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HomeMy WebLinkAboutPW15-389 - Amendment - #2 - A&M Consulting Company - S 228th Street UP Grade Separation Project - 12/06/2016 f „ gemft " Recods Mal.. rF k KENT ,„ s„,„G,o„ �g���sh� Document 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: A & M Consulting Vendor Number: ]D Edwards Number Contract Number: P14i`� - 75W -' 00 This is assigned by City Clerk's Office Project Name: S. 228`" St. UP Grade Separation Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 12/6/16 Termination Date: 12/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Contract Amount: $0.00 Approval Authority: (CIRCLE ONE) KDeiDartment Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2017 due to additional work required. As of: 08/27/14 KENT AMENDMENT NO. NAME OF CONSULTANT OR VENDOR: A & M Consulting CONTRACT NAME & PROJECT NUMBER: S 228th St. UP Grade Separation ORIGINAL AGREEMENT DATE: December 9, 2015 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, 2017 due to additional work required. 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, $9,240.00 including applicable WSST Net Change by Previous Amendments $9,240.00 including applicable WSST Current Contract Amount $18,480.00 including all previous amendments Current Amendment Sum $18,480.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $18,480.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/16 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 12/31/17 (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: By: B�. � f (Mgnature),, -- ' ( lgnature) Print Name. Print Name: imothy 1. LaPorte, P.E. Its Its Pubffc Works Director DATE: 1 ? ;,, DATE; y.art�s 4 t t APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department II AMENDMENT - 2 OF 2 I;. �-� F1O MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE s/2o16 THIS CERTIFICATEIS 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 BF' �W. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED '.. SENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED,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. FWODUCFR CONNA0.1ETACT :. AJ GALLAGHER & CO INS BRKRS CA/PHS PHONE FAX cAm N°,&r: (866) 467-8730 (888) 443-6112 255202 P: (866) 467-8730 F: (888) 443-6112 E-MAIL s PO BOX 33015 INSURER(S)AFFORDING COVERAGE NNW SAN ANTONIO TX 78265 INSURERA: Hartford Casualty Ins CO INSURm INSURERD: INSURERC: ARNOLD TOMAC DBA A & M CONSULTING INSURER D: 18119 NE 30TH ST INSURER E: REDMOND WA 98052 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. nyyg TOU POLICYEFF FoucyEXP; ➢L L"rs r,TR TYPE OPINEUFdNCE R'VO POLICPNUlIDE[i 1/D➢ / I} COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s2,000, 000 DAMAGE TO RENTED $300,000 CLAIMS-MADE OCCUR PREMISES(Ea=unence) A x General Liab x 72 SBM DKe025 11/01/2016 11/01/2017 MEDEXP(Anyonepersen) s10, 000 PERSONAL&ADV INJURY s2,000, 000 GENERALAGGREGATE $4,000, D00 GEN'L AGGREGATE_LIMIT APPLIES PER: (�OOLICYE PRO❑X LOC PRODUCTS-COMPMP AGO s4,000, 000 OTHER COMBINEDSINGLE LIMIT s2,000, 000 AUTOMOBILE LIABILITY (Ee accident) ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 72 SBM UK5025 11/01/20IG 11/01/2017 BODILY INJURY(Per=ident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE AUTOS ONLY X HIRED x N Teraocident) $ AUTOS ONLY AUTOS S UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S 0 RETENTION 9 PER OTH- MOILCEPSCOMeLNSAfION STATUTE ER c"IDedmZaYLnSUMm E.LEACHACCIDENT $1,000, DOO ANY PROPRIETORPARTNEEXECUTIVOUN OFFICEWMEMBER EXCLUDED? WA A (Mandeforyln NH) 72 SEM UK9025 11/02/2016 11/01/2017 E.L.DISEASE-EA EMPLOYEE°l, 000, OOO If yes;desedbe under EL DISEASE-POLICY LIMIT sI,000, 000 DESCRIPTION OF OPERATIONS below DESCRIP77ON OFOPFRA77ONSILOCAnONSIVEHICtABORD 101,Additional ReIreres Sehedul&may be attached if more space 1=requiN d) Those usual to the Insured's Operations. Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF,NOTICE WILL BE The amity of Kent DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ',.. Public Works Engineering AUTHORIZED REPRESENTA TIVE 222 4TH AVE S ez-z— KENT, WA 98032 ©1968-2D15 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD I BUSINESS LIABILITY COVERAGE FORM l i I I QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension-Supplementary Payments 2 B, EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Dulles In The Event Of 0ocurrence,Offense,Claim Or Suit 15 3. Financial Responsibility Laws 18 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 B. 17ansfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage, Read the entire policy carefully to determine rights,duties and what Is and is not covered. Throughout this polloy the words"you" and"your" refer to the Named Insured shown In the Declarations. The words "we","us"and"our"referto the stock insurance company member of The Hartford providing this Insurance. The word"Insured"means any person or organization qualifying as such under Section C.-Who Is An insured. Other words and phreses that appear in quotation marks have special meaning. Refer to Section G, - Liability And Medical Expenses Definitions, A. COVERAGES (a) The "bodily injury' or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by INJURY PROPERTY DAMAGE PERSONAL °occurrence"that takes place in the AND ADVERTISING INJURY) coverage territory"; Insuring Agreement (b) The "bodily injuryry'' or "properly g 9 ' damage" occurs during the policy I a. We will pay those sums that the Insured period;end becomes legally obligated to pay as (c) Prior to the policy period, no insured damages because of "bodily Injury", listed under Paragraph 1. of Section "property damage" or "personal and C. — Who Is An Insured and no advertising injury to which tills insurance "employee"authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the Insured against any "sult" or cielm,knew that the"bodily Injury" soaking those damages. However, we will or"property demage" had occurred, have no duty to defend the insured against In whole or in part, if such a listed any "suit" seeking damages for "bodily insured or authorized "employee' Injury "properly damage"or"personal and knew, prior to the policy period, that advertising injury" to which this Insurance the "bodily injury" or "property does not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "ocourrence"or offense and settle any claim of such "bodily Injury" or "property or"suit"that may result. But: damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described In Section D. - known prior to the policy period. Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance;and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory" Insurance in the payment of judgments, during the policy period. settlements or medical expenses to which o. "Bodily injury" or"property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform aots or services Is covered unless insured listed under Paragraph 1.of Section explicitly provided for under Coverage C.—Who is An insured or any "employee" Extension-Supplementary Payments. authorized by you to give or receive notice of an"occurrence"or claim: b. This Insurance applies: (1) Reports all, or any part, of the "bodily (1) To "bodily injury" and "property Injury" or "property damage" to us or damage"only if: any other insurer, 1 Form SS 00 OB 04 05 Page 1 of 24 0 2006,The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the"bodily fault, These payments will not exceed the injury"or"property damage":or applicable limit of Insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for. "bodily Injury" or "properly damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d, Damages because of"bodily injury" Include (2) Necessary medicat, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices;and death resulting at any time from the"bodily (3) Necessary ambulance, hospital, Injury". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodliy Injury" arising out of the 3. COVERAGE EXTENSION rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency ,suiv, we investigate or settle, or any "suit" medical technician or paramedic shall against an Insured we defend: be deemed to be caused by an (1) All expenses we Incur. occurrence,but only if: (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds technician or required because of accidents or traffic emergency medical technimployed you to law violations arising out of the use of paramedic is e provide such services;end any vehicle to which Business Liability Coverage for"bodily injury"applies. We (b) You are not engaged In the do not have to furnish these bonds. business or occupation of providing such services. (3) The east of appeal bonds or bonds to � release attachments, but only for bond (2) For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance. We do not have to f6mish malpraotice, any act or omisslon these bonds. together with all related acts or (q) All reasonable expenses Incurred bythe emissions in the furnishing of these insured at our request to assist us in the services to any one person will be Investigation or defense of the claim or considered one"occurrence". g "suit", including actual loss of earnings 2. MEDICAL EXPENSES up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) Ali costs taxed against the insured in below for "bodily Injury" caused by an the"suif'. accident: (6) Prejudgment Interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent;or applicable limit of insurance,we will not pay any prejudgment interest based on (3) Because of your operations; that period of time after the offer, provided that: (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident;and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of Insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Farm$S 00 08 04 05 f` i BUSINESS LIABILITY COVERAGE FORM b. if we defend an insured against a "sult" So long as the above conditions are met, and an Indemnitee of the insured Is also attorneys' fees incurred by us In the named as a party to the "suit", we will defense of that Indemnitee, necessary defend that Indemnitee If all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses Incurred (1) The "suit" against the Indemnitee by the Indemnitee at our request wilt be seeks damage&for which the Insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of Indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — thatls an"Insured contract"; Exclusions, such payments will not be deemed to be damages for "bodily (2) This insurance applies to such liability injury"and"property damage"and will assumed by the Insured;• not reduce the Limits of Insurance. (3) The obligation to defend,or the cost of Our obligation to defend an Insured's the defense of, that indemnitee, has indemnitee and to pay for attorneys' fees also been assumed by the insured In the same'Insured contract"; and necessary litigation expenses as Supplementary Payments ends when: (4) The allegations in the "suit" and the (1) We have used up the applicable limit information we know about the of insurance in the payment of "occurrence" are such that no conflict judgments or settlements;or appears to exist between the Interests of the insured and the Interest of the (2) The conditions set forth above, or the Indemnitesi terms of the agreement described in (5) The Indemnitee and the insured ask Paragraph(6)above,are no longer met us to conduct slid control the defense B. EXCLUSIONS of that indemnitea against such "suit" 1, Applicable To Business Liability Coverage and agree that we can assign the This insurance does not apply to: same counsel to defend the Insured and the indemnitee;and a. Expected Or Intended Injury (6) The indemnitee: (1) "Bodily Injury" or "property damage" (a) Agrees in writing to: expected or Intended from the i Cooperate with us in the standpoint of, the Insured, This l) P exclusion does not apply to "bodily Investigation, settlement or injury" or "property damage" resulting defense of the"suit"; from the use of reasonable force to (if) Immediately send us copies of protect persons or property;or any demands, notices, (2) °personal and advertising Injury" arising summonses or legal papers out of an offense committed by, at the received In connection with direction of or with the consent or the"suit"; acquiescence of the insured with the (111)Nod( any other Insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee;and b. Contractual Liability Qv)Cooperate with us with (1) "Bodily Injury"or"property damage";or respect to coordinating other 2 "Personal and advertising injury applicable Insurance available ( ) to the indemnitee;and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (i) Obtain records and other We exclusion does not apply to liability information related, to the for damages because of: "sult";and (a) "Bodily injury","property damage"or "personal and advertising Injury"that (Iq Conduct and control the defense of the Indemnitee In the Insured would have In the such"sult". absence o the contract or agreement;or I Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily Injury"or"property damage" (b) Performing duties related to the assumed In a contract or agreement conduct of the Insured's business,or that Is an "Insured contract", (2) The spouse, child, parent, brother or provided the "bodily Injury" or sister of that "employee" as a "Properly damage" occurs consequence of(1)above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the Insured maybe liable as an "insured contract", reasonable an employer or in any other capacity; and attorneys' fees and necessary litigation expenses incurred by or for (2) To any obligation to share damages a party other than an Insured are with or repay someone else who must deemed to be damages because of pay damages because of the Injury. "bodily injury"or"property damage" This exclusion does not apply to liability provided: assumed by the Insured under an"Insured (1) Liability to such party for,or for contract% the cost of, that party s defense f, pollution has also been assumed in the (1) "Bodlly injury", "property damage" or same"Insured contract",and °personal and advertising Injury" pl) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, dofanse of that parry against a seepage,migration, release or escape civil or alternative dispute of"pollutants": resolution proceeding in which (a) At or from any premises, site or damages to which this location which Is or was at any Insurance applies are alleged. time owned or occupied by, or c. Liquor Liability rented or loaned to any insured. "Bodily injury' or "property damage" for However, this subparagraph does which any Insured may be held liable by not apply to: reason oft. (i) 'Bodily Injury"If sustained within (1) Causing or contributing to the a building and caused by Intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by at s originating from a person under the legal drinking age or equipment umi iif used to heat, under the influence of alcohol;or cool u dehumidify the building, or equipment that is used to (3) Any statute, ordinance or regulation heat water for personal use, by relating to the sale, gift, distribution or the building's occupants or their use of alcoholic beverages. guests; This exclusion applies only If you are in the (li) "Bodily injury" or "property business of manActudrngg, distributing, damage"for which you may be selling, serving or Mrnishing alcoholic held liable, If you are a beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises,site or Laws location has been added to your Any obligation of the insured under a policy as an additional Insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any sImIlar law. additional insured at that e. Employer's Liability premises, site or location and "Bodll injury"to: such premises, site or location Y j is not and never was owned or (1) An "employes" of the Insured arising occupied by, or rented or out of and In the course of: loaned to, any insured, other (a) Employment by the insured;or than that additional insured;or Page 4 of 24 Form SS 00 08 04 05 ku I BUSINEss LIABILJTY COVERAGE FORM (ill)"Bodily Injury" or "property released as part of the damege" arising out of heat, operations being parronned smoke or fumes from a by such Insured, contractor or "hostile ore"; subcontractor; (b) At or from any premises, site or (II) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes cr disposal, processing or treatment vapors from materials brought Into that building in connection of waste; to) Which are or were at any time with operations being performed by you or on your behalf by e transported, handled, stored, contractor or subcontractor;or treated, disposed of,or processed (iii)"Bodily Injury or "property as waste by or for: damage" arising out of heat, (1) Any lnsured;or smoke or fumes from a (II) Any person or organization for "hostile fire";or whom you may be legally (a) At or from any premises, she or responsible; location on which any Insured or any (d) At or from any premises, site or contractors or subcontractors location on which any Insured or working directly or Indirectly on any any contractors or subcontractors• insured's behalf are performing working directly or indirectly on operations if the operations are to any Insured's behalf are test for, monitor, clean up, remove, performing operations If the contain,treat,detoxify or neutralize, "pollutants" are brought on or to or in any way respond to,or assess the premises, site or location In the effects of,"pollutants', connection with such operations (2) Any loss, cost or expense arising out by such Insured,. contractor or of any: subcontractor. However, this subparagraph does not apply to: (a) Request;demand,order statutory (I) "Bodily injury of property or regulatory requirementt that any Insured or others test for, monitor, damage" arising out of the escape of fuels, lubricants or clean up, remove, contain, treat, et neutralize,or in anyway other operating fluids which are p respond needed to perform the normal respond to or assess the effects of, electrical, hydraulic or "pollutants";or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment'or its parts, damages because of testing for, If such fuels,lubricants or other monitoring,cleaning up,removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of,"pollutants". "bodily Injury" or "property However, this paragraph does not damage. arises out of the apply to liability for damages because Intenflonal discharge, dispersal of"property damage"that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand,order or statutory or fluids, or If such fuels, regulatory requirement, or such claim lubricants or other operating or "sell" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be l discharged, dispersed or Form 88 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g, Aircraft,Auto Or Watercraft (2) The use of "mobile equipmenif in, or "Bodily Injury" or "properly damage" arisingwhile in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto' demolition contest or In any stunting or watercraft owned or operated by or rented activity. or loaned to any Insured. Use includes I. War operation and"loading or unloading% "Bodily injury', "property damage" or This exciusion applies even if the claims "personal and advertising Injury", however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing In the supervision, hiring. (1) War,including undeclared or civil war; employment,training or monitoring of others (2) Warlike action by a military force, by that Insured, K the "occurrence" which Including action in hindering or caused the "bodily Injury' or "property defending against an actual or damage" Involved the ownership, expected attack, by any government, maintenance,use or entrustment to others of s6vereign or other authority using any aircraft, "auto" or watercraft that Is military personnel or other agents;or owned or operated by or rented or loaned to any insured, (3) Insurrection, rebellion, revolution, usurped power, or cotton taken b Tilts exclusion does not apply to: governmental authority in hindering or (1) Awatercraft while ashore on premises defending against any of these. you own or rent; ), Professional Services (2) A watercraft you do not own that is: "Bodily Injury", "property damage" or (a) Less than 51 feet long;and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render fora charge; any professional service. This includes but is not limited to: (3) Parking you an "auto" or on the ways al, accounting or advertising next to, premises you own or rent, (1) services: g provided the"auto"is not owned by or ranted or loaned to you or the insured; (2) preparing, approving, or failing to (4) Liability assumed under any "Insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and speciflcaflons; (6) "Bodily Injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or C(3) Of the definition of "mobile nursing services treatment, advice or equipment`;or Instruction; (6) An aircraft that Is not owned by any (6) Any, health or therapeutic service insured and is hired,chartered or loaned treatment,advice or instruction; with a paid crew, However, this (6) Any service, treatment, advice or exception does not apply If the insured instruction for the purpose of has any other Insurance for such"bodily appeatAnce or skin enhancement,hair injury, or "property damage", whether removal or replacement or personal the other insurance is primary, excess, grooming; contingent or on any other basis. (y) Optical or hearing aid services h. Mobile Equipment including the prescribing, preparation, "Bodily Injury" or "properly damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of"mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any Insured;or i Page 6 of 24 Form SS 00 08 04 05 L. BUSINESS LIABILITY COVERAGE FORM I (s) Optometry or optomWe services Paragraphs (1), (3) and (4) . of this including but not IlmBed to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, litting,demonstration or premises, Including the contents of such distribution of ophthalmic lenses and fewer es,con rented to you cutive d ysfor period of 7 or Limit similar products; (g) Any; of Insurance applies to Damage To Premises Rented To You as described In (a) Body piercing (not including ear Section 0..Limits Of Insurance. piercing): paragraph (2) of this exclusion does not (b) Tattooing, including but not limited apply If the premises are "your work"and to the Insertion of pigments Into or were never occupied, rented or held for underthe skin;and rental by you. (a) Similar services; Paragraphs(3)and(4)of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement site design. Paragraphs(3)and(4)of this exclusion do Paragraphs(4)and(5)of this exclusion do not apply to "property damage" to. not apply to the incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph i.e.In Section A.-Coverages. paragraph (6) of this exclusion does not k. Damage To Property apply to"property damage"included in the "Property damaga"to; "products-completed operations hazard". (1) Property you own, rent or occupy, h Damage To Your Product Including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of It or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, "Property damage" to "your work" arising restoration or maintenance of such out of it or any part of It and included In the property for any reason, Including "products-completed operations hazard". prevention of Injury to a person or damage to another's property; This exclusion does not apply If the (2) Premises you sell, give away or damaged work or the work out of which abandon,if "property damage"arises the damage arises was performed on your out of any part of those premises; behalf asubcontractor, (3) Property loaned to you; n. Damagea To impaired Property Or Property Not Physically Inured (4) Personal property in the care,custody "property damage" to "impaired property" 'or control of the Insured; or property that has not been physically . (s) That particular part of real property on injured,arising out of.' which you or any contractors or (1) A defect, deficiency, Inadequacy or subcontractors working directly or dangerous condition in "your product" indirectly on your behalf are performing operations, if the "Property damage" or"yourwork";or arises out of those operations;or (2) A delay or failure by you or anyone acting on your behalf to perform a (6) That particular part of any property contract or agreement In accordance that must be restored, repaired or replaced because "your work" was with Its terms. incorrectly performed on it, This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after It has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o, Reeall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (a) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business Is; g a A- g broadcasting, expense incurred by you or others for the O dverdsln , loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of; of web sites for others;or (1) "Your product (a) An Internet search, access, (2) "Your work";or content or service provider, (3) "impalred property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising Injury" in Section G, — because of a known or suspected defect, Liability And Medical Expenses deficiency, Inadequacy or dangerous Definitions. condition In It. For the purposes of this exclusion, p, personal And Advertising injury placing an "advertisement' for or "Personal and advertising injury": [Inking to others on your web site, by itself, is not considered the business (1) Arising out of oral,written or electronic of advertising, broadcasting, publication of material,if done by or at publishing or telecasting: the direction of the insured with (8) Arising out of an electronic chat room knowledge of its falsity; ' or bulletin board the insured hosts, (2) Arising out of oral,written or electronic owns, or over which the Insured publication of material whose first exercises control; publication took place before the (10) Arising out of the unauthorized use of beginning of the policy period; another's name or product In your a-mall (3) Arising out of a criminal act committed address, domain name or metetags, or by or at the direction of the Insured; any other similar tactics to mislead (4) Arising out of any breach of contract, anothet'spofentlal customers; except an Implied contract to use (11) Arising out of the violation of a another s "advertising Idea" in your person's right of privacy created by "advertisement; any state or federal act. (5) Arising out of the failure of goods. However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or Insured would have In the absence of performance made in your such state or federal act; "advarisement'; (6) Arising out of the wrong description of (12) (a)Ari Aning out"advertisement' for others on the price of goods,products or services; (a) your web site; (7) Arising out of any violation of any Intellectual property rights such as (bl Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (a) Content from a web site of others other designation _ of origin or displayed within a frame or border authenticlty. on your web site. Content includes However, this exclusion does not Information, code, sounds, text, apply to infringement, in your graphics or Images;or "advertisement",of (d) computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (I) Your web site;or a trademark, trade name, service (it) The presentation orfunctionaiity mark or other designation of origin of an "advertisement' or other or authenticity;or contenton yourweb site; Page 8 of 24 Form 88 00 08 04 05 I , BUSINESS LIABILITY COVERAGE FORM (13)Arising out of a violation of any anfi- (a) May be awarded or incurred by trust law; reason of any claim or suit (14)Arising out of the tiuctuation In price or alleging actual or threatened injury or damage of any nature or kind to value of any stocks, bonds or other would securfttes;or parsons or property which Would not have occurred In whole or in (15)Arising out of discrimination or part but for the"asbestos hazard"; humiliation committed by or at the (b) Arlsa out of any request, demand, direction of any "executive officer", order or statutory or regulatory director, stockholder, partner or requirement that any insured or member of the Insured, others test for, monitor, clean up, q. Electronic Data remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, Inability any way respond to or assess the to access, or Inability to manipulate effects of an"asbestos hazard";or, . "elootronlo data". (c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for, "Bodily Injury"or"personal and advertising monitoring, cleaning up, removing, 6,AWsulating, containing, treating, injury"to; . (1) A person arising out of any: way responding or g to or asd or in any .way responding to or ass'essfng the (a) Refusal to employ that person, affects of an"asbestos hazard". (b) Termination of that person's t, Violation Of Statutes That Govern E- employment;or Mails, Fax, Phone Calls Or Other (e) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions,such as Information coercion, demotion, evaluation, "Bodily Injury", "property damage", or reassignment discipline, ^personal and advertising injury" arising defamation, harassment,humiliation directly or Indirectly out,of any action or or discrimination directed at that omisslon that violates or Is alleged to person;or violate; (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act(TCPA), including any amendment consequence of "bodily Injury" or of or addition to such law; "personal and advertising injury"to the (2) The CAN-SPAM Act of 2003,including person at whom any of the any amendment of or addition to such employment-related practices law;or described In Paragraphs(a),(b),or(c) (3) Any statute, ordinance or regulation, above Is directed, other than the TCPA or CAN-SPAM Act This exclusion applies; of 2003. that prohibits or limits the (1) Whether the Insured may be Ilable as sending, transmitting, communicating or on employer or In any other capacity; distribution of material orinfonnation. and Damage To Premises Rented To You (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions m through h.and k.through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily Injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the"asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages,Judgments, settlements, applies to this coverage as described In foss,cosiages,judgments, section D. - Liability And Medical Expenses Limits Of Insurance. 1 I Page 9 of 24 Form$S 00 08 04 05 `BUSINESS LIABILITY cOVERAGL'FORM 2. Applicable To Medical Expenses Coverage e. A trust,you are an insured. Your trustees We will not pay expenses for"bodily injury": are also Insureds, but only with respect to their duties as tmetess. a. Any Insured 2. Each of the following Is also an Insured: To any Insured,except"volunteer workers". b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any Insured. performing duties related to the conduct of your business, or your"employees"; other c. Injury On Normally Occupied Premises than either your"executive officers"(if you To a person Injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally occuples. company) or your managers Qf you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by you or while performing duties related to To a person, whether or not an the conduct of your business. "employes" of any Insured, If benefits for the "bodily Injury"are payable or must be However, none of these "employees" or "volunteer workers"are insureds for: provided under a workers' compensation or disability benefits law or a similar law. (1) "Bodily Injury" or "personal and s. Athletics Activities advertising injury": '[Q a person Injured while practl.cing, (a) To you, to your partners or Instructing or participating in any physical ' members(if you era a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability WntpAhy), or to a co=employee" f. Products-Completed Operations Hazard while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your U. Business Liability Exclusions ' _ business, or to your other Excluded underSusiness Liability Coverage. "volunteer workers" while performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and y our spouse are brother or sister of that cow Insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of We owner. Paragraph(1)(a)above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured, Your members,your partners,and to share damages with or repay their spouses are also insureds,but only with someone also who must pay respect to the conduct of your business. damages because of the injury described in Paragraphs (1)(a) or c. A limited liablllly company, you are an (b)above;or Insured. Your members are also insureds, d Arising out of his or her providing but only with respect to the conduct of your O g business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company,you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with.respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also Insureds,but only (2) "Property damage"to property: with respectto their liability asstockholders. (a) Owned,occupied or used by, Page 10 of 24 Form SS oo 00 04 08 I BUSINESS LIABILITY COVERAGE FORM (b) Rented to, In the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurrad;or "employees", "volunteer workers", (a) "Personal and advertising Injury" any partner or member(If you are arising out of an offense committed a partnership or joint venture), or any member (If you are a limited before you acquired or formed the Ilobllfty company). organization, b. Real Estate Manager 4. Operator Of Mobile Equipment Any person(other than your"employee"or With respect to"mobile equipmenf'registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law,any person is an Insured while driving such a.. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an Insured;but only with respect to liability 'temporary custody of your properly If you arising out of the operation of the equipment,and die,but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However,no person or organization Is an insured (2) Until your legal representative has with respect to; been appointed, a, "Bodily injury" to a co 'employee"of the d. legal Representative If You Die person driving the equipment;or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, In the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this Insurance. an Insured under this provision. e. Unnamed Subsidiary 5. operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which Is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial Interest of to carry persons for a charge,any person la an more than 50% of the voting stock on the Insured while operating such watercraft with effective date of this Coverage Part, your permission. Any other person or The Insurance afforded herein for any organization responsible for the conduct of TheInnot shown In the herein for such person is also an insured, but only with subsidiary respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only If no other Injury or damage with respect to which an Insurance of any kind Is available to that Insured under this Insurance Is also an person or organization forthis liability. insured under another policy or would be an Insured under such policy but far its However, no person or organ izaton is an termination or upon the exhaustion of Its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employes" of the 3. Newly Acquired Or Formed Organization parson operating the watercraft;or Any organization you newly acquire or form, b. "Property damage"to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who Is maintain financial interest of more than 50%of an Insured under this provision. the voting stock, will quality as a Named 0. Additional Insureds When Required By Insured if there Is no other similar Insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organizatlon(s) Identltied in only unfit the 160th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the Insureds when you have agreed, in a written policy period,whichever is earlier,and Form 88 00 08 04 05 Page 11 of 24 13USINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit Issued by a state or political Inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an addltional insured on your agreed to make or normally poliay, provided the Injury or damage occurs undertakes to make In the usual subsequent to the execution of the contract or ourr the distribution or sale of the f business, in connertion agreement,or the Issuance of the permit. A person or organization is an additional products; Insured under this provision only for that (t) servicing Demonstration, installation, aervioing or repair operations, period of time required by the contract, except such operations performed agreement or permit at the vendor's premises in However,no such person or organization is an connection with the sale of the additional insured under this provision If such product; person or organization is included as an (g) Products which, after distribution additional insured by an endorsement Issued or sale by you,have been labeled by us and made a part of this Coverage Part, or relabeled or used as a including a0 persons or organizations added oontainer; part or ingredient of any as additional Insureds under the specific other thing or substance by or for additional insured coverage grants In Section the vendor;or F.—Optional Additional insured Coverages, (h) "Bodily Injury" or "property a, Vendors damage" arising out of the sole Any persons)or organizatlon(s)(referred to negligence of the vendor for Its below as vendor), but only with respect to own acts or omissions or those of "bodily Injury" or "property damage" arising its employees or anyone else out of'your products"which are distr buted acting on its behalf. However,this or sold in the regular course of the vendor's exclusion does not apply to; business and only If this Coverage Part (1) The exceptions contained In provides coverage for "bodily tnJury" or Subparagraphs(d)or(f);or "property damage" included within the (i Such ins ctions, adjustments, "productscompletad operations hazard". O tests or servicing as the vendor (7) The Insurance afforded to the vendor has agreed to make or normally is subject to the following additional undertakes to make in the usual exclusions: course of business, In This Insurance does not apply to: connection with the distribution (a) "Bodily Injury" or "property or sale of the products. damage" for whlch the vendor Is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container. This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence b. Lessors Of Equipment of the contract or agreement; (b) Any express warranty (1) Any person or organization from unauthorized by you; wham lease equipment; but only with respect to their(lability for"bodily (c) Any physical or chemical change Injury", "property damage" or In the product made intentionally "personal and advertising injury" by the vendor; caused, In whole or In part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such Inspection, demonstration, testing, person or organization. or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 00 04 05