZD9765 06130/2014 06/30/2015 BPP DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (ACORD 101,Additional Remark.!i6edule,au,beattachad if more space is required) The certificate holder is listed as primary non contributory additional j insured as pertains to the work and services performed by the named insured only per form HG 00 01 06 05. I I i CERTIFICATE HOLDER CANCELLATION CITYKNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S Kent,WA 98032 AUTH-O�R�IIZZZEEDD RR'EPRESENTATIVEE i ©1988-2014 ACORD CORPORATION. All rights reserved, '. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD I i _ NORTH34 OP ID: NN ACOR a DATE(MWDDNYYY) R CERTIFICATE OF LIABILITY INSURANCE 03/11/2014 .,S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate hoer is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to ld the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). coNTAcr PRODUCER NAME: FA Griffith/Rush Drake Insurance PHONE xt), Ate No: PO BOX 27167 -MAIL 12354 Lake City Way NE Seattle,WA 98125 INSURERS)AFFORDING COVERAGE NAICIt Mike Griffith INSURER A:Evanston Insurance Company INSURED Northwest Hydraulic Consultants,Inc. INSURER C: 16300 Christensen Rd#350 Tukwila,WA 98186 INSURER D: INSURER F: ', COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ITHIS IS TO CERTIFY HAT THE OF INSURACE LISTED BELOW HAVE BEEN ISSUED TO HE INSURED NAMEDNDICATED, NOTWITHSTANDING POLICIES ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIDTH REE VE PECT TOFOR THELWHICH BICY IOS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR POLICYEFF PO TYPE OF INSURANCE OD LICYEXP LIMITS POLICY NUMBER MMIDD/YYYY MMIDD/Y YY EACH OCCURRENCE GENERAL LIABILITY A GE AGE T E E $ ED COMMERCIAL GENERAL LIABILITY PREMISES Eaocournnce $ CLAIMS-MADE ❑OCCUR MED EXP(Anyone person) $ PERSONAL&ADV INJURY_ $ GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ ( 1EN'L AGGREGATE LIMIT APPLIES PER: $ , POLICY D PRO- LOC COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea Occident BODILY INJURY(Per person) $ ANY AUTO AU OS SCHEDULED BODILY INJUERTY RY(Per accident) $ AUTOS NON-OWNED (PERAUTOS ACCIDEND GE $ HIRED AUTOS AUTOS PER ACCIDEN UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OLD RETENTION$ TVCV LIMITS OEH WORKERS COMPENSATION AND EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOWPARTNERIEXECUTIVEY� NIA OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ (Mandatory in NH) If yes,describe undar E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS b.I. '.. q Professional Lie AE823513 03/1212014 03/12/2015 Occurance 2,000,000 iDEDUCTIBLE-$50,000 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additbnai Remarks Schedule,if more space is requited) Those usual to the insured's operations. CERTIFICATE HOLDER CANCELLATION GITYKNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Nancy Yoshitake 220 4th Ave S AUTHORIZED REPRESENTATIVE Kent,WA 98032 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD I Policy#:52UUNPX0936 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (2) The "bodily injury" or "property damage" occurs the entire policy carefully to determine rights, duties and during the policy period; and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words"you"and "your' refer to under Paragraph 1. of Section iI —Who is An the Named Insured shown In the Declarations, and any Insured and no"employee"authorized by you to other person or organization qualifying as a Named give or receive notice of an "occurrence" or Insured under this policy, The words "we", "us" and "our" claim, knew that the "bodily injury" or"property refer to the steel( insurance company member of The damage" had occurred, In whole or In part. If Hartford providing this insurance, such a listed insured or authorized "employes" The word "insured" means any person or organization knew, prior to the policy period, that the "bodily qualifying as such under Section 11—Who Is An Insured, injury" or"property damage" occurred,then any continuation, change or resumption of such Ocher words and phrases that appear In quotation marks "bodily Injury" or "property damage" during or have special meaning. Refer to Section V—Definitions, after the policy period will be deemed to have SECTION I-COVERAGES I been!mown pdo r to the polioy period, COVERAGE A BODILY INJURY AND PROPERTY a 'Bodily injury"or"property damage" will be deemed DAMAGE LIABILITY to have been known to have occurred at the 1. Insuring Agreement earliest time when any insured listed under a. We will pay those sums that the insured becomes Paragraph 1, of Section tl —Who Is An Insured or any employee authorized by you to give or legally obligated to pay as damages because of receive notice of an "occurrence"or claim: bodily injury or property damage to which this Insurance applies. We will have the right and duty (1) Reports all, or any part, of the "bodily injury" or to defend the insured against any "suit" seeking "property damage"to us or any other insurer, those damages, However, we will have no duty to (2) Receives a written or verbal demand or claim defend the insured against any "suit" seeking for damages because of the "bodily injury" or damages for"bodily injury"or"property damage"to "property damage";or which this Insurance does not apply. We may, at (3) Becomes aware by any other means that our discretion, investigate any 'occurrence" and "bodily injury" or "property damage" has settle any claim or"still"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 — Limits Of damages claimed by any person or organization for Insurance;and care, loss of services or death resulting at any time (2) Our right and duty to defend ends when we from'the"bodily injury", '.... have used up the applicable limit of insurance In a, incidental ryiedicaI 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 ocher obligation or liability to pay sums or services as a physician, dentist, nurse, perform acts or services is covered unless explicitly emergency medical technician or paramedic shah be deemed to be caused by an provided for under Supplementary Payments Coverages A and 0. "occurrence", but only if: b. This insurance applies to "bodily injury" and (a) The physician, dentist, nurse, emergency "property damage"only if: medical technician or paramedic is employed by you to provide such services; (1) The "bodily injury" or "property damage" is and caused by an "occurrence" 'hat takes place in (b) you are not engaged in the business or the "coverage territory"; occupation of providing such services, H G 00 01 06 05 page 1 of 1 B ©2006 The Hartford V I I (includes copyrighted material of Insurance Services Office, Inc. with its permission.) Policy#: 52UUNPX0936 (2) For the purpose of determining the limits of d. Worlters'Compensation And Similar Laws insurance for incidental medical malpractice, Any obligation of the insured under a workers' any act or omission together with all related acts compensation, disability benefits or unemployment or omissions in the furnishing of these services compensation law or any similar law. to any one person will be considered one "occurrence", e. Employer's Liability 2. Exclusions "Bodily injury"to: This insurance does not apply to: (1) An "employee" of the insured arising out of and in the course of: a. Expected Or Intended injury "Bodily injury" or "property damage" expected or (a) Employment by the insured;or intended from the standpoint of the insured, This (b) Performing duties related to the conduct of exclusion does not apply to "bodily Injury" or the insured's business;or "property damage" resulting from the use of (2) The spouse, child, parent, brother or sister of reasonable force to protect persons or property, that "employee" as a consequence of b. Contractual Liability Paragraph(1) above. 'Bodily Injury' or "property damage' for which the This exclusion applies; Insured is obligated to pay damages by reason of (1) Whether the insured may be liable as an the assumption of liability in a contract or employer or in any other capacity;and agreement.This exclusion does not apply to liability (2) To any obligation to share damages with or fordamages: 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 execution of the contract or agreement. Solely (1) 'Bodily injury" or "property damage" arising out 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 contract'; and O "Bodily injury' if sustained within a (b) Such attorney fees and litigation expenses building and caused by smoke, fumes, are for defense of that party against a civil or vapor or soot produced by or originating alternative dispute resolution proceeding in from equipment that is used to heat, cool which damages w which this insurance or dehumidify the building, or equipment applies are alleged, that is used to heat water for personal c. Liquor Liability use, by the building's occupants or their guests; "Bodily injury" or "property damage" for which any (it) "Bodily injury" or "properly 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 TU - rnisHng of alcoholic beverages to a added to ;your policy as an additional person wider the 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 of that premises, site or location the Sala, gift, distribution or use of a;cohaiio and such premises, site or location is not beverages. and never was owned or occupied by, or rented or loaned to, any insured, other This exclusion applies only if you are in the than that additional insured;or business of manufacturing, distributing, selling, serving or unnishing alcoholic beverages. Page 2 of 18 FIG 00 01 06 06 i Policy It:52UUNPX0936 (lit) "Bodily injury" or "property damage" (a) At or from any premises, site or location on arising out of heat, smoke or fumes from which any insured or any contractors or a"hostile fire"; subcontractors working directly or Indirectly (b) At or from any premises, site or location on any Insured's behalf are performing which is or was at any time used by or for operations if the operations are.ic test for, any insured or others for the handling, monitor, clean up, remove, contain, treat, storage,disposal, processing or treatment of detoxify or neutralize, or in any way respond waste; to,or assess the effects of, "pollutants", (c) Which are or were at any time transported, (2) Any loss,cost or expense arising out of any: handled, stored, treated, disposed of, or (a) Request, demand, order or statutory or processed as waste by orfor: regulatory requirement that any insured or (1) Any Insured;or others test for, monitor, clean up, remove, (it) Any person or organization for whom you contain, treat, defoxify or neutralize, or in may be legally responsible; any way respond to,or assess the effects of, "pollutants";or (d) At is from any premises, site or tocationractors 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 insureds 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 to, or assessing the siects 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 t 'Bodily injury" or damage" that the Insured would have in the C) Y property damage" absence of such request, demand order or arising out of the escape of fuels, q , lubricants or other oporating fluids which statutory or regulatory requirement, or such are ' needed to perform the normal claim or"suit"by or on behalf of a governmental electrical, hydraulic or mochanical authority, functions necessary for the operation of g. Aircraft,Auto Or Watercraft "mobile equipment" or its parts, if such "Bodily injury" or "property damage" arising out of fuels, lubricants or other operating fluids the ownership, maintenance, use or entrustment to escape from a vehicle part designed to others of any aircraft, "auto"or watercraft owned or hold, store or receive them. This operated by or rented or loaned to any insured. Use exception does not apply if the "bodily Includes operation and"loading or unloading", injury"or"property damage"arises out of This exclusion applies even if the claims against the intentional discharge; dispersal or any insured allege negligence or other wrongdoing release of the fuels, lubricants or other in the supervision, hiring, employment, training or operating fluids, or if such fuels, monitoring of others by that insured, if the lubricants or other operating fluids are "occurrence" which caused the "bocilty injury" or brought on or to the premises, site or "prope y damage" Involved fie ownership, location with the intent that they be maintenance, use or entrustment to others of any discharged,dispersed or released as part aircraft, "auto" or watercraft that is owned or of the operations being performed by operated by or rented or loaned to any insured. such insured, contractor or subcontractor; This exclusion does not apply to: (!i) "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 buikng (a) Less than 51 feet long; and in connection with operations being performed by you or on your behalf by a (b) Not being used to carry persons for a contractor or subcontractor;or charge; (ill) "Bodily Injury" or "properly damage" (3) Parking an "auto" on, or on the ways next to, arising out of heat, smoke or fumes from premises you own or rent, provided the "auto"is a "hostile fire";or not owned by or rented or loaned to you or the insured; HG 00 01 06 05 Page 3 of 19 i Policy th 52UUNPX0936 (4) Uabiiity assumed under any "Insured contract" working directly or indirectly on your behalf are for the ownership, maintenance or use of performing operatlons, 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 properly that must be of the operation of any of the equipment listed In restored, repaired or replaced because "your Paragraph 1.(2) or f.(3) of the definition of work"was incorrectly performed on it. "mobile equipment"; or Paragraphs (1), (3)and (4) of this exclusion do not (6) An aircraft that is not owned by any insured and apply to "property damage" (other than damage by is hired, chartered or loaned with a paid crew, fire) to premises, including the contents of such However, this exception does not apply if the premises, rented to you for a period of 7 or fewer insured has any other insurance for such"bodily consecutive days. A separate limit of insurance injury" or"property damage", whether the other applies to Damage To Premises Rented To You as insurance Is primary, excess, contingent or on described in Section III—Limits Of Insurance, any other basis, Paragraph(2)of this exclusion does not apply if the h. Mobile Equipment premises are"your work"and were never occupied, "Bodily injury"or"property damage"arising out of, rented or held for rental by you. (1) The transportation of "mobile equipment' by an Paragraphs (3) and (4) of this exclusion do not °auto"owned or operated by or rented or loaned apply to "property damage"arising from the use of to any insured; or elevators, (2) The use of "mobile equipment" in, or while In Paragraphs(3), (4), (5) and (6) of this exclusion do practice for, or while being prepared for, any not apply to liability assumed under a sidetrack prearranged racing, speed, demolition, or agreement. stunting activity. Paragraphs (3) and (4) of this exclusion do not I. War apply to "property damage"to borrowed equipment 'Bodily Injury" or while not being used to perform operations at the property damage', however job site. caused,arising,direc#Iy or indirectly, out of; (1) War,including undeclared or civil war; Paragraph (6) of this exclusion does not apply to property damage included In the products- (2) Warlike action by a military farce, Including completed operations hazard". action In hindering or defending, against an k, Damage To Your Product actual or expected attack, by any government, sovereign or other authority using military 'Properly damage"to "yourproduct"arising out of it personnel or other agents; or or any part of it. (3) Insurrection, rebellion, revolution, usurped I. Damage To Your Work power, or action taken. by governmental "Property damage"to"your work"arising out of it or authority in hindering or defending against any any part of it and included In the "products- of these, completed operations hazard". j. Damage To Property This exclusion does not apply if the damaged work "Property damage''to., or the work out of which the damage arises was (1) Property you own, rent,or occupy, including any performed on your behalf by a subcontractor. costs or expenses incurred by you, or any other m, Damage To Impaired Property Or Property Not person, organization or entity, for repair, Physically Injured replacement, enhancement, restoration or "Property damage" to "Impaired property" or maintenance of such properly for any reason, properly that has not been physically Injured, including prevention of injury to a person or arising our of damage to another's property; (1) A defect, deficiency, inadequacy or dangerous (2) Premises you sell, give away or abandon, if the conditlon in "your product"or"your work'"or "property damage" arises out of any part of (2) A delay or failure by you or anyone acting on those premises; your behalf to perform a contract or agreement (3) Property loaned to you; in accordance with its terms, (4) Personal property In the care, custody or control This exclusion does not apply to the loss of use at of the insured; other property arising out of sudden and accidental i (5) That particular part of real property on which physical injury to "your product" or"your work"after you or any contractors or subcontractors it has been put to its intended use, t Page 4o f-i3 RG00010605 Policy#:52UUNPX0936 it. Recall of Products, Work Or impaired kind to persons or properly which would not Property have occurred in whole or in part but for the Damages claimed for any loss, cost or expense "asbestos hazard"; incurred by you or others for the loss of use, (b) Arise out of any request, demand, order or withdrawal, recall, inspection, repair, replacement, statutory or regulatory requirement that any adjustment, removal or disposal of: insured or others test for, monitor, clean up, (1) "Your product"; remove, encapsulate, contain, treat, detoxify (2) "Your work";or or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; (3) "Impaired property"; or if such product, work, or property is withdrawn or (c) Arise out of any claim or suit for damages recalled from the market or from use by any person because of testing for, monitoring, cleaning or organization because of a known or suspected up, removing, encapsulating, containing, defect, deficiency, inadequacy or dangerous treating, detoxifying or neutralizing or In any condition In it way responding to or assessing the effects o. personal And Advertising Injury of an"asbestos hazard'!. °Bodily injury" arising out of "personal and Damage To Premises Rented To You — Exception advertising injury", For Damage By Fire,Lightning Or Explosion p. Electronic Data Exclusions c.through Jr. and j.through n. do not apply Damages arising out of the loss of, loss of use of, to damage by fire, lightning or explosion to premises damage to, corruption of, inability to access, or while rented to you or temporarily occupied byyou with inability to manipulate electronic data, permission of the owner. A separate limit of Insurance applies to this coverage as described in Section ill — As used In this exclusion, electronic data means Limits Of Insurance. information, facts or programs stored as or on, B PERSONAL AND ADVERTISING created or used on, or transmitted to or from COVERAGE COVERAGE LfTY computer software, including systems and applications software, hard"or floppy disks, CO- 1. Insuring Agreement BOMB,- 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 right and duty "Bodily Injury"to: to defend the insured against any "suit" seeking those damages. However, we will have no duty to (1). A person arising out of any "employment— defend the insured against any "suit" seeking related practices";or damages for "personal and advertising injury" to (2) The spouse, child, parent, brother or sister of which this Insurance does riot 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 to limited This exclusion applies: as described in Section III — Limits Of (1) Whether the Insured may be liable as an insurance;and employer or in any other capacity;and (2) Our right and duty to defend end when we have (2) To any obligation to share damages with or used up the applicable limit of insurance in the repay someone else who must pay damages payment of judgments or settlements under because of the injury, Coverages A or D or medical expenses under r. Asbestos Coverage C. 1 "Bodilyinjury" or "propertydame e arising out No other obligation or liability to pay sums or O I rl' damage' g 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 D. costs or expenses that: b. This insurance applies to "personal and advertising (a) May be awarded or incurred by reason of injury" caused by an offense arising out Of your '. any claim or suit alleging actual or business but only if the offense was committed In threatened injury or damage Of any nature or the "coverage territory"during the policy period. JIG 00 of 06 05 Page 5 of 18 Policy#:52UUNPX0936 2. Exclusions (2) Slogan, unless the slogan is also a trademark, This insurance does not apply to: trade name, service mark or other designation a. Knowing Violation Of Rights Of Another of origin or authenticity;or "Personal and advertising injury" arising out of an (3) Title of any literary or artistic work, offense committed by, at the direction or with the (. Insureds In Media And Internet Type consent or acquiescence of the insured with the Businesses expectation of Inflicting "personal and advertising "Personal and advertising injury" committed by an injury". insured whose business is: b. Material Published With Knowledge Of Falsity (1) Advertising, broadcasting, publishing or "Personal and advertising injury"arising out of oral, telecasting; written or electronic publication of material, if done (2) Designing or determining content of web sites by or at the direction of the insured with knowledge for others;or of its falsity. (3) An Internet search, access, content or service c. Material Published Prior To Policy Period provider. "Personal and advertising Injury" arising out of oral, However, this exclusion does not apply to written or electronic publication of material whose Paragraphs 17.a., b. and c, of "personal and first publication took place before the beginning of advertising Injury"under the Definitions Section, the policy period, For the purposes of this exclusion, placing an d. Criminal Acts "advertisement"for or linking to others on your web "Personal and advertising injury" arising out of a site, by itself, is not considered the business of criminal act committed by or at the direction of the advertising,broadcasting,publishing or telecasting. Insured. k. Electronic Chatrooms Or Bulletin Boards e. Contractual Liability "Personal and advertising injury" arising out of an "Personal and advertising injury' for which the electronic chatroom or bulletin board the insured Insured has assumed liability in a contract or hosts, owns, or over which the insured exercises agreement.This exclusion does not apply to liability control. for damages that the insured would have in the L Unauthorized Use Of Another's Name Or absence of the contract or agreement, Product I. 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 similar ress tactics tomeson etanogs, or another s advertising idea in your"advertisement", anyg. 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 goads,products or (1) Request, demand, order or statutory or services. regulatory requirement that any insured or 1. Infringament Of intellectual Property Rights others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, nr in any "Personal and advcrticlrrg injury" arising out of any way respond to, or assess the effects of, violation of any intellectual property rights such as "pollutants';or copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin (2) Claim or suit by or on behalf of a governmental or authenticity. authority for damages because of testing for, monitoring, cleaning up, removing, containing, However, this exclusion does not apply to treating, detoxif in or neutralizin or in an infringement, in your"advertisement",of: way respondingYo9or assessing ine efferis of, (1) Copyright; "pollutants". Page 6 of 13 HG DO 01 06 05 Policy#:52UUNPX0936 o. War {2} The spouse, child, parent, brother or skier of "Personal and advertising injury", however caused, that person as a consequence of"personal and arising, directly or indirectly,out of: advertising injury" to that person at whom any (1) War,including undeclared or civil war; "employment-related practices"are directed, (2) Warlike action by a military force, including This exclusion applies: action in hindering or defending against an (1) Whether the insured may be Ilable as an actual or expected attack, by any government, employer or in any other capacity;and sovereign or other authority using military (2) To any obligation to share damages with or personnel or other agents;or repay someone else who must pay damages (3) Insurrection, rebellion, revolution, usurped power, because of the injury, or action taken by governmental authority in v. Asbestos hindering or defend rg against any ofthese, (1) "Personal and advertising Injury" arising out of p. Internet Advertisements And Content Cf Others the "asbestos hazard". "Personal and advertising Injury"arising out aft (2) Any damages, judgments, settlements, loss, (1) An"advertisement"forothers on your web site; costs or expenses that: (2) Placing a link to a web site of others on your (a) May be awarded or incurred by reason of web site; any claim or suit alleging actual or (3) Content, including information, sounds, text, threatened Injury or damage of any nature or graphics, or Images from a web site of others kind to persons or property which would not displayed within a frame or border on your web have occurred In whole or in part but for the site;or "asbestos hazard"; (4) Computer code, software or programming used (b) Arise 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 site;or remove, encapsulate, contain,treat, detoxify r (b) The presentation or functionality of an or neutralize or in any way respond to or "advertisement" or other content on your assess the effects of an "asbestos hazard'; web site. or q. Right Of privacy Created By Statute (0) Arise out of any claim or suit for damages "Personal and advertising injury" arising out of the because of testing for, monitoring, cleaning violation of a person's right of privacy created by up, removing, encapsulating, containing, any state or federal act, treating, detoxifying or neutralizing or in any However, this exclusion does not apply to llabilit way responding to or assessing the effects for damages that the Insured would in the COVERAGE C an asbestos hazard". absence of such state or federal act, MEDICAL PAYMENTS r. Violation Of Anti-Trust law 1. Insuring Agreement "Personal and advertising injury" arising out of a a. We will pay medical expenses as described below violation of any anti-trust law, for"bodily Injury"caused by an accident: s. Securities (1) On premises you own or rent; "Personal and advertising injury" arising out of the (2) On ways next to premises you own or rent; or fluctuation In price or value of any stocks, bonds or (3) Because of your operations; other securities. provided that: I. Discrimination Or Humiliation (1) The accident takes place in the "coverage "Personal and advertising injurv" arising out of territory"and during the policy period; discrimination or humiliation committed by or at the (2) The expenses are incurred and reported to us direction of any "executive officer", director, within three years of the date of the accident; stockholder, partner or member of the insured, and u. Employment-Related practices (3) The injured person submits to examination, at "Personal and advertising injury"to: our expense, by physicians of our choice as (1) A person arising out of any "employment— often as we reasonably require, related practices";or HCe 00 01 06 05 Pa e 7 of 76 g Policy#:52UUNPX0936 b. We will make these payments regardless of fault, e. All costs taxed againstthe insured in the"suit". These payments will not exceed the applicable limit t. Prejudgment interest awarded against the Insured of insurance.We will pay reasonable expenses for. on that part of the judgment we pay. If we make an (1) First aid administered at the time of an accident; offer to pay the applicable limit of insurance,we will (2) Necessary medical, surgical, x-ray and dental not pay any prejudgment interest based on that services,including prosthetic devices; and period of time after the offer. (3) Necessary ambulance, hospital, professional g• All interest on the full amount of any judgment that nursing and funeral services. accrues after entry of the judgment and before we 2. Exclusions have paid, offered to pay, or deposited in court the part of the judgment that Is within the applicable We will not pay expenses for"bodily injury": limit of insurance. a. Any Insured These payments will not reduce the limits of insurance. To any insured, except"volunteer workers". 2. if we defend an insured against a "suit" and an b. Hired Person indemnitee of the insured is also named as a party to To a person hired to do work for or on behalf of any the "suit", we will defend that indemnitee if all of the insured or a tenant of any insured, following conditions are met: G. Injury On Normally Occupied Premises a. The "suit" against the indemnitee seeks damages for which the insured has assumed ths'liabliNy of To a person Injured an that part of premises you the indemnitee in a contractor agreement that is an own or rent that the person normally occupies. "insured contract"; d. Workers Compensation And Similar Lauds b. This insurance applies to such liability assumed by To a person, whether or not an "employee" of any the Insured; Insured, if benefits for the "bodily injury" are payable c. The obligation to defend, or the cost of the defense or must be provided under a workers'compensation of,that Indemnitee, has also been assumed by the or disability benefits law or a similar law. insured in the same"insured contract"; e. Athletics Activities d. The allegations In the "suit"and the Information we To a person injured while practicing, instructing or know about the "occurrence" are such that no participating in any physical exercises or games, conflict appears to exist between the interests of sports,or athletic contests, the insured and the interests of the indemnitee; 1. Products-Completed Operations Hazard e. The indemnitee and the insured ask us to conduct and control the defense of that indemrRea a ainst Included within he "products-completed operations g hazard" such suit and agree that the can assign the same counsel to defend the Insured and the indemnitee; g. Coverage A Exclusions and Excluded under Coverage A. f. The indemnitee; SUPPLEMENTARY PAYMENTS W COVERAGES (1) Agrees in writing to: AANDO (a) Cooperate wiih us in the investigation, 1. We will pay,with respect to any claim we Investigate or settlement or defense of the"suit"; settle,or any"suit"against an insured we defend: (b) Immediately send us copies of any a. All expenses we incur, demands, notices, summonses or legal b. Up to $1,000 for cost of bail bonds required papers received in connection with the"suit"; because of accidents or traffic law violations arising (c) Notify any other insurer whose coverage is cut of the use of any vehicle to which the Bodily available to the indemnitee;and Injury Liability Coverage applies. We do not have (rl) Cooperate with us with respect to to furnish These bonds, Coordinatingother er applicable insurance c. The cost of appeal bonds or bends to release available to the indemnitee;and attachments, but only for bond amounts within the (2) Provides us with written authorization to: applicable limit of insurance. We do not have to furnish these bonds. (a) Obtain records and other information related 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 "suit", including actual loss indemnitee in such "suit". of earnings up to $500 a day because of time off So long as the above conditions are met, attorneys' _ from work fees incurred by us in the defense of that indemnitee, Page 8 of 13 WG 00 01 06 05 Policy M 52UUNPX0936 necessary litigation expenses incurred by us and However, none of these "employees" or "volunteer necessary litigation expenses incurred by the workers"are insureds for: indemnitee at our request will be paid as (1) "Bodily injury" or "personal and advertising Supplementary Payments. Notwithstanding the injury": provisions of Paragraph 2.6.(2) of Section i - ' Coverage A — Bodily Injury And Property 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 (if you are a limited liability will not reduce the limits of Insurance, company), to a co"employee" while in the course of his or her employment or Our obligation to defend an insured's indemnitee and performing duties related to the conduct of to pay for attorneys' fees and necessary litigation your business, or to your other "volunteer expenses as Supplementary Payments ends when: workers" while performing duties related to a. We have used up the applicable limit of insurance the conduct of your business; in the payment of Judgments or settlements;or (b) To the spouse,child, parent, brother or sister b. The conditions set forth above, or the terms of the of that co-"employee" or that "volunteer agreement described in Paragraph f.above, are no worker" as a consequence of Paragraph longer met, (1)(a)above; SECTION 11—WHO IS AN INSURED (c) For which there is any obligation to share 1. If you are designated in the Declarations as: damages with or repay someone else who a. An Individual, you and your spouse are insureds, must pay damages because of the injury but only with respect to the conduct of a business described In Paragraphs (1)(a)or (b) above; of which you are the sole owner. or 'b. A partnership or joint venture, you are an insured. (d) Arising out of his or her providing or failing to Your members, your partners, and their spouses provide professional health care services. are also Insureds, but only with respect to the If you are not in the business of providing conduct of your business, professional health care services, Paragraph (d) c. A limited liability company, you are an insured, does not apply to any nurse, emergency with Your members are also insureds, but only medical technician or paramedic employed by You to provide such services, respect to the conduct of your business. Your managers are insureds, but only with respect to (2) "Property damage"to property: their ditties as your managers, (a) Owned,occupied or used by, d. An organization other than a partnership, joint (b) Rented to, In the care,custody or control of, venture or limited liability company, you are an or over which physical control is being insured.Your"executive officers"and directors are exercised for any purpose by Insureds, but only with respect to their duties as you, any of your "employees", "volunteer your officers or directors. Your stockholders are workers", any partner or member (if you are a also insureds, but only with respect to their liability partnership or joint venture), or any member (if as stockholders, you are a limited liability company). e, A trust, you are an insured. Your trustees are also b. Real Estate Manager insureds, but only with respect to their dulles as An person other than our "sm to ee" or trustees, y p ( Y p y "volunteer worker"), or any organization while 2. Each of the following is also an Insured: acting as your real estate manager, a. Employees and Volunteer workers c. Temporary Custodians of Your Property Your "volunteer workers" only while performing Any person or organization having proper duties related to the conduct of your business, or temporary custody of your property if you die, but your"employees", other than either your "execuilvrr only. officers" (if you are an organization other than a partnership, joint venture or limited liability (1) With respect to liability arising out of the company) or your managers (if you are a limited maintenance or use of that property; and liability company), but only for acts within the scope (2) Until your legal representative has been of their employment by you or while performing appointed, duties related to the conduct of your business, it. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will 1-I0,00010605 Page 0of1[# ''....,. Policy#: 52UUNPX0936 have all your rights and duties under this Coverage S. Nor owned Watercraft Pan' With respect to watercraft you do not own that is less e. Unnamed Subsidiary than 51 feet long and Is not being used to carry Any subsidiary, and subsidiary thereof, of yours persons for a charge, any person is an insured while which is a legally Incorporated entity of which you operating such watercraft with your permission. Any own a financial interest of more than 50% of the other person or organization responsible for the voting stock on the effective date of the Coverage conduct of such person is also an insured, but only Part, with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any The insurance afforded herein for any subsidiary not named in this Coverage Part as a named kind is available to that person or organization for this insured does not apply to injury or damage with liability. respect to which an insured under this Coverage However, no person or organization is an insured with Part is also an insured under another policy or respect to: would be an insured under such policy but for its a. "Bodily injury" to a co-"employee, of the person termination or the exhaustion of its limits of operating the watercraft;or insurance, b. "Property damage"to property owned by, rented to, 3. Newly Acquired or Formed Organization in the charge of or occupied 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 G. Additional Insureds When Required By Written than 501. of the voting stock, will qualify as a Named Contract,Written Agreement Or Permit insured 'I there is no other similar insurance available The following person(s) or organizations) are an to that organization, However: additional insured when you have agreed, in a written a. Coverage under this provision is afforded only until contract, written agreement or because of a permit the 150th 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 orformed 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 if such person or organization is 4. Mobile Equipment included as an insured by an endorsement issued by With respect to "mobile equipment" registered in your us and made a part of this Coverage Part. name under any motor vehicle registration law, any a• Vendors person Is an insured white 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 is also an insured,but only with respect to which are distributed or sold in the regular course liability arising out of the operation of the equipment, of the vendor's business and only if this Coverage and only if no other Insurance of any kind is available Part provides coverage for "bodily injury" or to that person or organization for this liability. However, "property damage" included within the "products- no person or organization Is an insured with respect to: completed operations hazard". a. 'Bodily injury" to a co-"employee" of the person (1) The insurance afforded the vendor Is subicot 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 " of any person who is an insured under this O injury" or property damago° for which the vendor is obligated to pay provision. damages by reason of the assumption of (ability in a contract or agreement. This exclusion does riot apply io liability for damages that the vendor would have in the absence of the contract or agreement; Page 10 of-18 Ha 00 01106 05 Policy#: 52UUNPX6936 (b) Any express warranty unauthorized by you; c. Lessors of Land or Premises j (c) Any physical or chemical change in the Any person or organization from whom you lease product made intentionally by the vendor; land or premises, but only with respect to liability (d) Repackaging, except when unpacked solely arising out of the ownership, maintenance or use of for the purpose of inspection, demonstration, that part of the land or premises leased to you. testing, or the substitution of parts under With respect to lie insurance afforded these Instructions from the manufacturer, and then additional insureds the following additional repackaged in the original container; exclusions apply: (a) Any failure to make such inspections, . This Insurance does not apply to; adjustments,tests or servicing as the vendor 1. Any "occurrence" which takes place after you has agreed to make or normally undertakes cease to lease that land;or to make in the usual course of business, in connection with the distribution or sale of the 2. Structural alterations, now construction or products; demolition operations performed by or on behalf (f} Demonstration, installation, servicing or of such person or organization, repair operations, except such operations d. Architects,Engineers or Surveyors performed at the vendor's premises in Any architect, engineer, or surveyor, but only with connection with the sale of the product; respect to liability for "bodily injury", "property (g) Products which, after distribution or sale by damage" or "personal and advertising injury" you, have been labeled or.relabeled or used caused, in whole or in part, by your acts or as a container, part or ingredient of any omissions or the acts or omissions of ihose acting other thing or substance by or for the on your behalf: vendor;or (1) in connection with your premises;or (h) "Bodily Injury" or "property damage" arising (2) In the performance of your ongoing operations cut of the sole negligence of the vendor for performed by you or on your behalf, its awn 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", (1)The exceptions contained in Sub- i in ' d or "property damage' or "personal and advertising paragraphs O (�;or injury" arising out of the rendering of or the failure (ti) Such inspections, adjustments, tests or to rendor 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 with the distribution or sale of reports, surveys, field orders, change orders or the products, drawings and specifications;or (2) This insurance does not apply to any insured 2, Supervisory, inspection, architectural or person or organization,.from whom you have engineering activities. acquired such products, or any ingredient, part e. permits Issued D State Or Political or container, entering into, accompanying or Subdivisions y containing such products, I,. LossorsofEquipment Any state or political subdivision, but only with (1) Any person or organization from whom you respect to operations performed by you or on your behalf for which the state or political subdivision lease equipment; but only with respect to their has issued a permit. liability for "bodily injury", "property damage" or WilFr respect personal and advertising Injury" caused, in to the insurance afforded those wahole or in part,by your maintenance,operation additional insureds, this insurance does not apply or use of equipment teased to you by such to: person or organization. (1) 'Bodily injury", "property damage" or "personal (2) With respect to the insurance afforded to these and advertising injury" arising out of operations additional insureds this Insurance does not performed for the state or municipality;or apply to any "occurrence" which takes place (2) "Bodily injury" or "property damage" Included after the equipment lease expires, within the "products-completed operations hazard". j HG 00 01 06 65 Pogo 11 of 16 j i Policy#:52UUNPX0936 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 a. above, but 2. General Aggregate Limit only with respect to liability for "bodily Injury", The General Aggregate Limit is the most we will pay property damage° or "personal and advertising for the sum of: Injury" caused, in whole or in part, by your acts or 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 "property damage" (2) in connection with your premises owned by or included in the "products-completed operations rented to you;or hazard ,and 3 re connection with 'your �� c. Damages under Coverage B, ( ) your work and included 3. Products-Completed Operations Aggregate within the products-completed operations PLimit hazard", but only if The Products-Completed Operations Aggregate Limit (a) The written contract or agreement requires is the most we will pay under Coverage Afar damages you to provide such coverage to such because of "bodily injury" and "property damage" additional insured;and included in the "products-completed operations (b) This Coverage Part provides coverage for hazard". "bodily injury"or"properly damage" included R. 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 I3 With respect to the insurance afforded to these for the sum of all damages because of all "personal additional Insureds, this insurance does not apply and advertising Injury" sustained by any one person or to: organization, "Bodily injury", "property damage" or "personal and S. Each Occurrence Limit advertising injury"arlsing out of the rendering of, or Subject to 2, or 3,above, whichever applies, the Each the failure to render, any professional architectural, Occurrence Limit is the most we will pay for the sum engineering or surveying services,including: of: (1) The preparing, approving, or failing to prepare a. Damages under Coverage A;and or approve, maps, shop drawings, opinions, b. Medical expenses under Coverage C reports, surveys, field orders, change orders or because of all "bodily injury" " drawings and specifications;or y 1 ry property damage (2) :Supervisory, inspection, architectural or arising out of any one "occurrence", engineering activities, S. Damage To Premises Rented To You Limit Subject to S. above,the Damage To Premises Rented The limits of Insurance that apply to additional insureds To You Limit is the most we will pay under Coverage A under this provision is described in Section III —Limits for damages because of"property damage"to any one Of insurance. remises while rented to p you, or in the case of How this insurance applies when other insurance is damage by fire, lightning or explosion, white rented to available to the additional insured is described in the you or temporarily occupied by you with permission of Other Insurance Condition in Section IV—Commercial the owner. General Liability Conditions, in the case of damage by fire, lightning or explosion, No person or organization is an insured with respect laths the Damage to Premises Rented To You Limit applies conduct of any current or past partnership,joint venture or to all damage proximately caused by the same event, limited liability company that is not shown as a Named whether such damage results from fire, lightning or insured in the Declarations, explosion or an combination of these, SECTION' Ill—LIB ITS OF INSURANCE p y 1. The Most htdewill Pay 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the The limits of Insurance shown in the Declarations and most wo will pay under Coverage C for all medical the rules below fix the most we will pay regardless of expenses because of "bodily injury" sustained by any the number of; one person. a. Insureds; S. How Limits Apply To Additional Insureds b. 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 1B HQ 00 01 06 06 Policy#: 52UUNPX0936 added as an additional insured on your policy, the (3) Cooperate with us in the investigation or most we will pay on behalf of such additional insured Is settlement of the claim or defense against the the lesser of: "suit";and a. The limits of insurance specified in the written (4) Assist us, upon our request, In the enforcement of contract or 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 Such amount shall be a part of and not in addition to damage to which this insurance may also apply. Limits of Insurance shown In the Declarations and d. ObligatIons AtThe Insureds Own Cost described in this Section, No insured will, except at that Insured's own cost, The Limits of insurance of this Coverage Part apply voluntarily make a payment, assume any separately to each consecutive annual period and to any obligation, or incur any expense,other than for first remaining period of less than 12 months, starting with the aid, without our consent, beginning of the policy period shown in the Declarations, s. Additional insureds Other Insurance unless the policy period is extended after issuance for an If we cover a claim or "suit" under this Coverage additional period of less than 12 months. In that case,the Part that may also be covered by other insurance additional period will be deemed part of the last preceding available to an additional Insured, such additional period for purposes of determining the Limits of Insurance, insured must submit such,claim or "suit" to the SECTION IV — COMMERCIAL. GENERAL LIABILITY other insurer for defense and indemnity, CONDITIONS However, this provision does not apply to the 1. Bankruptcy, extent that you have agreed in a written contract or Bankruptcy or insolvency of the Insured or of the written agreement that this insurance is primary insured's estate will not relieve us of our obligations and non-contributory with the additional insured's under this Coverage Part. own Insurance, 2. Duties in The Event Of Occurrence,Offense,Claim f. Knowledge Of An Occurrence, Offense, Claim Or Suit Or Suit a. Notice Of Occurrence Or Offense Paragraphs a. and b, apply to you or to any additional insured only when such "occurrence", You or any additional Insured must see to it that we offense,claim or"suit"Is known to are notified as soon as practicable of an 9 occurrence O You or an or an offense which may result in a Y additional Insured that is an clalin.To the extent possible,notice should Include; individual; (1) How, when and where the "occurrence" or (2) Any partner, if you or an additional insured is a offense took place; partnership; (2) The names and addresses of any Injured (3) Any manager,if you or an additional insured is a persons and witnesses;and limited liability company; (3) The nature and location of any injury or damage (4) Any "executive officer' or insurance manager, if arising out of the"occurrence"or offense. you or an additional insured is a corporation; b. Notice Of Claim (5) Any trustee, if you or an additional insured is a If a claim is made or "suit" is brought against any trust;or insured,you or any additional insured must; (6) Any elected or appointed official, if you or an (1) Immediately record the specifios of the claim or additional insured is a political subdivision or "suit"and the date received;and public entity, (2) Notify us as soon as practicable, This duty applies separately to you and any additional insured. You or any additional insured must see to it that vie 3. Legat Action Against Us receive written notice of the claim or "suit" as soon as practicable. No person or organization has a right Linder this c, Assistance And Cooperation Of The Insured Coverage Part: a. To join us as a party or otherwise bring us into a You and any other involved insured must: "suit'asking for damages from an insured;or (1) Immediately send us copies of any demands, b. To sue us on this Coverage Part unless all of its notices, summonses or legal papers received in terms have been fully complied with. connection with the claim or"suit": A person or organization may sue us to recover on an (2} Authorize us to obtain records and ocher agreed settlement or on a final judgment against an information; insured; but we will not be liable for damages that are not payable under the terms of this Coverage Par( or EG 00 01 0605 Page 13 of'18 Policy 4:52UUNPX0936 that are in excess of the applicable limit of insurance. (7) When You Add Others As An Additional An agreed settlement means a settlement and release Insured To This Insurance of liability signed by us,the insured and the claimant or Any other insurance available to an additional the claimant's legal representative, insured. 4. Other Insurance However, the following provisions apply to other If other valid and collectible insurance is available to insurance available to any person or the insured for a loss we cover under Coverages A or organization who is an additional insured under B of this Coverage Part, our obligations are limited as this coverage part. follows: (a) Primary Insurance When Required By a. Primary Insurance Contract This insurance is primary except when Is. below This insurance is primary if you have agreed applies. If other Insurance is also primary, we will in a written contract or written agreement share with all that other insurance by the method that this insurance be primary. If other described in c.below, insurance is also primary, we will share with b. Excess Insurance all that other Insurance by the method This insurance is excess over any of the other described in c.below, insurance, whether primary, excess, contingent or (b) Primary And Non-Contributory To Other on any other basis: Insurance When Required By Contract (1) Your Work If you have agreed in a written contract, That is Fire, Extended Coverage, Builder's Risk, written agreement, or permit that this Installation _Risk or similar coverage for "your insurance is primary and non-contributory work" with the additional insureds own insurance, 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 tenant for "property damage" against any"suit" if any other insurer has a duty to to premises rented to you or temporarily defend the insured against that "suit". If no other occupied by you with pemrssion of the owner; insurer defends,we will undertake to do so, but we (4) Aircraft,Auto Or Watercraft will be entitled to the insured's rights against all _ those other Insurers. If the loss arises out of the maintenance or use When this insurance is excess over other of aircraft, "autos"or watercraft to the extent not Insurance,we will pay only our share of the amount subject to Exclusion g.of Section I - Coverage of the loss,if any, that exceeds the sum of: A - Bodily Injury And Property Damage Liability; (5) Property Damage to Borrowed Equipment Or (1) The total amount that all such ether insurance would pay for the toss in the absence of this Use Of Elevators insurance;and If the loss arises out of "property damage" to (2) The total of all deductible and self-insured borrowed equipment or The use of elevators to amounts under all that other insurance, the extent not subject to Exclusion 1. of Section I - Coverage A - Bodily Injury And Property We will share the remaining loss, if any, with any Damage Liability; other insurance that is not described in this Excess (r) When You Are Added As An Additional Insurance provision and was not bought specifically insured To Other Insurance to apply In excess of the Limits of Insurance shown, In the Declarations of This Coverage Pad. Any other insurance available to you covering c, Method Of Sharing ability for damages arising out of the premises or operations, or products and completed If all of the ocher insurance permits contribution by operations, for which you have been added as equal shares,we will follow this method also. Under an additional Insured by that insurance;or this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page t4 of 16 HG 00 01 06 06 Policy it:52UUNPX0936 If any of the other insurance does not permit insured will bring "suit"or transfer those rights to us contribution by equal shares, we will contribute by and help us enforce them, limits. Under this method, each Insurer's share is b, Waiver Of Rights Of Recovery (Waiver Of based on the ratio of Its applicable limit of Subrogation) insurance to the total applicable limits of Insurance of all insurers. f the insured has waived any rights of recovery S. Premium Audit against any person or organization for all or part of any payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Part, we also Part in accordance with our rules and rates, waive that right, provided the insured waived their b. Premium shown in this Coverage Part as advance rights of recovery against such person or 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 prior to the injury or damage, premium for that period and send notice to the first 9. When We Do Not Renew Named Insured. The due date for audit and If we decide not to renew this Coverage Part, we will .retrospective premiums is the date shown as the mail or deliver to the first Named Insured shown in the due date on the bill. If the sum of the advance and Declarations written notice of the nonronewal not toss audit premiums paid for the policy period Is greater than 36 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 malting will be sufficient c. The first Named Insured must keep records of the Proof of notice, information we need for premium computation, and SECTION V—DEFINITIONS send us copies at such times as we may request, 1. "Advertisement" means the widespread public 6. Representations dissemination of information or images that has the a. When You Acca t7hFs Policy purpose of Inducing the sale of goods, products or P y services through: By accepting this policy,you agree: a. (1) Radio; (1) The statements in the Declarations are accurate (2) Television; and complete; (3) Billboard; (2) Those statements are based upon representations you made to us;and (4) Magazine; (3) We have issued this policy In reliance upon your (6) Newspaper;or representations, b, Any other publication that is given widespread b. Unintentional Failure To Disclose Hazards public distribution, if unintentionally you should fail to disclose all However, "advertisement"does not Include: hazards relating to the conduct of your business o. The design, printed material, information or images that exist at the inception date of this Coverage contained In, on or upon the packaging or labeling Part, we shall not deny coverage under this of any goods or products;or Coverage Part because of such failure, b. An interactive conversation between or among 7. Separation Of Insureds persons through a computer network. Except with respect to the limits of Insurance, and any 2. "Advertising idea" means any idea for an rights or duties specifically assigned in this Coverage "advertisement". Part to the first Named Insured,this insurance applies; 3, "Asbestos hazard' means an exposure or threat of a. As if each Named Insured were the only Named exposure to the actual or alleged properties of Insured;and asbestos and includes the more presence of asbestos b. Separately to each insured against whom claim is in any form. made or"suit"is brought. 4, "Auto"ineaus a land motor vehicle,Trailer or semitrailer 9. 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", 5. "Bodily injury" means physical: If the insured has rights to recover all or part of any a, Injury; payment, including Supplementary Payments, we have made under this Coverage Part, those rights b. Sickness;or are transferred to us.The Insured must do nothing a Disease after loss to impair them. At our request, the sustained by a person and, if arising out of the above, mental anguish or death at any time, HG 00 01 06 05 Page 15 of 19 Policy#:52UUNPX0936 6. "Coverage territory"means: rented to you or temporarily occupied by you with a, The United States of America¢ncluding its territories permission of the owner is subject to the Damage and possessions),Puerto Rico and Canada; to Premises Rented To You Limit described in b. International waters or airspace, but only if the Section III—Limits of Insurance; injury or damage occurs in the course of travel or b. A sidetrack agreement; transportation between any places included in a. c. Any easement or license agreement, including an above; or easement or license agreement in connection with C. All other parts of the world if the injury or damage construction or demolition operations on or within arises out of: 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 (2) The activities of a person whose home is in the work for a municipality; territory described in a.above, but is away for a e. An elevator maintenance agreement; short time on your business;or f. That part of any other contract or agreement (3) "Personal and advertising injury" offenses that 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 pay damages is assume the tort liability of another party to pay for determined in he Untied States of America (including its bodily injury or property damage to a third p territories and possessions), Puerto Rico or Canada,in a erson or organization, provided the bodily injury "silt" on the media according to the substantive law in or property damage' is caused,in whole or in part, by you or by those acting on your behalf. Tort such territory or in a settlement weagreeto, liability means a liability that would be Imposed by 7. "Employee" includes a "leased worker". "Employee" law in the absence of any contract or agreement. does not Include a"temporary worker". Paragraph I. includes that part of any contract or B. "Employment-Related Practices"means: agreement that Indemnifies a railroad for "bodily a. Refusal to employ a person; Injury" or 'properly damage' arising out of b. Termination of a person's employment;or construction or demolition operations,within 50 feet of any railroad property and affecting any railroad c. Emptoyment-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 I.does not include that part of humiliation or discrimination directed at a person, any contract or agreement: 9. "Executive officer" means a person holding any of the at(t) That indemnifies an architect, engineer or officer positions created by your charter, constitution, That orfor injury or damage arising out by-laws or any other similar governing document, 110."Hostile fire"means one which becomes uncontrollable (a) Preparing, approving, or failing to prepare or or breaks out from where it was interred to be. approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders 11."Impaired property" means tangible property, other or drawings and specifications;or than "your product"or"your work",that cannot be used (b) Giving directions or instructions, or failing to or is less useful because: give them, if that is the primary cause of the a. It incorporates "your product" or"your work" that is injury or damage; or known or Thought to be detective, deficient, 2) Under which the insured, if an architect, engineer inadequate or dangerous; or or surveyor, assumes liability for an injury or b. You have failed to fulfill the terms of a contract or damage arising out of the insured's rendering or agreement; failure to render 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."Leased worker" means a person leased to you by a b. Your fulfilling the terms of the contract or agreement, labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to 52."Insured contract"means: the conduct of your business. "Leased worker" does a. A contract for a lease of premises. However, that not include a"temporary worker". portion of the contract for a lease of premises that 14."Loading or unloading"means the handling of property; Indemnifies any person or organization for damage a. After it is moved from the place where it is acceptor by fire, lightning or explosion to premises while for movement into or onto an aircraft, watercraft or "auto' Page'16 of'10 N G 00 01 06 05 Policy#:52UUNPX0936 b. While it 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 of the following offenses: device, other than a hand truck, that Is not attached to a. False arrest,detention or imprisonment; the aircraft,watercraft or"auto". b. Malicious prosecution; 15."Mobile equipment" means any of the following types c. The wrongful eviction from, wrongful entry into, or of land vehicles, Including any attached machinery or invasion of the right of private occupancy of a room, equipment: dwelling or premises that a person occupies, a. Bulldozers, farm machinery, forklifts and other committed'by or on behalf of its owner, landlord or vehicles designed for use principally off public lessor; roads; d. Oral, written or electronic publication of material b. Vehicles maintained for use solely on or next to that slanders or libels a person or organization or premises you own or rent; disparages a person's or organization's goods, c. Vehicles that travel on crawler treads; products or services; d. Vehiejes, whether self-propelled or not, maintained e. Oral, written or electronic publication of material primarily to provide mobility to permanently that violates a person's right of privacy; mounted: f. Copying, In your "advertisement", a person's or (1) Power cranes, shovels, loaders, diggers or organization's "advertising idea" or style of drills;or "advertisement"; (2) Road construction or resurfacing equipment g. Infringement of copyright, slogan, or title of any such as graders,scrapers or rollers; literary or artistic work,in your "advertisement";or e. Vehicles not described in a., b., c, or d. above that h. Discrimination or humiliation that results in injury to are not self-propelled and are maintained primarily the feelings or reputation of a natural person. to provide mobility to permanently attached 1 a."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, fighting and well reclaimed, servicing equipment;or 19."Products-completed operations hazard": (2) Cherry pickers and similar devices used to raise a. Includes all "bodily injury" and "property damage" or lower workers; occurring away from premises you awn or rent and f. Vehicles not described In a„ b., c. or d, above arising out of"your product"or"your work"except: maintained primarily for purposes other than the (1) Products that are still in your physical transportation of persons or cargo, possession;or However, self-propelled vehicles with the following (2) Work that has not yet been completed or types of permanently attached equipment are,not abandoned, However, "your work" will be "mobile equipment"but will be considered"autos": deemed completed at the earliest of the (1) Equipment, of at least 1,000 pounds gross following times: vehicle weight, designed primarily for: (a) When all of the work called for In your (a) Snow removal; contract has been completed. (b) Road maintenance, but not construction or (b) When all of the work to be done at the jab resurfacing;or site has been completed if your contract (c) Street cleaning; calls for work at more than one job site. (2) Cherry pickers and similar devices mounted on (c) When that part of the work done at a job site automobile or truck chassis and used to raise or has been put to its intended use by any person or organization other than another lower workers;and contractor or subcontractor working on the (3) Air compressors, pumps and generators, same project, including spraying, welding, building cleaning, Work [hat may need service, maintenance, geophysical exploration, lighting and well correction, repair or replacement, but which is servicing equipment. otherwise complete, will be treated as completed. I-IG 00 01 06 05 Page 17 of'I 3 Policy#: 52UUNPX0936 b. Does not include "bodily Injury" or "property 22."Temporary worker" means a person who is damage"arising out of: furnished to you to substitute for a permanent (1) The transportation of property, unless the "employee" on leave or to meet seasonal or short- injury or damage arises out of a condition in or term workload conditions, on a vehicle not owned or operated by you, 23."Volunteer worker"means a parson who and that condition was created by the"loading a. Is not your"employee"; or unloading"of that vehicle by any insured; b. Donates his or her work; (2) The existence of tools, uninsialled equipment or abandoned or unused materials;or c. Acts at the direction of and within the scope of (3) Products or operations for which the duties determined by you;and classification, listed in the Declarations or in a d. Is not paid a fee, salary or other compensation by policy schedule, states that products- you or anyone also for their work performed for completed operations are subject to the you. General Aggregate Lima, 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.AI such loss property, manufactured, sold, handled, of use shall be deemed to occur at the time of the distributed or disposed of by: physical injury that caused it;or (a) You; b. Loss of use of tangible property that is not (a) Others trading under your name;or physically Injured. All such lass of use shall be deemed to occur at the time of the "occurrence" (c) A person or organization whose business that caused it, or assets you have acquired;and As used in this definition, computerized or (2) Containers (other than vehicles), materials, electronically stored data, programs or software are parts or equipment furnished in connection not tangible property. Electronic data means with such goods or products. information,facts or programs: b. Includes a. Stored as or on; (1) Warranties or representations made at any b. Created or used on;or time with respect to the fitness, quality, c. Transmlttecitoorfrom; durability, performance or use of "your product";and computer software, including systems and applications software, hard or floppy disks, CD- (<^) The providing of or failure to provide warnings ROMS, tapes, drives, cells, data processing devices or instructions, or any other media which are used with electronically c. Does not Include vending machines or other controlled equipment. property rented to or located for the use of others 21."Suit" means a civil proceeding but not sold. p gin which damages because of "bodily injury", "property damage or 25."Yourviork"; "Personal and advertising injury" to which this a. Means; insurance applies are alleged. "Suit"includes: (1) Work or operations performed by you or on a. An arbitration proceeding in which such damages your behalf and are claimed and to which the insured must submit or does submit with our consent;or (2) Materials, parts or equipment furnished in connection with such work or operations. b. Any other alternative dispute resolution b, includes proceeding in which such damages are claimed and to which the insured submits with our 11) Warranties or representations made at any concern. time with respect Io the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions, j Page to of 1e NG QQ 01 os oa Policy#:52UUNPX0936 COMMERCIAL AUTOMOBILE HA 9916 0919 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "Insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your personal The Named Insured shown in the affairs. Declarations is amended to Include: C. Lessors as Insureds (1) Any legally incorporated subsidiary in Paragraph A.I. -WHO IS AN INSURED - of which you own more then 50% of the Section II - Liability Coverage is amended to voting stock on the effective date of the add: Coverage Form. However, the Named e. The lessor of a covered "auto"while the Insured does not Include any subsidiary "auto" is leased to you under a written that Is an "Insured" under any other agreement if: automobile policy, or would be an "Insured" under such a policy but for its (1) The agreement requires you to termination or the exhaustion of Its Limitprovide direct primary insurance for of insurance. the lessor and (2) Any organization that is acquired or (2) The"auto"Is leased without a driver. formed by you and over which you Such a leased "auto" will be considered a maintain majority ownership. However, covered "auto" you own and not a covered the Named Insured does not include any "auto"you hire. newly formed or acquired organization: D. Additional Insured If Required by Contract (a) That Is a partnership, joint venture (1) Paragraph Ai. -WHO IS AN INSURED or limited liability company - of Section li - Liability Coverage is (b) That is an 'insured" under any other amended to add: policy' f, When you have agreed, In a written (c) That has exhausted Its Limit of contract or written agreement, that a Insurance under any other policy,or person or organization be added as (d) 180 days or more after its an additional insured on your acquisition or formation by you, business auto policy,such person or unless you have given us notice of organization is an "Insured", but only the acquisition or formation, to the extent such person or Coverage does not apply to "bodily organization is liable for "bodily injury" or "property damage" that results injury"or "property damage" caused from an "accident" that occurred before by the conduct of an "insured"under you formed or acquired the organization. paragraphs a. or b, of Who Is An B. Employees as Insureds Insured with regard to the ownership, maintenance or Lisa of a Paragraph AA, -WHO iS AN INSURED -of covered "auto," SECTION II - LiABILITY COVERAGE is amended to add: g 2010,The Hartford(Includes copyrighted material Form HA 99 16 09,10 of iSO Properties, Inc., with its permission.) Page 1 of 5 i Policy#:52UUNPX0936 The insurance afforded to any such E. Primary and Non-Contributory If additional insured applies only If the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in I.D. - Additional (1) During the policy period,and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract,and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this Insurance be (2) How Limits Apply primary. if other insurance is also f you have agreed in a written contract primary, we will,share with all that other insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional Insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement;or additional insured's own insurance, this b The Limits of Insurance shown in insurance is primary and we will not ( ) seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4)do not apply to other in addition to Urnits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this Insurance is excess, we will have no duty to defend the insured against any "suit' if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional Insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance Is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance;and own Insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured Suit or Loss amounts under all that other insurance. Su IF it o have agreed (n a written contract We will share the remaining loss, if any, by the method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional Insured on your policy, the Any"auto"hired or rented by your"employee"on additional insured shell be required to your behalf and at your direction will be comply with the provisions In LOSS considered an "auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2010,The Hartford (Includes copyrighted material Form HA 99 16 09 '10 of ISO Properties, Inc.,with its permission.) Pane 2 of 5 Policy 4:52UUNPX0936 If an "employee's" personal insurance also 5, PHYSICAL DAMAGE ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph AA.a. of SECTION ill - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance, limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000, EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION 1€ - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "lass" to a insurance in-force covering all of your covered "auto", we will pay your additional legal employees', obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto"at the time of the "loss" Insurance, and the"outstanding balance"of the loan/tease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of"loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges;excess wear and fear charges; Coverages provided are extended to "autos"you lease termination fees; security deposits not hire or borrow,subject to the following limit. returned by the lessor; costs for extended The most we will pay for "loss" to any hired warranties, credit life insurance,health, accident "auto"is: or disability insurance purchased with the loan or lease; and carry-over balances from previous (1) $100,000; loans or teases. (2) The actual cash value of the damaged or 7. AiR3AG COVERAGE stolen property at the time of the"loss";or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION Iil - PHYSICAL DAMAGE damaged or stolen property, COVERAGE,the following Is added: whichever Is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned"auto"for that coverage. alrbag. No deductible applies to 'loss" caused by fire or g, ELECTRONIC EQUIPMENT - BROADENED lightning. Hired Auto Physical Damage coverage COVERAGE Is excess over any other collectible insurance. Subject to the above limit,deductible and excess The exceptions to Paragraphs B.4 provisions,we will provide coverage equal to the EXCLUSIONS - of SECTION III - PHYSICAL broadest coverage applicable to any covered DAMAGE COVERAGE are replaced by the "auto"you own. following: i We will also cover loss of use of the hired "auto" a.Exclusions 4.c, and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely by liable and the lessor incurs an actual flnanciaf use of the power from the "auto's" electrical toss, subject to a maximum of $1000 per system that, at the time of"loss",is: "accident". (1) Permanently installed in or upon the This extension of coverage does not apply to any covered "auto"; "auto" you hire or borrow from any of your (2) Removable from a housing unit which Is "employees", partners (if you are a partnership), permanently installed in or upon the members (if you are a limited liability company), covered"auto"; or members of their households. (3) An integral part of the same unit housing any electronic equipment described in Paragraphs a.and b, above;or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the j covered"auto's"operating system, O 2010,The Hartford(includes copyrighted material Form HA 99 ,16 09 10 of ISO Properties, inc.,with its permission.) Page 3 of 5 Policy#: 52UUNPX0936 b.$1,600 is the most we will pay for"loss"in any CLAIM, SUIT OR LOSS - of SECTION N - one "accident' to all electronic equipment that BUSINESS AUTO CONDITIONS that you must reproduces, receives or transmits audio,visual notify us of an "accident" applies only when the or data signals which,at the time of'loss",is: "accident"is known to: (1) Permanently installed In or upon the (1) You,if you are an individual; covered "auto" In a housing, opening or (2) A partner, if you are a partnership; other location that is not normally used by the "auto" manufacturer for the (3) A member, if you are a limited liability installation of such equipment; company;or (2) Removable from a permanently installed (4) An executive officer or Insurance manager,if housing unit as described In Paragraph you are a corporation, b.(1) above or is an Integral part of that 13, UNINTENTIONAL FAILURE TO DISCLOSE equipment;or HAZARDS (3) An integral part of such equipment. If you unintentionally fall to disclose any hazards a.For each covered "auto", should loss be existing at the Inception date of your policy, we limited to electronic equipment only, our will not deny coverage under this Coverage obligation to pay for, repair, return or replace Form because of such failure, damaged or stolen electronic equipment will 14. HIRED AUTO-COVERAGE TERRITORY be reduced by the applicable deductible shown Paragraph e. of GENERAL CONDITIONS 7, - in the Declarations, or $260, whichever POLICY PERIOD, COVERAGE TERRITORY - deductible is less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE-BROADENED COVERAGE CONDITIONS Is replaced by the following: Under Paragraph A.-COVERAGE-of SECTION e. For short-term hired "autos", the coverage III - PHYSICAL DAMAGE COVERAGE, we will territory with respect to Liability Coverage is pay for the expense of returning a stolen covered anywhere in the world provided that if the "auto"to you. "Insureds" responsibility to pay damages for 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE "bodily , injury" or "property damage" Is Under Paragraph D.•DEDUCTIBLE-of SECTION determined in a "suit,"the"suit" is brought in III - PHYSICAL DAMAGE COVERAGE, the the United States of America, the territories and possessions of the United States of following is added: America, Puerto Rico or Canada or in a No deductible applies to glass damage If the settlement we agree to. glass Is repaired rather than replaced. 15. WAIVER OF SUBROGATION 11. TWO OR MORE DEDUCTIBLES TRANSFER OF RIGHTS OF RECOVERY Under Paragraph D.-DEDUCTIBLE-of SECTION AGAINST OTHERS TO US - of SECTION IV - III - PHYSICAL DAMAGE COVERAGE, the BUSINESS AUTO CONDITIONS Is amended by following is added: adding the fallowing: If another Hartford Financial Services Group, We waive any right of recovery we may have Inc. company policy or coverage form that Is not against any person or organization with whom an automobile policy or coverage form applies to you have a wrftten contract that requires such the same"acc€dent",the following applies: waiver because of payments we make for (1) If the deductible under this Business Auto damages under this Coverage Form. Coverage Form is the smaller (or smallest) I6. RESULTANT MENTAL ANGUISH COVERAGE deductible, It will be waived; The definition of "bodily injury" in SECTION:-V- (2) If the deductible under this Business Auto DEFINITIONS is replaced by the following: Coverage Form is not the smaller (or "Bodilyu means bodilysickness or smallest)deductible, it will be reduced by the injury" amount of the smaller (or smallest) disease sustained any person, including deductible, mental anguish or death resulting from any of these. '12. AMENDED DUTIES IN THE EVENT OF 17. EXTENDED CANCELLATION CONDITION ACCIDENT, CLAIM, SUIT OR LOSS Paragraph 2. of the COMMON POLICY The requirement in LOSS CONDITIONS 2.a. - CONDITIONS - CANCELLATION - applies DUTIES IN THE EVENT OF ACCIDENT, except as follows: a 2010,The Hartford(Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc.,with its permission.) Page 4 of 5 i Policy#: 52UUNPX0936 If we cancel for any reason other than c.Regardless of the number of autos damaged nonpayment of premium, we will mail or deliver in any one 'loss", the most we will pay under to the first Named Insured written notice of this Hybrid Payment Coverage provision for cancellation at least 60 days before the effective any one"loss"is$10,000. date of cancellation. For the purposes of the coverage provision, 18. HYBRID PAYMENT COVERAGE a.A "non-hybrid" auto is defined as an auto that In the event of a total loss to a "non-hybrid"auto uses only an Internal combustion engine to for which Comprehensive, Specified Causes of move the auto. Loss, or Collision coverages are provided under b.A "hybrid" auto is defined as an auto with an this Coverage Form, then such Physical internal combustion engine and one or more Damage Coverages are amended as follows: electric motors; and that uses the internal a.if the auto is replaced with a "hybrid"auto, we combustion engine and one or more electric will pay an additional 10%, to a maximum of motors to move the auto, or the internal $2,500, of the "non-hybrid"auto's actual cash combustion engine to charge one or more value or replacement cost,whichever is less, electric motors,which move the auto. b.The auto most be replaced and a copy of a bill of sate or new lease agreement received by us within 60 calendar days of the date of°toss," I � I i i O 2010,The Hartford(includes copyrighted material Form HA 99 16 09 *10 of 180 Properties, Inc.,with Its permission,) Page 5 of 5 REQUEST FOR MAYOR'S AT ® T Please Fill in All Applicable Boxes t� F IAIR� e , �� efjwed by Director Originator's Name: Keliy Casteel Dept/Div. En ineering Extension: 5561 Date Sent: Date Required r�� ,�„dam_ Return to: Nancy Yoshitake CONTRACT TERiMINATION DATE: 12j31J15 VENDOR: Northwest Hydraulic DATE OF COUNCIL APPROVAL: N/A ' Consultants Inc. ' ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached Amendment No. 1 is necessary to extend the time of completion to December 31, 2015. Due to project priorities of other levee segments with grant funding, the County Road 8 Levee project has been put on hold. m, All Contracts Must Be Routed Through;The Lava Department ai F^*3 (This area to be completed by the law Department) ` Received: }{ f Approval of Law Dept.. Law Dept. Comments: I FDaterwarded to Mayor: . ] Shaded areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition., �,�f. � Date Returned: t tr Mick Dr "