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HomeMy WebLinkAboutPW15-389 - Amendment - #3 - A&M Consulting Company - S 228th Street UP Grade Separation Project - 10/30/2017 ds e c o r Man /`l oi��/ir r Wv ......a� ;'off Document „ f i 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: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: S. 228`h St. UP Grade Separation Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: 10/30/17 Termination Date: 12/31/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Contract Amount: $9,240.00 Approval Authority: (CIRCLE ONE) (Department Director Mayor City Council ------------ Detail: (i.e. address, location, parcel number, tax id, etc.): Provide additional public and private utility coordination services for the project. As of: 08/27/14 KETIT AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: A & M Consulting CONTRACT NAME & PROJECT NUMBER: S. 2281" St. UPGrade Separation ORIGINAL AGREEMENT DATE: December g 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: Provide additional public and private utility coordination services for the project. 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 $9,240.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $27,720.00 AMENDMENT - 1 OF 2 .... . ...... _._.._ Original Time for Completion 12/31/16 (insert date) Revised Time for Completion under 12/31/17 prior Amendments (insert date) - for this 365 calendar days Amendment .......... _....mm.m._m___. Revised Time for Completion 12/31/18 (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. -C ONSULT�'ANT/_V. NDO R: ,r - ._....m CTY O—K ENT:Print Name. 1 " r " ( 1< Print Name: imothv ], LaPorte, P.E. Its - Its Pi Works Director_ G(rt�y ( jm._I DATE: �Ye ZO DATE: `',� � /� ._w._.._. ....... ._..........__.. _.... APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department A&M Consulting-228" Grade Sep 4 Amid 3/Madfal AMENDMENT - 2 OF 2 EXHIBIT A A&M Consulting SE 228`�' Street UP Overpass Improvements Project Scope of Worle The Consultant shall provide consultation services to the City for public and private utility coordination for the SE 228th Street UP Overpass Improvements Project. These services shall include the following: Evaluate impacts of the City's project on private utilities' equipment. Coordinate with Puget Sound Energy to relocate existing Puget Sound Energy electrical facilities, Coordinate with Puget Sound Energy on relocating gas facilities. Coordinate with private properly owners to facilitate conversion of their private services from overhead to underground, Coordinate with other utilities (ZAYO, COMCAST, and Century Link) and City Staff for construction of a joint utility trench for relocation of existing underground.facilities. Coordinate with private utility companies for relocation of their facilities that conflict with the City's proposed project. Coordinate with private utilities to prepare agreements and cost estimates for new utility relocations and to finalize costs for existing agreements. Provide construction coordination and provide advice on resolution of conflicts related to private utilities during construction of the City's public projects. The estimated costs for these services will be $9240.00. 4--' I.CKIINUAIt Ur LIAWLlI Y INSUKANUE 1lo/7/201 } THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($),AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER °ORTAN F: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. ABROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate doss nox confer r�yhts to the certificatehuldar In lieu of such endomementQsfl.,,,,, AJ GAL LAGHER & CO INS ESRfCkS CA/PH.S (%Ailvli ,Fu (866) 46/ B"7. 0 fltl�NaI (BBB) 443 6112 .._._.�. —..._. ..m . .._..._ —_ i 255202 P : (866) 463-8730 F: ( 888) 443-611,� IMa. DUH S PO BOX 33015 iNsue Fw IeFFOAunuc covrfuue NNcx LRL P1FifiONIO TX 78265 {Lrrlt rl .t I,II I.7 lu, I insuaeu e OLD TOM.HC UBA A & M CONSULTING wspaen0 - m._. ...... __... m..... ..__._ .....,� _......... .,,�.�........ ...__.__._,. 19 NE 30'I'II ST wsuriraMOND WA 98052 wsvelEIIF COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: __...._. ,.� _.. w_.�.—_..... e............ . ,..,..... ..__.... ..N __,_____,...... _. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWT11 LANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, IHE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE 7 ERMS,EXCWSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ fflAdt/UIXr ID3rt ... ... _DD)STIB POLICY YuMa Fe _ ....,. _...... ...— !dtt TEPBOP LASUK3NCb IN'C$ @.6G JED -- _... ... _....._. >— MiddtY P/r...... fTkY.lf Y'P.11 ...... ... ...... ._.........--__.. comuERCIAL GENERAL LIABILITY EACHo CLRRO,ICE 000, 000 cLAIMs_nnADE CX I CCCIIR ¢ronwlnu rcrRmrrED 300 000 d / /LO1G MCU t%P �Lxm um �.3 r A x: C'eneral LIab r �� , h I.:;0 J.I, U. �n;II II 01 (AyIn,, ,j .. .Eio, 000 PERSONAL B ADV INJURY 0 oo 0, 000 OLN1 AL GHLGA1Y DMITAPPLIEE PER GENERALAGCREGArE A OO D, 00 0 POLICY JEC X LOC PRODUGF LOUNOP Acc � "IJEGrI. 1 4 000, 000 - �O1HER ........ _ .. .. - _ _ 'UM ODILE LIABILITY COfA81NED u1NVI E I IW1 2, 000 000 ANY AUTO BODILV INJURY(P rperson) OWNED - 9 nuros oNLY ._. _. (Rp,a RT AUTOS 7� .I.II II'3U.T') 1'�, /2617 11 /Ul/ ?)JU BODILYIN X Y -0WNEO ..._.... Doty — ...... ..HIRED Y AUTOS ONLY NON ..,_ ..... PRIG@LRl'Y DAMAGE .._ AUTOS ONL_. , ,.. ....... ... .... .. UMBRELLA LUUI OCCUR EACH OCCURRENCE EXCESS LlA6 CLAIAx�MADE AGGREGATE b I4A NL IRPAIFGUS , A .WOEiPAnl�Y�LOYNGT ap 3TE'IIO n 3 �JrrI wA .,...� ,7 ... � IdbuYaI h1O4 EA ANY PROPMETOWPARTNEIEXECUTIVEIM wn OFFICERMEMBER EXCLUDED' E L EACH AU10D,T 11, ODD_,, OOO 'L" Il'JOZ( IL/O /1017 11/; 1;J11H EL LOY� l000 _ODO DESCFU yas I PTION OF OPERATIONSb ne unbar IIw EL DISEASE POLICY UMFF `1, 000, 000 DESCRIPTION OF OPFRATIONS/LOCATIONS/VENAL'H!iLY)RB 101,Add'Rional Remarks Schedule,mry be athched it more space s roquved) . Those usual to the Insured's Operations. Certificate Holder is an Additional Insured per the Business Liability Coverage FOTTTL SS0008 attached to this 'policy. CERTIFICATE MOLOEXt .. - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED The -ity of Kent BEFORE THE EXPIRAI ION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Pub—c Woilcs Engineering AUTNORirEDRrPRrsrNrnnmE 2 2 2 4 TH AVE S' � Y,ENT, FNA. 98032 ! IM8 2015 ACORD CORPORATION.All rights reserved. ACORD 25 (201 6/03) The ACORD name and logo are registered marks of ACORD i 1 { BUSINESS LIABILITY COVERAGE FORM I F x o 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 1s 1. Bankruptcy 15 2. Duties In The Event Of occurrence,Offense,Claim Or Bull 18 3. Financial Responsibility Laws 16 4. Legal Action AgalnstUs 16 5. Separation Of Insureds 16 6. Representatlons 18 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 16 Additional insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 M 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 policy the words"you"and"your" refer to the Named Insured shown in the Declarations. The words "we", "us"and'burn refer to 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 phrases 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 an INJURY PROPERTY DAMAGE PERSONAL "occurrence" that takes place In the AND ADVERTISING INJURY) "coverage territory' Insuring Agreement (b) The "bodily Injury' or "property damage" occurs during the policy a. Wa will pay those sums that the Insured period;and 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 "prop® damage" or "personal and g p C. — Who Is An Insured and no an g Injury" to which this Insurance "employee"authorized by you to glva applies. We will have the right and duty to or receive notice of an "occurrence" defend the Insured against any "suit" or claim,knew that the"bodily injury" seeking those damages. However, we will or "property damage" 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", "property damage"or"personal and knew,prior to the policy period, that advertising Injury" to whloh this insurance the "bodlly injury" or "property does notapply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence"or offense and settle any claim of such "bodily Injury" or "property or."s.uit"that may result. But: damage" during or after the policy (1) The amount we will pay for damages Is period will ba deemed to have been limped 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 offenso was we have used up the applicable limit of committed In the "coverage territory" Insurance in the payment of Judgments, during the policy pedod. settlements or medical expenses to which c. "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 aols 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 b. This Insurance applies: of an"occurrence"or claim: (i) To "bodily injury" and "property (1) Reports all, or any part, of the "bodily damage"only If'. any or "property damage" to us or any other insurer, i Form SS 00 00 04 05 Page 1 of 24 2005,The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We wilt make these payments regardless of cialm 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: "bodiy injury" or"property damaga" has (1) First aid administered at the time of an occurred or has begun to 000ur, accident; d. Damages because of'bodily injury" Include (2) Necessary medical; surgical, x-ray and damag9es claimed by any person or dental servicss, including prosthetic organization for care, loss of services or devices;and death resulting at any time from the"bodily (3) Neeassary ambulance, hospital, Injury". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily 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 snit" we Investigate or settle, or any "suit" medical technician or paramedio shall againstan insured we defend; be doomed to be caused by an (1) All expenses we incur. "occurrence",but only If; (2) Up to $1000 for the cost of hail bonds (a) The physician, dentist, nurse, required because of accidents or trafflc emergency medical technician or law violations arising out of the use of paramedic is employed by you to any vehhicle to which Business Liability provide such services;and Coverage for"bodily injury"aPPlles- We (b) You are not engaged In the do not have to fumish these bonds. business or occupation of providing (3) The coat of appeal bonds or bands to such services, release a1afaohmsnta, but only for bond (2) For the purpose of determining the amounts within the applicable limit of limits of Insurance forincidental medical Insurance. We do not have to furnish rnaiprsoflca, any act oar omission these bonds. together with all related aelb or (4) All reasonable expenses Incurred by the omissions In the furnishing of thaso Insured at our request to assist us in the services to any one Person will be Investigation or defense of the claim or ooneldered one"occurrence'. "suit", Including actual loss of earnings 2. MEDICAL EXPENSES up fo $Boo a day because of tlma Off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured In below for "bodily Injury" caused by an the"suit", accident! (6) Prejudgment interest awarded against (1) On premises you own or rent; the Insured nsred we,that pp rt of the to pdgment aythe (2) On ways next to premises You own or we pay, it applicable limit of Insurance,we will,not rent;or 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 tarrifory" 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 applicabia 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. Form SS 00 08 04 05 Page 2 of 24 BUSINESS LIABILITY COVERAGE FORM b. If we defend an Insured against a "suit" So long as the above conditions are met, and an Indemnitaa 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 condlttons are met; necessary litigation expenses Incurred (1) The "suit" against the Indemnitee by the Indemnitee at our request will be seeks damages.for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of Indemnitea in a contract or agreement Paragraph 1.b.(b) of Section S. — that is an"Insured contract"; Exclusions, such payments will not be (2) This insurance applies to such Iiability deemed to be damages for "bodily assumed by the insured; injury"and"property damage"and will (3) The obligation to defend,or the cost of not reduce the Limits of insurance, the defense of, that Indemnitea, has Our obligation to defend an insured's also been assumed by the insured In Indemnitee and to pay for attorneys' fees the same"Insured contract"; and necessary litigation expenses as (4) The allegations In the "suit" and the Supplementary Payments ends when: Information We know about the 0) We have used up the applicable limit "occurrence" are such that no conflict of Insurance in the payment of appears to exist between the Interests judgments or settlements;or of Ilia Insured and the Interest of the (2) The conditions set forth above, or the Indemnitea; terms of the agreement described In (5) The Indemnitee and the Insured ask Paragraph(6)above,are no longer met us to bolidbot and control the defense B. EXCLUSIONS of that Indemnities against such "Sulu' 1, Applicable To Business Liability Coverage and agree that we can asslgn the same counsel to defend the insured This Insurance does not apply to: and the Indemnitaa;and a, Expected Or Intended Injury (6) The Indemnitee: (1) "Bodily Injury" or "properly damage" (a) Agrees In writing to: expected or intended from the O Coop erate erate with us in the standpoint of the Insured, This P exclusion does not apply to "bodlly Investigation, sr or Injury" or"property damage" resulting defense of the"suuilt";: from the use of reasonable force to (11) 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 (lil) Notlfy any other Insurer whose expectation of Infllctfng "personal and coverage is available to the advertising injury". Indemnitee;and b, Contractual Liability (iv)Cooperate with us with (1) "Bodily Injury"or"propertydamego";or respect to caordlnating other 2 "Personal and advertsin Injury" applicable Insurance available ( ) 9 to the indemnifee;and for which the Insured Is obligated to pay (b) Provides us with written damages by reason of the assumption of authoftatlon to: liability In a contract or agreement. (1) Obtain records and other This exclusion does not apply to liability Information related to the for damages because of: %ult";and (a) "Bodily injury","property damage"or (II) Conduct and control the "personal and advertising Injury'that defense of the Indemnitee in the insured would have in tha such"suit', absence of the contract or agreement;or Form SS 00 03 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM b PorfcmilnQg duties related to the (b) assumed -Bodily injury or tpmporty damage" ( ) conduct of the Insured's business,or assumed to a contract or agreement that Is an "insured oonlraat", (2) The spouse, child, parent, brother or provided the "bodily Injury" or sister of that "employee" as a 'property damage' omrs consequence of(1)above. subsequent to the execution of the This exclusion applies: oontraot or agreement. Solely for (1) Whether the Insured may be liable as the purpose of liability assumed in an employer or In any other capacity; sill "Insured contract", reasonable and attomaya' fees and necessary Agitation 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 Itabliltq provided: assumed by the Insured under an"Insured (I) LlablIlly to such party for, or for contract". the cost of,that party's defense f, Pollution has also been assumed In the (1) "Bodily injury", "property damage" or same"insured contract and "parsonal', and advertising Injury" (11) Such attorneys' fees and arising out of the actual, alleged or litigation expanses are for threatened , discharge, dispersal, defense of that party 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 era alleged. time owned or occupied by, or G. LlquorLlabllity 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 of:. (1) "Bodily lnjuryr'If sustained Minh (1) cAustng of contributing to the a building and caused by Intoxication of any poison; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from. aclul'pmont that Is used to heat, a person under the legal drinking age or cool or dehumidify the building, under the Influence of alcohol;or or equipment that Is used to (3) Any statute, ordinance or regulation heat water for persona& use, by relating to the sale, gl% distribution or the building's occupants or their use of alcoholic beverages, guests; This exclusion applies only If you are In the (11) "Badly Injury" of '"property' business of mansrfactudng, dlsfdbuVn9, damage"for which you may be selling„ serving or furnishing aicohollo 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 addidonal' Insured workers' compensation, dlsablllty 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 promises., site or location and Bodll u such premises, site or location Y injury"to: Is not,and never was awned or (1) An "employee" of the Insured arlsing 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 89 00 08 04 05 i BUSINESS LIABILITY COVERAGE FORM (Ili)"Bodily Injury" or "property released as part of the damage" arlsing out of heat, Operations being performed smoke or fumes from a by such Insured, contractor or "hostile fire'; subcontractor; (b) At or from any premises, site or (11) "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 or disposal, processing or treatment vapors from materials [nought of waste; Into that building In connection (a) tM1 hlch are or were at any t4m4 with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractororsubcontradtor,or as waste by or for: (III)"Bodily Injury" or "property (f) Any insured;or dafnago" arising out of heat, smoke or flumes from a (if) Any person or organization for "hostile fire";or whom you may be legally responslbie; (e) At or from any premises, site or 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 parfonning working directly or Indirectly on operations if the operations are to any insured's behalf are test Tor, monitor, Olean up, remove, performing operations It 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", connectforl with such operstlons by such Insured, contractor or (2) Any loss, cost or expense arising out of any: subcontractor" However, this subparagraph does not apply to; (a) Request demand,order or statutory (i) "Bodily Injury'" or "property or regulatory requirement that any damage'" arising out rO the insured or others test for, monitor, escape of risin lubricants a clean up, remove, contain, treat, es arc of fuels, which are detoxify,or neutralize, or In any way neaded to perforrn 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 "moblle equipment"or Its parts, damages because of testing for, If such fuels,lubricants or other monitoring,cleaning up,removing, operating fluids escape horn a containing, trsatirag, 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[(ability for damages because Intentional discharge, dispersal of 'property damage" that tile 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 "suit" by or on behalf of a fluids are brought on or to the governmental authority. prernisee, site or location weith the Intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 I I I BUSINESS LIABILITY COVERAGE FORM g. Alroraft,Auto Or Watercraft (2) The use of "mobile equlpmord! in, or ^ or"Property damage'arising while In practice or preparation for, a "Bodily Injury prop rtti g " g prearranged raring„ speed or out of the ownership, maintenance, use or demolition contest or In any stunting entrustment to others of any aircraft, "auto" activity, or watercraft owned or operated by or rented or loaned to any insured. Us$ Inductee 1. War operation and"loading or unloading". "Bodily injury'', "proparty damage" or This exclusion 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 suparvielon, hiring, (1) War,including undeclared or civil war; employment,training or naeatitoring of others (2) Warltka action by a military force, by that insured, If the, "occurrence" which including action in hindering or caused the "bodliy injury" or "property defending against an actual or damaga^ Involved the ownership, expected attack, by any govarnmant, maintenance,use or entrustment to cih m of so4arsign or other authority using any aircaft, "autod' or watercraft that is military personnel or other agents; or owned or operated by or rented or loaned to (3) Insurrection, rebellion, revolution, anylnsured, usurped power, or action taken by This exclusion does not apply to; governmental authority In hindering or (1) A watercraft while ashore on premises defending against any ofthesa. youown-orrent; ), Professional Services (2) Awatercraft you do not own that Is: "Bodily Injury", "property damage"' or (a) Less than 51 feet long;and "pstaonal 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. TWO includes (3) parking an "auto" on, or on the ways but is not limited tot next to, premises you own or rent, (1) legal, accounting or advertising provided the"'auto" is not owned by or servloes; rented or loaned to you or the insured; (2) Prepadag, approving, or falling to (4) Liability assumed under any "Insured prepare of appcova maps, shop contract' for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or tied orders, change orders, designs or wateroraft; drawings and specification; (3) Supervlsory, Inspection, architectural arising auk (5) ,BodilyInjury., t,o"f ilea e '"property damage operation of any of or anginearing activities; .o the equipment listed In Paragraph f.(2) (4) Medical, surgtcei, dental, x-ray or or f.(3) of the dall Nuort of '"mobile nursing services treatment, advice or equipment';or Instfuctlon; (6) An' aircraft that is not owned by any (5) Any,health or therapeutic servlce Ensured and Is hired"charfered 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 appoaranca or akin onhancoment; hair injury' or "property damage", whether removal or replacement or personal the other Insurance Is primary, excess, grooming; contingent or on any other basis. (7) Opltcal or hearing old services h, Mobile Equipment including the prescribing" preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of allsfng out of.' ophthalmic lenses and similar (1) Thettansporlatlon of"nv0118 equipment" products or hearing aid devious; by an "auto" owned or operated by or rented or loaned to any insrued;or tl page 6 of 24 Form SS 00 08 04 05 i BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) . of this Including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other then damage by tire) to preparation, fitting;demonstration or premises, Including the contents of such distribution of ophthalmic lenses and premises,rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To (a) Body piercing (not Including ear Promises Rented To You as described In $ectlon 0,-Limits Of Insurance. piercing); (h) Tattooing, including but not limited Paragraph (2) of this exclusion does not to the Insertion of g but n t into or apply I(the promises are "your work"and to the Insertion a An;and were never occupied, rented or held for rental by you. , (c) Similar services; Paragraphs(3)and(4)of this exclusion do (10) SaNICee 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 Medlcat borrowed equipment while not being used Malpraeffes coverage afforded under to perform operations at a job site, Paragraph 1,e.In Section A.-Coverages. Paragraph (6) of this excluslon does not k. Damage To Property apply to "property damage"Included In the "Property damage"to: "produets-completed operalons hazard". (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property damage" to "your product' Incurred by you, or any other person, arising outof It orany part of it. organization or entity, for repair, m, Damage To Your Work replacement, enhancement, operty damage" to restoration or maintenance of such "Pr "your work" arising property for any reason, Including outof It or any part of It and Included In the prevention of Injury to a person or "products-completed operations hazard", damage to another's property; This excluslon does not apply If the (2) Premises you sell, give away or damaged work or the work out of which abandon,if the"property damage"arises the damage arises was perforated on your out of any part of those premises; behalf by a subcontractor, (3) Property loaned to you; n. Damage To Impaired Property Or Property Not Physically Injured (4) Personal property in the care,custody Or control of the Insured; "Property damage" to "impaired property" or property that has not been physically . (5) That particular part of real property on injured,arising out of: which you or any contractors or {1) A defect, deficiency, Inadequacy or subcontractors woridng directly or A defect, condition in "your products Indirectly on your behalf are performing operations, If the "property damage" or"your work";or arises cutof those operations;or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement In accordance 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 09 03 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an Offense committed by Damages claimed for any loss, cost or an Insured whose business Is; expense Incurred by you Or others for the (a) verg , teleces8 broadcasting, loss of use, withdrawal, recall, Inspection, publishing repair, replacement, adjustment, removal (b) Designing or dgtermtning 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 exONGIOn does not if stroh product, work, Or prOpaaty is apply to paragraph's a., b" and, c, withdrawn or recalled from the market or under the deflni€ion of "personal and from use by any person or organization advertising Injury, In Section G. — because of a known or suspeOtad,defrtOt, Liability And Medical Expenses deficiency, Inadequacy Or dangerous Datintlons. condition in It. For the purposes Of this exclusion, p. Personal And Advertising Injury placing uking loan"a vertisement" for Of your web sits, by "Personal and advertising Injury": Itself, is not considered the business (1j Arising out of oral,wrilton or eioclmo[O of advertising, broadcasting, pveffostion of material,if done by or at publlshing or telecasting; tba direction of Via insured with (9) Arising out of an electronic chat room knowledge of ltsfelsity; or bulletin board the Insured hosts, (2) Arising out of oral,written or electronic owns, or over which the Insured publication of material whose fret 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 O-mall (3) Arising out of a criminal act committed address„domain name or metatags,or by or at the dlrecdon of the Insured; any other similar tactics to mislead (4) Arising cut of any breach of contract, another'spotential customers; except an implied contract, to use (11) Arls(ng out of the violation of a anther'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, Howevar; this exclusion sloes not products or services to confOnn 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; "advertisement"; (12) Arising out oft (6) Arising out Of the wrong descdptlon of (a) An "advertisement" for others on the price of goods,products erservlces; your web site; (7) Arising out of any violation of any (b) Placing a link to a web site of Intellectual property rights such as others on your web site: copyright, patent, trademark, trade name, trade socrot servdoe mark Or (c) Content from within web rna or bottler 690 Of Others displ authau8t denticlty"aslgnation , of origin or on your web site. Content Includes Information, coda, snurads, text, However, this exclusion does not graphics or Images;or apply to Infringement, in your "advertisement",of (d) Computer code, software or (a) Copyright; programming used to enable. (i) Yourweb site;or (b) atrade" unless the slogan is also (it) The presontation orfunotionallty a trademark, trade neme, fortuln of an "adverisement" or other mark or other;or Of origin content on your web site; or authenticity;or Form SS 00 08 04 05 Page 8 of 24 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a vlolatlon of any anti- (a) May be awarded or Incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation to price or alleging actual or threatened Injury value of any stocks, bonds or other or damage of any nature or kind to seourt0as;or persons or property which Would' 16 Arisln out of discrlmination or not have occurred In whole or in g pad but for the"asbestos hazard"; humiliation committed by or at the direction of any "executive officer", (b) Arise out of any request,demand, director, stockhoider, partner or order or statutory or regulatory member of the insured, requirement that any insured or Electron)e Dat others test for, monitor, clean up, al a remove, encapsulate, contain, Dams as arising out of tha foss of, Coss 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. . "alectronfo data". (a) Arise out of any claim or suit for r. Employment•Retated Practices damages because of testfog for, "Bedify,injury"or"personal and advertising monitoring, cleaning up, removing, injury„to: enapsulaiing, containing, treating, (1) A person arising out of any: detoxtPying or noutrallzIg or In any way responding to or assessing the (a) Refusal to employ that person; pde&ofan"asl;rastedshazard". (b) Terminatlon of that person's t. Violation Of Statutes That Govern E- employment;or Malls, Fax, Phone Calls Or Other (a) Employment-related practices, Methods Of Sending Material Or potcles, acts or omissions, such as Information coercion, demotion, Valuation, "Bodily injury", "property damage", or reassignment, dlsolpine, "personal and advedlsing 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 parson at whom any of the any amendment of or addition to such employment related practices law;or described In Paragraphs(a), (b),or(c) above Is directed, (3) Arty statute, Otdlnar a or regulation, This exclusion applies; other than the'TCPA or CAN-SPAM Act PP of 2003, that prohibits or limits the (1) Whether the Insured may be liable as sending,transmtting, communicating or an employer or in any other capacity; distribution of material or information. 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 c,through h.and k.through o. do s. Asbestos not apply to damage by tire„ lightning or (1) "Bodity, Injury", „property damage" or expfoalon 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 Any damagecosts or expens eats, Section D. - Liability And Medical Expenses lossLimits Of Insurance. 1, Form SS 00 08 04 05 Page 9 of 24 G BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust,you are an Insured. Your trusties We will not pay expenses for"bodily Injury"; are also Insureds, but only with respect to their duties as trustees. i a, Any Insured 2, Each of the following Is also an Insureds To any insured,except"volunteer workers a. Employees And Volunteer Workers b. Hired Person To a person hired to do work for or on behalf Your "volunteer workers° only while of any insured oratenent of any Insured, performing duties related to Ilia conduct of your husiness,or your"ampkoyees", other a. Injury On Normally Occupied Premises than either your"executive,officers'"Of you To a person injured on that part of are an organitatlon other than a promises you own or rent that the person partnership,joint venture or limited'liability normailyoccuples, oompany)or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for solo Laws within the scope of their employment by you or while performing duties related to To a persoh, whether or not an the conduct of your business. ampinyaa°4 of any Insured, If banatlls for However, none of these "employees" or the "bodily Injury' are payable or must be ^volunteer workers"are Insureds for: provided under a workers compensation orcilsoblllty benefits law ora similar law. (1) "Bodily injury" or "personal end a" Athletics Activities 9 advertising injury": (a) To you, to your, partners or -I'o a person Injured whllo praotlo{ng, members(if you are a partnership instructing or participating in any physlcal ' orjolpt venture)"to your members exercises or games, sports or athletic (If you are a limited ilablity contests. tbf)yeny), or to a co,"employed" f, Products-Completed Operations Hazard wh,lki in the Course of his or her included with the "products-completed ampisymont or performing duties operations hazard". related to the conduct of your g, Business Liability Exclusions business, or to your other "volunteer workers" while Excluded under Business Liability Coverage, performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Ceclaratlens as: (b) To the spouse, child, parent, co- a. An Individual, you and your spcusd are brother e" sister of that"volunteer Insureds, but only with respect to the orkee'ea or that consequence conduct of a business of which you are the Paragraph as a above: ence of sole owner. Paragraph(1)(a)above; b. A partnership or joint venture, you are art (a) For which ghara Is any obligation to share damages with or repay insured. Your members,your pa tnara,and someone also who must pay their$pouses are also Insureds,butonlywith damages because of the injury respecttotheoonductof your business. described in Paragraphs (1)(a) or c. A limped Ilabliity company, you are an (b) above;or Insured. Your members are also Insureds, (d) Arising out of his or her providing but only whir respect to ille conduct of your or failing to provide professional business. Your managers are Insureds,but health taro services. only with respect to their duties as your managers. It you are not to the business of d. An organization other than a parPnarshlp, providing professional health care joint venture or Gimped liability company,you son ices, Paragraph er enc not apply all sia an insured, Your"executiveolftcers"and to any nurse, emergency medley directors are Insureds,but only wltr.respect techniciantopo or uch servidkl employed by to their duties as your officers or directors. you to p ovide such services. ces. Your stockholders are also Insureds„but only (2) "Property damage"to property: with respectto their Ilablllty as stockholders. (a) Owned,occupied or used by, Page 10 of 24 Form SS 00 OB 04 05 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, axerclsed for any (1) "Bodily Injury" or "property damage" purpose by you, any of your Utatocourred;or "employees", "volunteer workers", (2) "Personal and advertising Injury" any partnership or r jointmember (if you are arising out of an offense committed a partnership or joint venture), or . any member of you are a limited before you acquired or formed the lleblllty Gcmpany). organization, b. Real Estate Manager 4, Operator Of Mobile Equipment Anyperson(otherthan your"employee"or With respect to"mobile equipment" 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 organlzallon Any person or organization having proper responsible for the conduct of such person Is p also an Insured,but only with respect to Ilablilty temporary custody of your property It you arising out of the operation of the equipment,and dle,but only; only If no other insurance of any kind is available (1) With respect to Ilablllty arising out of the to that person or organlzalfon for this liability. maintenance Grose of that property;and however,no Person ororgantzatfon is an insured (2) Until your legal representative has with respect to: been appointed, a, "Bodily injury" to a o&1employee"' of the d. Legal Representative if You Ole person driving the equipment;or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to dudes as such. That rented to, In the charge of or occupied by representative will have all your rights and you or the empfoyor of any person who Is dudes under this insurance. an Insured under this provision. e. Unnamed Subsidiary 5. Operator of NonGWn8d Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which Is a legally incorporated entity Is fess than 51 feet long and is not being used of wMch you own a financial interest of to carry persons for a charge,any person Is an more than 50% of the voting stock on the Insured while operating such watercraft with effactivs date of this Coverage Part, your permission. Any other person or The insurance afforded hereto for any organtzatlon responsible for the conduct of subsidiary not shown In tha Declaratlans such person is also an Insured, but only with as a named insured does not apply to espeet to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only If no other insured under this Insurance Is also an insurance of any kind Is available to that Insured under another pulley or would be person or organization for this liability. an insured under such policy but for its However, no person or organization Is an termination or upon the exhaustion of Its Insured with respect to: limits of Insurance. a. "Bodily Injury" to a co-"employee" of the 3. NewlyAcqufred Or Formed Organization person 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 occupled 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 qualify as a Named 0. Additional insureds When Required By Insured if there Is no other sfmtfar Insurance Written Contract, Written Agreement Or available to that organlzaHon. However: Permit a. Coverage under this provlslon is afforded The person(s) or organtzatfon(s) identltied in only unfil the 180th day after you acquire Paragraphs a. through f. befow are additional or form the organization or the and of the insureds when you have agreed, In a wrilten policy period,whfohever Is earlier;and Form SS 00 08 04 05 Page 11 of 24 'BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (a) Any fallura toake soda parmlt issued by a state or political napecilons, adjustments, lasts or subdivislon, that such person or organization servloing as the vendor has be added as an additional Insured on your agreed to make or normally al pDllcy, provided the Injury or damage occurs course undertakes to make In the coon subsequent to the execution of the contract or with the of distribution business, In connection of the agreement,or the issuance of the permit. with the distribution or sale of the products; A person or organization Is an additional (l) Domoaatratien, installation, Insured under this provision only for that servicing, or repair opsraltons„ period of (live required by the contract, except such operatl'ons performed agreement or permit. at the, vendors promisee In However,no such person or organization Is an nenneotlon with the sale of the additional insured under this provision If such product; person or organization Is Included as an (q) Products which, after distribution additional Insured by an endorsement Issued or safe by you,have been labeled by us and made a part of He Coverage Part; or relabeled or used as a Including all persons or organizations added oontalner,part or Ingredient ofBOY as additional Insureds under the specific other thing or substance by or for additional Insured covorago grants In Section the vendor;or F.—optional Additional Insured Coverages, l (la) «,eddy lnjury," or "property a, Vendors damage arising out of the solo Any porson(s)or organlzatlon(s (reforred to negligence of the vendor for Its below as vendor); but only w' respect to own acts or Omissions or those of "bodily Injury" or"PrOPad1"damage" arising Its employees or anyone else out of 'your products"which are distributed acting on its behalf. However,this or sold n the regular course of the vandoes exclusion does not apply to, business and only If thts Coverage Fart (1) Tha exceptions contained In provides coverage for "bodily ktfmy or Subparagraphs(d)or ft or "property damage" included wl in the "products-completed operations hazard'". (tl) lastSucs or adjustments, teals or servicing as,the vendor (1) The Insurance affordad 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 distribufon (a) °Bodily injury" or "property or saleoftheproducts. damaga"" for which the vendor Is (2') This Insurance does not apply to any pbllgated to pay demagas by Ensured person or organization frcaN reason of the assunrptfen Of whom you have acquired such products„ likability In a contract or agreement, or any Ingredient; part or confatrler, This exciuslon does not applY to entering Into, scoompanylng or Ilablllty for damages that the contstnlng such products. vendor would have In the absence b. Lessors Of Equipment of the contract or agreement; (1) Any parson or organization free (b) Any express warranty whom you lease equipment; but only unauthorized by you; with respect to their Itabillty for"bodily (c) Any physfcal or chemical change Injury", °property darnago" or In the product made Intentionally ,personal and advertising Injury" by the vendor, caused, In whole or In part; by Your (d) Repackaglog, except when maintenance, operation or use of unpacked solely for the purpose of equipment or organization, you by such mspoction, demonstration, testing. parson or the substitution of parts under Instructions from the manufacturer, and then repackaged In the original container, Form SS 0o 03 04 05 Page 12 of 24