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HomeMy WebLinkAboutPW11-071 - Amendment - #4 - Northwest Hydraulic Consultants, Inc. - SR 516 to S 231st Way Levee - 01/05/2015 ±4TOZ rr� a � � n KENT � 1 Jill Document WA9HINGTON i„•b 4}� h is fia' v�ul 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: ]D Edwards Number Contract Number: v,1 This is assigned by City Clerk's Office i Project Name: SR 516 to S. 231st Way Levee Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: ,y s_ Contract Effective Date: Date of the i '..�y 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: Toby Hallock 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 because the project is still under design. ---------------- --------- As of: 08/27/14 K� 0 T AMENDMENT NO. 4 NAME OF CONSULTANT OR VENDOR: Northwest Hydraulic Consultants Inc. CONTRACT NAME & PROJECT NUMBER: SR 516 to S. 231st Way Levee ORIGINAL AGREEMENT DATE: February 8. 2011 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: i The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2015 because the project is still under design. 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, $50,444.00 including applicable WSST Net Change by Previous Amendments $30,000.00 including applicable WSST Current Contract Amount $8O,444.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $80,444.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/11 (insert date) Revised Time for Completion under 12/31/14 prior Amendments (insert date) Add'I Days Required -(t)for this 365 calendar days Amendment Revised Time for Completion 12/31/15 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT�:: gf ° r By: _2 J (signature) 1 (signature) Print Name: .1a Print Name',:a$uzette Cooke Its Its _-_- Mayor (title) (title) DATE: t' .`t, ` " DATE: a I APPROVED AS TO FOR (applicable yf Mayor's sigyature req,i(ed) Kent Law Department NHC-5R 516 to 231"Amd 5(Hallock AMENDMENT - 2 OF 2 i NORTH34 OP ID: NN CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) ��... 1 0 612 612 01 4 ,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 - li REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed, if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER CONTACT Mike Griffith Griffith/Rush Drake Insurance NAME' PO Box 27167 wcoNN EKt_206.632_1433 arc No: 206-365-0699 12354 Lake City Way NE EMAIL - Seattle,WA 98125 ADDRESS:_-,_-._- Mike Griffith INSURER($)AFFORDING COVERAGE NAIC# _ wsuRERA:The Hartford Casualty Ins Co 29424 INSURED Northwest Hydraulic INSURER 8: Consultants,Inc. 16300 Christensen Rd#350 INsuRERc: Tukwila,WA 98188 INSURER o____ INSURERE: _ 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 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE N POLICY NUMBER MMc,)Y%Y IMWDD�Y LIMITS R A r COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR 52UUNZD9765 06/30/2014 06/30/2015 PREMISES Eaoceunenra 8 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLI ES PER: GENERAL AGGREGATE $ 2,000,000 a LOC PRODUCTS-COMP/OP AGO $ 2,000,000 POLICY HERO � OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGE IMIT $ 1,000,000 Ea acuidods A X ANY AUTO 52UUNZD9765 06/30/2014 06130/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident __ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE 52XHUZD8463 06/30/2014 06130/2016 AGGREGATE _ $ 5,000,000 DED X RETENTION$ 10,000 $ '.. WORKERS COMPENSATION AND EMPLOYERS'LIABILITY _ STATUTE X �RI{ _ A ANY PROPRIETORIPARTNERIEXECUTIVE nNfA 52UUNZD9765 06/30/2014 06/3012015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ASTOP GAP EL_DISEASE-EA EMPLOYEE $ 1,000,000 Ryes,describe F F E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION O OF OPERATIONS below j A Property Section 52UUNZD9765 1111112014 1611112015 BPP 1,609,800 i DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES(ACORO 101,Additional Remarks Schedule,may be attached h more space Is mqulredl The certificate holder is listed as primary non contributory additional insured as pertains to the work and services performed by the named insured only per form HG 00 Ol 06 05. II CERTIFICATE HOLDER CANCELLATION CITYKNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE t".It of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN j Y ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S Kent'WA 98032 AUTHORIZED REPRESENTATIVE 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 ACQDATE(MWDDNYYY) 1 CERTIFICATE OF LIABILITY INSURANCE I03f11f2014 ,S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS W CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY HE POLICIES BELOTHIS CERT F CERTIFICATE INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING NSURER(S)T AUTHOR ZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. CONTACT PRODUCER NAME: Griffith/Rush Drake Insurance PHONE (A/C,Noe: PO Box 27167 c eErl: 12354 Lake City Way NE E-MAa ADDRESS: Seattle,WA 98125 INSURER(S)AFFORDING COVERAGE NAICN Mike Griffith INSURER A:Evanston Insurance Company INSURED Northwest Hydraulic INSURER S: Consultants,Inc. INSURER C: 16300 Christensen Rd#350 Tukwila,WA 98188 INSURER INSURER E: j INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO ND CATED.CNOTIFY THAT THE TWITHSTANDING POLICIES REQUIREMENT, TERM LISTED R CONDITION OF ANY CONTRACT OR OTHER DOCUMENT HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE IT HE RESR THE PECT PECT TOLICY WHICH PERIOD HIS 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 DDL EU POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER MMIDD YV MM/DDIYYV GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence CLAIMSWADE ❑OCCUR MED EXP(An one person) PERSONAL a ADV INJURY GENERAL AGGREGATE $ SENT.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPtOP AGG PRO- $ POLICY LOG COMBINED SINGLE LIPdIT AUTOMOBILE LIABILITY Ea accldanl BODILY INJURY(Per person) $ ANY AUTO ALL OWNED SCHEDULED BODI LY INJURY(Per acdtlenit $ AUTOS NON-OWNED (PERTOS ACCIDENTERTY ) GE $ PER ACCIDEN HIRED AUTOS AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION $ WC STATU- OTH- WORKERS COMPENSATION T Y MIiS AND EMPLOYERS'LIABILITY YIN E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNERiEXECUTIVE❑ NIA OFFICERIMEMBER EXCLMEDP E.L.DISEASE-EA EMPLOYE $ (Mandatory in NH) d yes,deocdbeunder E.L.DISEASE-POLICY LIMIT DESCRW HON OF OPERATIONS below 2,000,OQO A Professional Lin AE823513 03l12l2014 03J72l2015 Occurance DEDUCTIBLE-$50,000 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach AGO RD IG,Additional Remarks Schedule,it more space is required) Those usual to the insured's operations. 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. Attn: Nancy Yoshitake 220 4th Ave S AUTHORIZED REPRESENTATIVE Kent,WA 98032 ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD II, , COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage, Read (2) The "bodily injury" or"property damage"occurs the entire policy 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.poilcy the words"you"and "your" refer to under Paragraph 1. of Section II —Who Is An the Named Insured shown in the Declarations;and any Insured and no"employee"authorized by you to other person or organization qualifying as a Named give or receive notice of an "occurrence" or Insured under this policy, The words"we", "us" and"our" claim, knew that the "bodily Injury' or "property refer to the stock Insurance company member of The damage" had occurred, in whole or in,part, If Hartford providing this Insurance, such a listed insured or authorized"employee" '` knewi prior to the policy period, i "bodily The word "insured" means any person oc.organlzat(on p Y p that , qualifying as such under Section Ii-W. 6 isA6.1nsured, Injury" or"property damage" occurred,then any continuation, change or resumption of such Other words and phrases that appear in quotation marks "bodily Injury" or "properly damage" during or have special meaning. Referto Section V,-pef;nitions.. after the policy period will be deemed to have SECTION I—COVERAGES been known priorlo the policy period, COVERAGE A BODILY INJURY AND PROPERTY c. "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 11—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 bur discretion, fnvest(gato any "occurrence" and "bodily injury" or "property damage" has settle any claim or"suit"that may result,Bull 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 nsurance;and damages claimed by any person or organization for care, loss of services or death resulting at any time (2) Our right and duly to defend. epds,:when we, from tho"bodily Injury". have used up the appllcabjaliml!of)gsuranus14n; 3, Incidental tfed(ca1 Malpractice the payment of judgments, orsattlementunder•_;, •. .,;,- Coverages A or B or medical'axpertses,u der i; ('t) "Bodily'injury" arlsing out of the rendering of or Coverage G. � _,`,_ failure to render professional health care No other obligation or liability to pay;aums..or services as a physician, dentist, nurse, emergency medical technician or paramedic perform acts or services is covered unless explicitly shall be deemed to be caused by an provided for under Supplementary Payments — °occurrence", but only if: Coverages A and B, (a) The physician, dentist, nurse, emergency b. This insurance applies to "bodily injury" and "property damage"only If: medical technician or paramedic is employed by you to provide such services; (1) The "bodily injury" or "property damage" is and caused by an "occurrence" that lakes*place in (b) You are not engaged in the business or the "coverage territory"; occupation of providing such services, I iG 00 01 0606 Page 1 of I 02005 The Hartford (Includes copydghied material of.Insurance Services Office, Inc.with its permission.) (2) For the purpose of determining the limits of d.. Workers'Compensation And Similar Laws insurance for Incidental medical malpractice, Any obligation of the Insured under a workers' any actor omission together with all related acts compensation,"disability benefits or unemployment or omissions In the furnishing of these services to any one person will be considered one compensation law or any similar law. "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 a. Expected Or Intended Injury . in the course of; "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. "iP'at "e n'ptoyee" " as a consequence of Is. Contractual Liability Paraorapl ('1 abpve{' . "Bodily Injury" or "property damage" for which the This exc(uslon,applles; , insured Is obligated to pay damages by reason of (1) Whether the insured may be liable as an the assumption of liability In a contract or employer or in any othercapachy;and agreement,This exclusion does not applyto liability (2) To any obligation to share damages with or for damages: repay someone else who must pay damages (1) That the Insured would have In the absence of because of the injury, the contract or agreement;or This exclusion does not apply to liability assumed " (2) Assumed In a contract or agreement that is an by the Insured under an"insured contract", "Insured contract",provided the "bodily injury"or I. pollution "property damage° occurs subsequent to the 1 ' or roe e° arising execution of the contract or agreement, Solely O "Bodily injury'M "property p rt damage' g out for the purposes of (lability assumed in an of the actual, alleged or threatened discharge, "insured contract',reasonableatiomeyfeesand 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"properly, 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 cast of,. insured,..However, this subparagraph does that party's defense has also been assumed not apply to; in the same "insured ccniracf";and (1) "Bodily injury" if sustained within a (b) Such attorney fees and Iitigailon expenses building and"caused by smoke, fumes,. are fordefense of that party against a civil or vapor or cool produced by or.origiriating alternative dispute resolution proceeding in from'equlpmant that is used to heat, cool which damages to 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 (11) "Bodily injury" or ';property damage" .for insured may be held liable by reason of: . which you may be held]table, if you are a (1) Causing orconlriburrtg lathe Intoxication of any contractor and the owner or lessee of person; such,premises, site or location has been (2) The furnishing of alcoholic beverages to a added to your policy as an additional person under-the legal drinking age or underthe insured with respect to your ongoing influence of alcohol;or operations performed for that additional Insured at that premises, site or location (s) Any Statute, ordinance or regulation relating to and such premises, site or location is not the sale, gill, distribution or use of alcoholic and never was owned or occupied by, or beverages, rented or loaned to, any insured, other This exclusion applies only if you are In the than that additional insured;or business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages, l Rage 2 of 18 FIG 00 01 06 0G (i11) "Bodily Injury" or "property damage" (a) At or from any premises, site or location on arising out of heat, smoke or fumes from which any insured or any contractors or a'hostile fire"; subcontractors working directly or Indirectly (b) At or from any premises, site or location on any Insured's behalf are performing which is or was at any time used by'or for operations if the operations are to test for, any insured or others for the handling, monitor, clean up, remove, contain, treat, storage,disposal,processing or treatment of detoxify or neutralize, or In any way respond waste;. I 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, siored, treated, disposed of, or (a) Request,- demand, order or statutory or processed as waste by or for: regulatory requirement that any insured or (i) Any insured;or others test for, monitor, clean up, remove, ((i} Any person or organization for whom you contain, treat, detoxify or neutralize, or in may be legally organirespozation sible: any way respond to,or assess the effects of, pollutants ,or (d) At or from any premises„,elfe or jooetloq.on•,, (b) Claim or. suit by or on behalf of a which any Insured.,Qr,pny� cootrac,(orrs_,gr_,, governmental , authority for damages subcontractors'wo izing dirt,t of 1 . ec ly ;;because of tasting for, monitoring, cleaning on any Insured's behalf"araeOG ortfilrg up, : removing; . containing, g treating operations if the "pollutants"ors l roughfon or to the premises, Shedetoxifying or.neutralizing, or in any way ,18r-Iecatfd -i; " connection with such ope5a4,one &y su"o1i'' " responding to, or assessing the effects of, Insured, contractor or 'rsubcontrac WL However, this subparagraph does not apply",' However, this. paragraph does not apply to to; liability for damages because of "property 'Bodily Injury" or "proper_ dama e damage" that the insured would have in the O y g " absence .of such request, demand, order or arising out of the, escape of fuels, statutory or regulatory requirement, or such lubricants or other operating fluids which claim or"suit'byor on behalf of a governmental are needed to perform the normal authority, electrical, hydraulic or mechanical functions necessary for the operation of g• Aircraft;Auto Or Waterctaft "mobile equlomeni" or its parts, if such "Bodily injury" or "properly damage" arising out of fuels, lubricants or ether 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", fnjury"or"property damage"arises out of This exclusion applies even Jf the•claims against the inienilonal 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 "bodily injury" or brought on or to the premises, site or "property damage"' Involved the ownership, location with the intent that they be maintenance, use or entrustment to others of any discharged,dispersed or released as part aircraft, "auto" or watercraft that Is owned or of the operations being performed by operated by or rented or loaned io any insured such Insured; contractor or This exclusion does not apply to; subcontractor, PP Y (11) "Bodily injury" or "properly damage" (1) A watercraft while ashore on premises you own sustained within a.building aqd caused,.; or rent, by the release of gases,fumg�or vapa(s (2) R watercraft you do not own that is; from materials brought info that building (a) Less than tit feet long; and In oonnectiort with 'ope'rat1dhs' -0r@ (b} Not being used to carry persons for a performed by you or oil your behalf;by.a charge; contractor or subcontractor;or (iii) "Bodily injury" or "property damage" (3) Parking an "agto" on, or on the ways next to, arising ou of heat, smoka 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; HO 00 01 os 05 Page 3 of Is (4) Liability assumed under any "insured contract" working directly or indirectly on your behalf are for the ownership, maintenance or use of performing operations, if the "property damage" aircraft or watercraft; . arises out of those operations;or (5) "Bodily injury" or "property damage" arising out {"s} That particular part of any property that must be of the operation of any of the equipment listed in restored, repaired or replaced because "your Paragraph f.(2) or f.(3) of the .definition of work"was incorrectly performed on it. "mobile equipment";or Paragraphs (1), (3)and (4)of this exclusion do not (6) An aircraft that is not owned by any insured and apply to "property damage" (other than damage by Is 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 othdr 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 (a) and (4) of this exclusion do not "auto"owned oroperated by or rented or loaned apply to"property damage"arising from the use of to any Insured;or elevators. (2} The use of 'mobile equipman�' in, or while in Paragraphs(3), (4), (5)and (6)oflhis'excluslon 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 1. War apply to"property damage"to borrowed equipment "Bodily injury" or "property damago", however while not being used to perform operations at the job site, caused,arising,directly or indirectly,out of: Paragraph (6) of this exclusion does not apply io (1) War,including undeclared or civil war; "property damage" included In the "products- (2) Warlike action by a military force, Including completed operations hazard". action in hindering or defending against an k. Damage To Your Product actual or expected attack, by any government, sovereign or other authority using military Property damage' to"your product arising out of it personnel or other agents;or " or any part of It. (3)' Insurreotion, rebellion, revolution, usurped 1. Damage Ta 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. completedpperations hazard". j, Damage To Property This exclusion does not apply if the damaged work "Propertydamage"io: or the work out of which the damage arises was ( ) Property you own,rent,or occupy, including any 1 perormedon your behalf by a subcon:raotor, 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 "Properly damage" to "impaired properly" or maintenance of such property for any reason, properly that has not been physically injured, including prevention of Injury to. a person or arising out of, damage to another's property; (1) A defect, deficiency, inadequacy or dangerous (2) Premises you sell, give away or abandon, if the Perdition in"your product"or"your work';or "property damage" arises out of any part of (2) A delay or faliure by you or anyone acting on those premises; your behalf to perform-ek contract or agreement (a) 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 of of the insured; other properly arising out of 'sudden and accidental (5) That particular part of real property on whkh physical injury to"your product" or"your work" after you or any contractors or subcontractors it has been put to its intended use. Page 4 of 18 HGoo 01 06 05 n, Recall Of Products, Work Or impaired kind to persons or property which would not Property have occurred in whole or in part but for the Damages claimed for any loss, cost or expense "asbestos hazard"; Incurred by you or others for the loss of use, (b) 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, monlior, 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 6ecause of a known or suspected up, removing, encapsulating, containing, - defect, deficiency, Inadequacy or dangerous treating, defoxifying 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 Exciusions c.through h.and j.through n.do.not apply to damage by fire, lightning or explosion to premises Damages arlsing out of the,loss uzf,'foss;of,u's_e of; while rented to you or temporarily occupied byyou with damage to, corruption of, :in&bllitjGrfo>;acx;w permission of the owner. A separate limit of insurance Inability to manipulate eleotronlo data, applies 4o.thle,;covarage as described in Section IIi — As used in this exclusion, eloctronlo!:dsta.means . Limits Of Insurance. Information, facts or programs stored aa;,or.op,...: COVERAGE B PERSONAL. AND ADVERTISING created or used on, or transmMed.,4o,or.'from , INJURY LIABILITY computer software, including.. systems and applications software, hard or floppy disks, CD- 1, Insuring Agreement ROMS, tapes, drives, cells, data processing R. 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 electronicaliy 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 not apply. We may, at that person as a consequence of"bodily injury" our discretion, investigate any offense and settle to that person at whom any employment- any claim or"suit"that may result.But; related practices"are directed. (1) The amount we will pay for damages is limited This exclusion applies; as described in Section IiI — Limits Of (1) Whether the insured may be liable as an Insurance;and employer or in any.oiher capacity;and (2) Our right and duty 10 defend and when we have used up the applicable limit of insurance in the repay someone else who must pay'' amtgE§" (2) any obligation to share damages with o payment of judgments or settlements under re because ofthe injury. Coverages A or B or medical expenses under Coverage C. r. Asbestos No other obligation or liability to pay sums or (1) "Bodily injury" or"property damage" arising out perform acts or servlces is covered unless explicitly of the"asbestos hazard", provided for under Supplementary Payments — (2) Any damages, judgments, asttlemenis, loss, Coverages A and B. costs or expenses that: b. This insurance applies to*"personal and advertising (a) May be awarded or Incurred by reason of injury" caused by ail offense arlsing out of your any claim or suit alleging actual or business"but only if the offense was committed in threatened Injury or damage of any nature or , the "coverage territory"during the policy period. HG 00 01 06 o5 Pages of 18 i 2. Exclusions (2) Slogan, unless the slogan is also a trademark, This insurance does not apply to: trade name,,service mark or other designation a, Knowing Violation Of Rights Of Another of origin or authenticity;or "Personal and advertising injury" arising,outof an (3) Title of any literary or artistic work. oflanse committed by, at the direction, or with the 5 Insureds In Media And Internet Type consent or acquiescence of the insured with the Businesses expectation of inflicting "personal and advertising "Personal and advoHaing injury" committed by an injury", insured whose fusiness 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 falsify. (3) An Internet search, access, content or service to. 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 malarial whose Paragraphs 17.a,, It. and c, of "persona] 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, Ik. 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 applyto liability control. for damages that the Insured would have in the I. Unauthorized Use Of Another's Name Or absence of the contract or agreement. Product f. Breach Of Contract "Personal and advertising injury" arising out of the "Personal and advertising injury" arising out of a unauthorized use of another's name or product In breach'of contract, eXcopt an implied'contraoi to use your e-malt address, domain name or metaiags, or, another's"advertising(dea"in your"advertisement". any other similar tactics to mislead anthers g. Quality Or Performance Of Goads —Failure To potential customers, Conform To Statements ro. Pollution "Personal and advertising Injury" arising out of the e'm&hal and advertising injury" arising out of the failure of goods, products or services to confierm actual','alleged or threatened discharge, dispersal, with any statement of quality or performance made eeepago,. 'migtatton, refease or ' escape of in your"advertisement", "pollutants at any time, h. Wrong Description Of Prices n. Pol(ution-Related "Personal and advertising injury" arising out of the Any loss,coal br expense arising out of any; wrong description of the price of goods,products or (1) Request, demand, order or statutory or services, regulatory requirement Thai any Insured or 1. Infringement Of intellectual Property Rights. others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any "Personal and advertising injury" arising out of any way respond to, or assess the effects of, violation of any intellectual property rights such as "pollutants";or copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin (2) Claim or salt by or on behalf of a governmental or authenticity, authority for damages because of testing for, monitoring, cleaning up, removing, containing, However, this exclusion dogs not apply to treating,' detoxifying or neutralizing, or In any infringement, in your"advertisemont", of: way responding to, or assessing the affects of, (1) Copyright; "pollutants". Page 6 of 18 HG 00 01 06 05 o. War (2) The spouse, child, parent, brother or sister of "Personal and advertising injury", however caused, that person as a consequence of!personal and arising,directly or indirectly,out 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 liable as an actual or expected attack, by any government, employer or In any other capacity;and sovereign or other authority using military (2) To any obligation to share damages with or personnel or other agents;or repay someone else who must pay damages (3) Insurrection, rebellion, revolution, usurped power, because of the Injury. or action taken by governmental authority. In V. Asbestos hindering or defending against any of these, (1) "Personal and advertising injury" arising out of p. InternetAdvertisements And Content Of Others the"asbestos hazard", "Personal and advertising injury"arising out of: (2) Any damages, judgments, settlements, loss, (1) An"advertisement"for others on your web site; costs or expenses that; (2) Placing a Ilnk,to a web sHe.ofothers on your (a) May be awarded or incurred by reason of 'I web site; any claim or suit alleging actual or (3) Content, Including infoYmailon, sounds, text, thre atoned 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.ycur web have occurred in whole or in pars 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 (b) The presentation or functigrs.iiy 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 afte. or q. Right Of privacy Created By Statute' (c) Arlso 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, deioxlfying or neutralizing or In any way responding to or assessing the effects However, this exclusion does not apply to liability of an"asbestos hazard", for damages that the Insured would have in the COVERAGE C MEDICAL PAYMENTS absence of such stale or federal act, P. Violation Of Anii-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 later, 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 ucivaiion In price or value of any stocks, bonds or (3) Because of your operations; other securities, provided that: i. Discrimination OP Hum illation (1) The accident takes place in the "coverage "Personal and advertising Injury" arising out of territory"and during iho policy period; discrimination or hunlllation committed by or at the (2) The expenses are incurred and reported to us direction of any "executive offloer", director, within three years of the date of the accident; stockholder,partner orm ember,of the,Insured, and u. Employment-Related Practfaes 'clnas:e (g) .The;injured person submits to examination, at "Personal andedvertising Injury'tot our expense, by physicians of our choice as (1) A person arising out of any "emp'loynem often as we reasonably require,. related practices';or HG oo o1 os o5 Page 7 of 18 i 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 f, Prejudgment interest awarded against the insured of insurance.We will pay reasonable expenses for on that part of the judgment we pay, If we make an (1) First aid administered at the time of an accident; offer to pay the applicable limit of insurance,we will (2) Necessary medical, sung foal, x-ray and dental not pay any prejudgment interest based on that services,including prosthetic devices;and period of time aflerthe 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"; unit 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-.qf 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,condjtlon-,q are met: c, injury On Normally occupied Premises a. The "suit";againstthe indemnitee seeks damages for which the insured has assumed the'liability of To a person injured on that part of promises you the Indemnitee in a contract or agreement that is an . own or rent that the person normally occupies, "insured contract"; I d. Workers Compensation And Similar Laws b, This insurance applies to such liability assumed by To a person, whether or not an "employee" of any the Insured;' insured,if benefits for the "bocilly injury" are payable G. 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 disablliiy 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 andthe interests of the indemnitee; f. Products-Completed Operations Hazard e. The indemnitee and the insured ask us to conduct Included within the "products-completed operations and control the defense of that indemnitee against hazard", such"suit" and agree that we can assign the same counsel to defend the insured and the indomnllea; U. Coverage A Exclusions and Excluded under Coverage A, f,. The Indemnitee: SUPPLEMENTARY PAYMENTS — COVERAGES (1) Agrees in writing to: A AND B (a) Cooperate- with us in the Investigation, 1. We will pay,with respect to any claim we investigate or settlement orr defense of the"suii"; 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 "suft because of accidents or traffic lawvlalaficns arising (c) Notify any other Insurer whose coverage is out of the use of any vehicle to which the Bodily available to the indemnitee;and Injury Llability Coverage applies. We do not have (d) Cooperate with us .with respect to to furnish these bonds, coordinating other applicable insurance c. The cost of appeal bonds or bonds to release avallable 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 $600 a day because of time of So long as the above conditions are met, attornoys' from work. fees incurred by us In the defense of that indemnitee, Page 8 of 18 PIG 00 01 06 05 it necessary litigation expenses Incurred by us and However, none of these "employees"or"volunteer necessary litigation expenses incurred by the workers"are insureds for: indemnhee at our request will be paid as (1) "Bodily injury" or "personal and advertising Supplementary Payments. Notwithstanding the injury": provisions of Paragraph 2.b.(2) of Section I —Coverage A — Bodily Injury And Property Damage (a) To you; r to your partners or members (if you Liability, such payments will not be deemed to be are a partnership Joint venture}, ( your members (if you are a limited liability damages for bodily Injury' and properly damage and company), to a co-'employea" while in the will bot reduce the limits of insurance, course of his or her employment or Our obligation to defend an insured's indemnitea 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 Fu 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 Is. 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 II—WHO IS AN INSURED (c) For which there is any obligation to share 1. If you are designated In the Declarations as: damages with or repay someone else who must pay damages because of the injury a. An individual, you and your spouse are Insureds, described In Paragraphs(1)(a) or (b)above;" but only with respect to the conduct of a business or of which you are the sole owner, (d) Arising out of his or her providing or failing to b. A partnership orjolnt venture, you are an Insured, provide professional health care setvlces, Your members, your partners, and their spouses_ if you are not in the business of providing are also Insureds, but only with respect to the professional health care services, Paragraph (d) eonduciofyourbus(ness. does 'not apply to any nurse, emergency c, A limited liability company, you;are.an insured... medical technician or paramedic employed by Your members are also insureds;' bu)_only,with you to provide such services, respect to the conduct of your 6OsId6es, Your (2) "Property damage°to properly; managers are insureds, but onV',Pith respect to their duties 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 vAth 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 IIalithy partnership or joint venture), or any member (if as stockholders, you are a limited liability company), e. A trust, you are an insured. Your trustees are also b, Real Estate Manager insureds, but only with respect to their duties as „ trustees, Any person (other than your employes or 2. Eachtrustees, stiho following is also an Insured; volunteer worker"), or any organization while of 9 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"ernploycoa', other than either your"executive only: officers" (if you are an organization other than a (1) With respect to liability arising out of the partnership, joint venture or limited liability maintenance or use of that properly;and company) or your managers (if you are a limited liability company), but only for acts within the scope (2) Until your legal representative has been of their employment by you or while performing appointed. duties related to the conduct of your business, d. Legal Representative If You Die Your legal representative If you die, but only with respect to duties as such. That representative will HQ 00 01 06 05 Page 9 of 19 have all your rights and duties underthls Coverage S. Nonowned Watercraft Part' With respect to watercraft you do not own that is less e. Unnamed Subsidiary than 51 feet long and is not being used to carry Any subsidiary, and subsidiary thereof, of yours persons for a charge, any person is an insured while which is a legally incorporated enfify of which you operating such watercrad with your permission. Any own a financial Interest of more than 60°! 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 lability, 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 respegtio:.;, would be an Insured under such policy but for its a. "Bodily Injurysi tar d oo-"employee" of the person termination or the exhaustion. of its limits of operating th"aletcrafl;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 j 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 60% of the voting stock, will qualify as a Named Contract,Written Agreement Or Permit Insured if there Is no other similar insurance available -Ina following person(s) or organization(s) are an to that organization. However: additional Insured when you have agreed, In a written a. Coverage under this provision is afforded only until contract, written agreement or because of a permit the 180th day after you acquire or form the issued by a state or political subdivision, that such organization or the end of,the policy period, person or organization be added as an 'additional whichever is earlier; insured on your policy, provided the injury or damage b. Coverage A does not apply to '.'bodily injury" or occurs subsequent to the execution of the contract or "property damage" that occurred before you agreement. acquired or formed the organization;and A person or organization Is an additional insured under c. Coverage B does 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 while driving such equipment Any person(s)or organizailon(s) (referred to below along a public highway with your permission.Any other as vendor), but only with respect to "bodily injury" Person or organization responsible for the conduct of or"property damage" arising out of "your products" such person is also an insured,but only with respect is which are distributed or sold in the regular course liability arising out of the operation of the equipment, of the vendors 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 operatlonahazard". a. "Bodily injury" to a,co-"employee" of the person (1) 1 he insurance afforded the vendor Is subjcot 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 orthe employer (a) "Bodily injury" or "properly damage" for of any 'person who is an insured under this which the vendor is obligated to pay provision. damages by reason of the assumption of liability in a contract or agreement.. This exclusion does not apply to liability for damages that the vendor would have In the absence of the contract or agreement; Page 10 of 18 HG 00 01 06 05 (b) Any express warranty unautharlgpd,by.yoy;. c. Lessors of Land or Premises (c) Any physical or chemical change<in :th'si sd'; Any person or organization from whom you lease product made intentionally bythevendor; land or premises, but only with respect to liability (d) Repackaging, except when unpacked solely arising out of the ownership, maintenance or use of for the purpose of Inspection,demonstration, that part of the land or premises leased to you, testing, or the substitution of parts under With respect to the insurance afforded these Instructions from the manufacturer, and then additional insureds the following additional repackaged in the original container; exclusions apply: (a) Any failure to make such Inspections, This insurance does not apply to: adjustments,tests or servicing as the vendor 1. Any "occurrence" which, takes place after you has agreed to make or normally undertakes cease to lease that land;or to make in the usual course of business, in 2, Structural alterations, new construction or connection with the distribution or sale of the demolition operations performed b or on behalf products; of such person or organization. y (f) Demonstration, installation, servicing or d. Architects,Engineers or Surveyors repair operations, except such operations performed at the vendor's premises In Any architect, engineer, or surveyor, but only with connection with the sale ofthq;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 of in part, by your acts or as a container, part or ingredient of any omissions or the acts or omissions of those acting other thing or substance by or for the on your behalf: vendor;or (1) In connection with your premises;or (h),'Bodily injury" or "property damage" arising (2) In the performance of your ongoing operations out of the sole negligence of the vendor for performed by you or on your behalf, Bs own acts or omissions or those of ifs 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 excluslonapplies: apply to: This insurance does not apply to "bodily injury", (I)The exceptions contained' in Sub- "property damage" or "personal and advertising paragraphs(d)or('f);or injury"arising out of the rendering of or the failure (il) Such Inspections, adjustments, tests or to render any professional services by or for you, servicing'as the vendor has agreed to Including: make or normally underlakes,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 rho 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, parte, permits Issued By State or Pol(tical or container, entering into, accompanying or Subdivisions containing such products, b. Lessors of Equipment Any state or political subdivision, but only with (1) Any person respect to operafions performed by you or on your or. organization from whom you lease equipment; but only with respect to their behalf for which the state or political subdivision has issued a permit. IiabilH for "bodily injury", " p y y property carnage or Wiih respect to the insurance afforded these- hole or In part, by your maintenance, operation nal and advertising injury" caused, In additional Insureds, this insurance does not apply whole or use of oquiprnent leased to you by.such to: person or organization, (1) "Bodily injury", "properly damage" or "personal (2) With respect to the insurance afforded to these and advertlsing 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 expless, within the "products-completed operations hazard". HG 00 01 06 05 Page it of 18 i , I f. Any Other Party 6. Persons or organizations making claims or bringing Any other person or organization who is not an "suits". Insured under Paragraphs a.through e, above, but 2. General Aggregate Limit 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; njury" caused, In whole or in part, by your acts or omissions or the ants 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 ofyourpngoingoperations; because of "body Injury or 'property damage" 2 In connection with our rern(se§ owned b or included, in..the ,"products-completed. operations O Y p Y hazard and rented to you;or c. Damages under,Coverage B. (3) In connection with "your work" and fncluded I within the "products-completed operaforist, 3. Prodt3'InferCb'mplefgd'Operations Aggregate Limit hazard", but only If The.Products-G"dMbfefed'Operations Aggregate, Limit (a) The written contract or agreement requires Is the most we Will payoodcir.Coverage A for"damages you to provide such coverage to such because of "bodily.;ihjury' and "property damage" additional insured;and included in the "products-completed operations (b) This Coverage.Part provides coverage for hazard". "bodily Injury"or"property damage" included 4. Personal and Advertising Injury Limit Within the "products-completed operations Subject to 2, above, the Personal and Advertising hazard'. injury Limit is the most we will pay under Coverage B With respect to the insurance afforded to these for the sum of all damages because of all "personal additional Insureds, this insurance does not apply and advertising injury"sustained by any one person or to: organization, "Bodily injury", "property damage" or"parsonal and 5. Each Occurrence Limit advertising injury"arising out of the rendering of, or Subject to 2. or 3,above, whichever applies, the Each the failure to render,any professional architectural, Occurrence Limit is the most we will pay for the sum enginearingor surveying servicas,Including: of; (1) The preparing, approving, or falling to prepare a. Damages under Coverage A;and or approve, maps, shop drawings, opinions, b. Medical expenses under Coverage C reports, surveys,.fleld orders, change orders or because of all "bodily Injury" and "property damage" drawings and specifications;or arising out any one"occurrence". {2}:Supetvlsory, Inspection, architectural of engineering activities. 6. Damage To Premises Rented To You Limit " Subject to,S. above,,the.Damage To Premises Rented The Itmits of insurance that apply to additional Insureds To You Limit is the most we will pay under Coverage A under'his provision is described in Section UI—Limits for damages because of"property damage"to any one Of Ills urance. premises, while rented to you, or In the case of How this insurance applies when other insurance Is damage by fire, lightning or explosion, while rented to available to the.additional Insured is described In the you or temporarily occupied by you with permission of Other Insurance Condition In Section IV—Commercial .the owner. ' General Liability Conditions, In the case of damage 6y fire, lightning or explosion, No person or organlzatlon is an insured with respect to the the Damage to Premises Rented To You Limit applies conduct of any current or past partnership,joint venture or to all damage proximately caused by the same event, limited liability company that is not shown as a Nomed whether such damage results from fire, lightning or Insured in the Declarations, explosion or any combfnationofthese. " SECTION III—LIMITS OF;NSUP,'—NCE 7. Modica!Expense Limit 1. The Most We will Pay Subject to 5, above, the Medical Expense Limit Is the The Limits of Insurance shown in the Declarations and most we will pay under Coverage C for all medico) the rules below fix the most we will pay regardless of expenses because of "bodily injury" sustained by any the number at one person. a. Insureds; 8. How Limits Apply To Additional Insureds b. Claims made or"suits"brought; or If you have agreed in a wd ten contract or written agreement that another person or organization be - Page 12 of 18 - HG 00 01 66 05 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 contractor 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, Urnits 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, e. Additional Insureds Other insurance unless the policy period is extended after issuance for an If we cover a claim or "suit" under this Coverage additional period of less than 12 months. in that case,the Part that may also be covered by other insurance additional period will be deemed part of the last preceding available to an additional insured, such additional period for purposes of determining the Qmifs:of Insurance, insured must submit such claim or "suit" to the SECTION IV — COMMERCIAL GENERAL LIADILITI 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 o"o�" written"a reement,that. this Insurance Is primary Bankruptcy or.thpolvency of ihe.lttsured or,of the 9 R P y insured's estate wil[Potrelieve us of our obligations and non-oordr(butory.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 costa h that we offense,claim or"suit"is known to: are notified as soon as .practicable of an - 1 O y You or an additional insured that Is an occurrence. or an offense which may result in a individual; claim.To the extent possible,notice should Include: (1) How, when and where the "occurrence" or (2) Any partner, if you or an additional insured Is a offensatook place; partnership; '(2) The names and addresses of any injured (a) Any manager, if you or an additional insured is a persons and wifnesses;,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,'spee:f(bs b�' e brim b ' additional insured is a political subdivision or "suit"and the date recolvs'drarld _ ' ' u t uu public entity, (2) Notify us as soon as ract(eabls This duty applies separately to you and any additional fy p �e q (rimed. You or any additional insured must see to It that,we 3, Legal Action Against Us receive written notloe of the claim or sult as soon as practicable. No person or organization has a right under this Coverage Part: a Assistance And Cooperation Of The insured You and an other Involved insured must:' a. 4s Join kI as a party or fromotherwise bring us Into a y 'suit asking for damages fromaninsured;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"; p A person or organization may sue us to recover on an (2) Authorize us to obtain records and other agreed settlement or on a final judgment against an Information; Insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 01 06 05 Page 13 of 18 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 10 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.ace limited as this coverage part. follows: (a) Primary Insurance When Required By a, Primary Insurance Contract This insurance Is primary except when b. below n�Thls insurance is primary if you have agreed applies. If other Insurance is also primary, we will 9 rin a,wditen contractor written agreement share with all that other insurance by the method thavrlhis,<insurance be 'primary, If other described In o. below, insurance is also primary,we will share with Jr. Excess Insurance all that other insurance by the method described in c.below. This insurance Is excess over any of the other (b} Primary And Non-Contributory To Other insurance, whether primary, excess, contingent or on anyother basis: Insurance Wherr Required By Contract (1) Your Work If you have agreed in a written contract, written agreement, or permit that this j That is Fire, Extended Coverage, Builder's Risk, insurance is primary and non-contributory Installation Risk or similar coverage for "your with the additional insured's own insurance, f work"; I this insurance is primary and we will not (2) Premises Rented To You seek contribution from that other insurance. That is fire, lightning or explosion Insurance for paragraphs (a) and (b) do not apply to other premises rented to you or temporarily occupied Insurance to which the additional insured has byyou with permission of the owner _ been added as an additional insured. (3) TenantLlabllity When this insurance is excess, we will have no That is insurance purchased by you to cover duty under Coverages A or B to defend the insured your liability as a tenant for "property damage" against any'suit' If any other insurer has a duty to to premises rented to you or temporarily defend the Insured against that "suit', If no other occupied by you with permission of the owner; insurer defends,we will undertake to do so, but we A Aircraft,Auto Or Watercraft will be entitled to the insureds rights against all O those other Insurers. If the loss arises out of the maintenance or use When this insurance. is excess over other of aircraft, "autos"or watercraft to fhe extent not Insurance,we will pay onlyour share of the amount subject to Exclusion g. of Section i —Coverage of the loss,if any,tnat`exceeds the sum of: A—Bodily Injury And Property Damage Lability; (1) The total amount that all such other insurance (5) Property Daruageto Borrowed Equipment Or would:pay for the loss in the absence of this Use Of Elevators insurance;and If the loss arises out of "property damage" to (2) The total of all deductible and self-Insured borrowed equipment or usa of elevators to amounts under all that other insurance. the extent not subject to Exclusion J, of Section I - Coverage A - Bodily Injury And Property We will share the remaining loss, if any, with any Damage Llability; other insurance that is not described in this Excess Insurance provision and was not bought specifically (6) When You Are Added As An Additional to apply In excess of tho Llmlis of Insurance shown Insured To Other Insurance in the Declarations of this Coverage Part, Any other insurance available to you covering c. Method Of Sharing liability for damages arising out of the premises or operations, or products and completed If all of the other insurance permits contribution by operations, for which you have been added as equal shares,we will followthls method also. Under an additional insured by that insurance; or this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page 14 of 18 FIG 00 01 06.05 If any of the other insurance does not permit insured will bring"suit"ortransferthose righisto us contribution by equal shares,we will contribute by and help us enforce them, limits. Under this mathod, each insurer's share is b. Waiver Of Rights Of Recovery (Waiver Of based on the ratio of Ila applicable limit of Subrogation) insurance to the total applicable limits of insurance If the Insured has waved any fights of recovery of all Ensurers, against any person or organization for all or part of S. premium Audit 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 Gloss of organization in a contract,agreement or permit that each audit period, we will compute the earned was executed priorio the injury ordamage, premium for,that period and send notice to the first s, 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 nonrenewal not less audit premiums pald for the policy period is greater. than 30 days before the expiration date., than the earned premium, we will return the excess .If notice Is mailed, proof of mailing will ba sufficient to the first Named Insured, proof of notice, c. The first Named4nspred must kelp records of the SECTION V—DEFINITIONS information we need fo'r premium computation,and send us copies at such times as we may request. 1, "Advertisement" means the widespread public 6. Representationsdissemination of Information,or images that has the purpose of inducing the sale of goods, products or a, When You AcceptThis Policy services through; Byaccepting this policy,you agree;• a. (1) Radio; (1) The statements in the Declarations are accurate (2) Television; andcomplete; (3) Billboard; (2) Those statements are based upon (4) Magazine; representations you made to us;and (3) We have Issued this policy In reliance upon your (5) Newspaper;or representations, le. Any other publication that is given widespread b, Unfntentional Failure To Disclose Hazards public distribution. If unintentionally you should fall 'to disclose all However, "advertisement"does not Include: hazards relating to the conduct of your business a. The design, printed,material, Information or images that exist at the inception date of this Coverage contained in, on or upon the packaging or labeling Part, we shall not deny coverage under 'this of any goods or products;or Coverage Part because of such failure,' b. An Interactive conversation between or among 7. Separation Of Insureds persons through acomputer 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 inguranpa applies; 3, "Asbesios 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"means a land motor vehicle,trallcror semitrailer 8, 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 equipr i", S. "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 robin b. Sickness;or are transferred to us,The insured must do nothing o. Disease after loss to impair them. At our request, the sustained by a person and, if arising out of the above, mental angulsh or death at anytime. HG 00 01 06 05 Page 15 of 18 i 6. "Coverage territory"means: rented to you or temporarily occupied by you with a. The United States of America (including its territories permission of the owner Is subject to the Damage and possessions),Puerto Rice 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 obligatio ,. as required by ordinance, to territory described in a,above; Indemnify a municipality, except In connection with work for a municipality; (2) The activities of a person whose home is in the e. An elevator maintenance agreement; territory described in a.above, but Is away for a 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 communlcatlon work performed for a municipality) under which you assume the tort liability of another party to pay for provided the Insured's responsibility to pay damages is "bodily Injury" or "property damage" IQ a'third determined in the United States of America(including its person or organization, provided the "bodily injury" ferritorles and possessions), Puerto Rico or Canada,in a or"property damage"Is caused,In whole or in part, "suit" on the merits according to the substantive law in by you or by those acting on your.behalf, Tort such territory or in a settlement we agree to. liability means a liability that would be Imposed by 7. "Employee" includes a "leased worker". "Employee" law in the abserica of any contract or agreement. does not include a"temporary worker Paragraph f. includes that part of any contract or S. "Employment-Related Practices"means: agreement that Indemnities a railroad for "bodily a. Refusal to employ a person; Injury" or "property damage" arlsing out of i Is. Termination of a person's employment;or construction or demolition operations,within 50 feet of any railroad property and affecting any railroad c, Employment-related practices, policies, acts or bridge or trestle, tracks, road-beds, funnel, omisslons, such as coercion,demotion, evaluation, underpass or crossing. reassignment, discipline, defamation, harassment, However, Paragraph f, does not include that part of humiliation or discrimination directed at a person. any contract or agreem ont; 0. "Executive officer'means a person holding any of the (1) That Indemnifies an architect, engineer or officer positions created by your charter, constitution, surveyor for injury or damage arising out of. by-laws or any other similar governing locum am. 10."Hostile fire"means one which becomes uncontrollable {a} Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, or breaks out from where it was intended to be, reports, surveys, field orders, change orders 11.9mpaired properly" means tangible property, other or drawings and specifications;or Than "your product"or"your work",that cannot be used (b) Giving directions or instructions, orfailing to or is less useful because: give them„if.that is the primary cause of the a. It incorporates "your product" or"your work"that is injury or damage; or known or thought to be defective, deficient, (2) Under whichthe irsured, rf 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 13.11.eased worker" means a person leased to you by a b. Your fulfilling'the Ion msof the contract oragrgement, labor leasing firm under an agreement between you 12."Insured contmol"means and the labor leasing*irnr, to perform duties related to the conduct of your business. "Leased worker' does a. A contract for a lease of premises, However, that not include a 16mporaryworker", portion of the contract for a lease of premises that 18.11oading or unloading"means the handling of property: indemnlfles any person or organization for damage. a. After It is movedfromi*the place where it is accepted by fire, lightning or explosion to premises while for movement into or onto an aircraft, watercrat.5r "auto"; Page 16 of 18 FIG 00 0106 05 b. While it is in or on an aircraft,watercraft or"auto'!; 1s."Occurrence"means an accident, Including continuous or or repeated exposure to substantially the same general 0. 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; 18."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 comrniited by or on behalf of its owner,landlord or vehicles designed for use prinelpally,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, a, Vehicles that travel on crawler treads; ' . products or services; d. Vehicles,whether self-propelled or not, maintained e. Oral, written or electronic publication of material primarily to provide' mobility to permanently that violates a persons right of privacy; mounted: f. Copying, in your "advertisement", a person's or deis, diggers or organization's "advertising idea" or style of (1) Power cranes, shovels, loa drills;or "adve tisement;' (2) Road consiruofion or resurfacing jequppment g• Infringement of copyright, slogan, or title of any such as graders,scrapers or roller's; literary or artistic work,in your"advertisement";or e. Vehicles not described In sc, 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 parson, to provide mobility to permanently attached 1S,"Pollutanis" mean any solid, liquid, gaseous or thermal equipment ofihefollowtngtypes: irritant or contaminant, Including smoke, vapor, soot, (1) Air compressors, pumps and generators, fumes, acids, alkalis, chemicals and waste, Waste including spraying, welding, building gleaning, Includes materials to be recycled, reconditioned or geophysical exploration, . lighting and well reclaimed, .servicing equipment;or 19,"Products-completed operations hazard"; (2) Cherry pickers and similar devices used to raise a. Includes all "bodily Injury" and "property damage'! or lower workers; occurring away from premises you own or rent and f. Vehicles not.described In a., b., c. or d. above arising out of"your product"or"yourwork"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 "imbile equipment"but will be considered"autos": deemed completed at the earliest of the (1) Equipment, of at least 1,D00 pounds gross following times: vehicle weight,designed primarily for: (a) When all of the work called for in your (a) Snow removal; contract has been completed. (b) Road maintenance, but not construction or (b) When all of the work to be done at the job resurfacing;or site has been completed if your contract (c) Streetcieaning; calls for work at more than one job site. (2) Cherry pickers and similar devices mnunled on (c) When that part of the work done at a job site has been put to its intended use by any automobile or truck chassis and used to raise or person or organization other than another lower workers;and contractor or subcontractor' working an the (3) Air compressors; pumps and generaiors, same project, Including spraying, welding, building cleaning, Work that may need service, maintenance, geophysical exploration, lighting and well correction, repair or replacement, but which is servicing equipment. otherwise complete, will be treated as completed. . HG 00 01 06 05 Page Vat 1S . i I ( b. Does not include 'bodily fnjury" or "property 22."Temporary worker" means a person ivho 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 person who and that condition was created by the"loading s. Is not your"employes'; or unloading"of that vehicle by any Insured; (2) The existence of tools, unlnstalled:equipment b. Donates his or'her work; or abandoned or unused materials;of c. Acts at the direction of and within the scope of (3) Products or operations for which ' rho duties determined by you;and . classification, listed In the Declarations be in a d. Is not pald:a fee"salary or other compensation by policy schedule, states that products- You or anyona„afsaafor their work performed for completed operations are subject to the you General Aggregate Limit, 24."Your product"; ' 20."Property damage°means: a. Means; a. Physical Injury to tangible property, includng all (1) Any goods or products, other than real resulting loss of use of that property.Ail such loss property, manufactured, sold, handled, of Lisa shall be deemed to occur at the time of the distributed or disposed of by; Physical Injury that caused 11;of b. Loss of use of tangible property that is not (a) You; (b) Others trading under your name;or physically injured, All such loss of use shall be deemed to occur at the time of the "occurrence" (a) 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, 'Beetroblo data means with such goods or products, information,facts or programs: b. Includes . a. Stored as or on; (1) Warramies; or representations made at any b. Created or used on;or time with.: respect.>.fo;,,the fitness, quality, c. Transmitted to or from; durability;.Mp6jorrt:ance or use of "your computer software, . including systems and product";and applications software, hard.or floppy disks, gip_ (2) Ths 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 ioer located for the use of others 21."Suit" means a civil proceeding in which damages but not sold, because of "bodily injury", "property damage" or 25 Your work'. - - personal and advertising injury" to which this a. means; insurance applies are alleged. "Suit"!ncludest (1) Work or operations performed by you or on a. An arbi'lratfon proceeding in which such damages your behalf;and are claimed and to which the insured must submit (?_) Materials, parts or equipment furnished In or does submit with our consent;or emvtac(on with such work or operations. b. Any other, alternative dispute resolution b, Includes proceeding in which such damages are claimed and to which 'ilia insured submits with our (1) Warranties or representations made at any consent, time with respect fo the fitness, quality, durability, performance or Lisa of "your work and (2) The providing of or failure to provide warnings or instructions, Pads is of is {-IG 00 01 06 05 i REQUEST FOR MAYOR'S SIGNATURE � 1 Please Fill in All Applicable Boxes `j v e ed by Director Originator's Name: Toby Hallock Dept/Div. Engineering Extension: 5536 Date Sent: /QAIf iz Date :Required: (.)/ /d Return to: Nancy Yoshitake CONTRACT TERMINATION RATE: 12/31/15 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. 4 is necessary to extend the time of completion to December 31, 2015 because the SR 516 to S. 231st Way Levee - South Reach project is still under design. All Contracts Must Be Routed Through The Law Department 7 •ts r}t �, „r(This area to be completed by the Law Department) Received: Approval of Law Dept.: t e y,/M.:•: t t 1 t Law Dept'Cornments: 4 Date Forwarded to Mayor: # i Shaded Areas To Be Completed By Administration Staff Received: Ile J y Recommendations and Comments: Disposition. d LateReturned: