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HomeMy WebLinkAboutPW16-152 - Amendment - #2 - S 224th St Improvements - Provide Public & Private Utility Coordination �OT Retards Management Document CONTRACT COVER SWEET This is to be completed by the Contract IManager prior to submission to the City Clerk's Office. Alp portions are to be cor"pleted. If you have gUestiorns, pllease contact the City Cierk's Office at 2.53-856 57:25. ❑ Blue/Motion Sheet Attached ❑ Pink Sheet Attached Vendor Name: A & M Consulting Vendor Number (JDE): Contract Number (City Clerk): �7VV�t� '�52-Qp3 Category: Contract Agreement Sub-Category (if applicable): Amendment__ Project Name: S. 224th St. Improvements Contract Execution Date: 5/10/18 Termination Date: 12/31/19 Contract Manager: Steve Lincoln Department: PW: Engineering Contract Amount: t6,600.00 Approval Authority: ® Director ❑ Mayor ❑ City Council Other Details: Continue to provide,public and private_utility coordinaton,seryices for the project. AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: A & M Consulting CONTRACT NAME & PROJECT NUMBER: S. 224" St. Improvements ORIGINAL AGREEMENT DATE: Alrril 19, 2016 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: Continue to provide public and private utility coordination services for the project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 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 $0 including applicable WSST --------- ...___ ...... ......... Current Contract Amount $9,240.00 including all previous amendments Current Amendment Sum $6,600.00 .._ Applicable WSST Tax __on this $0 Amendment _._.. _.......... Revised Contract Sum $15,840.00 AMENDMENT - 1 OF 2 ................................... .............. Original Time for Completion 12/31/17 (insert date) Revised Time for Completion under 12/31/18 prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time afo.r-_C-..o...m_p...l..e._.t.-.- n 12/31/19 (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: _m..., CITY ,OF KENT: Is,10 ,r" :} y (.Slgnature) . Print Name:—A-(sr narur ) Print Name:-Tim hy 1. LaPorte. P.E. Its O ee Its Public Works Director (titre ( (e) DATE: 4i DATE: _..tKim ................... _. ........_ _ _. CIT APPROVED AS TO FORM: (applicable if Mayor's signature required) By: ,r'e)PrinA. KomotoKent Law Department Its: QDA 0 A&M Cw,,Rm,224"Amtl 2/Lincoln AMENDMENT - 2 OF 2 EXHIBIT A A&M Consulting S 224`h Street Improvements - 88"' Ave. S. to 93"{ Ave. S. Project Scove of'ti or The Consultant shall continue to provide consultation services to the City for public and private utility coordination for the S 224th Street Improvemonts - S81h Ave. S. to 93" Ave. S. Project. These services shall include the following: Evaluate impacts of the City's project on private utilities' equipment. Coordinate with Puget Sound Energy to execute a Schedule 74 Conversion Agreement for undergrounding of overhead power. Coordinate with Puget Sound Energy on relocating gas facilities. Coordinate with private property owners to facilitate conversion of their private services from overhead to underground. Coordinate with other utilities and City Staff for construction of a joint utility trench and conversion of services from overhead to underground. Coordinate with private utility companies for relocation of their facilities that conflict with the City's proposed project. Coordinate with private utilities, prepare agreements and cost estimates for utility relocations. Provide construction coordination and provide advice on resolution of conflicts related to private utilities during construction of the City's public projects. Ruthw 100 hours x $66.00 per hour= $6,600.00 keicrc i INUA I L OF LIABILITY INSURANCE DAY I 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(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER _ _.Ift—he._ ._� "�_......� NIPORTANTr If the certificate holder is an ADDITIONAL INSURED,the policy(les)most have ADDITIONAL INSURED provisions or be endorsed, )BROG oes n IS WAIVED subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this . .rifFcato does not Confer ri hi5 to dre ce!f atrx hgider In IItt of such eM?elorsamlenr . CtagfACr 'AJ GALLAGHER & CO INS BRKR.9 CA/PHS prMl�M�IIP. (a/c lm Ell (866) 461 R-730 / 3 6112 255202 P: (866) 461-8730 F: (888) 443-6112 `°""" ���� _ ._.. TjG BOX 3015 - AFIORESS IlrsuntR!l rr�eomc co _.. _. .,_ SAN AN`I,'ONSO TX 7 __�., wIa 8765 -- _ iHsuM1mn I, .,.. _...._........_.._�..._. "..... •"•�• -'"."...'— —,.- r us. I. nu tY I n I4�I INSURID ._„,.....�.., ... NSVREA C " ..�. �...�." .., ....._... _ 'ARNOLI) T`OMAC DBA A & M CONSULTING Imsusa,ER rnu — .—.._,....._ 181.I9 NE 30TEI 'I' wsuaEa L ..._.. R-EDMOND WA 98052 ..._ .......,....� _._.._..__.. _ _ CERTIFICATE NUMBER "—"""" --- ._. .— ..... REVISION NUMBER THIS IS 10 CERTIFY THgT THE POLI('IES OF INSURANCE LISTED BELOW HAVE BEEN IoSUED FL THE INSURED NAMED ABOVE FOR 7HE POLICY PERIOD CERTIFICAUTE NMAYV BE ISSUED RYMAYO PIREMENTER AIN,, THE INSURANCE AFFORDEDON 01 B THEONT O POLICIES DESCRIBEDDOCUMENT HERENH IS RESPECI -io ANION ALI THE ,,ERMS,- EXCLUSIONS AND CONDITIONS —OF SUCH POLICIES LIMffS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSINSR _ ]1PL Of WSr'RLY(L dlkNll 4lF PoLZCY hL9YSLA �YW lGY FJ PF�'��III 111CIAL MERCIAL GENERAl1WB WYY CLAIMS MADE OCCUR EACH OCCURR �? ENCE „ , 000, 000 I K r Lf °._ 1BAMAUI''I n Rcrrl I,o S 0 0 A R CE.]Te La Tl 11b `Ih UCS�'?`, O 0 0 ". pRIMI ESyll Y uPAR1Y,1 owl 1J l% /.(717 1 ,OI iJ0 MELXPA p — — ."._.. PEP50NAL&ADV INJURY 1, 000, 000.._.. OI POLICY ukl'E LIMIT AI UEwP{.nP GENER4LAGGREGAIT�Poucv PRG- P s4, 000, 000 _ JEcr ° ._...�." PRODUCTS COMP/oPAGO n, 000, 000 GOMBdNED SINM E UMui.. ..-......__ ...�,..... env Auro lL Ar<M'ertl11 �2 000, 000 .".. DYLNCD - ..- - BODILY INJURY(P p pn) 5 q SCHEDULEu AUTOS ONLY AUTOS ,. 72 ,Its IPS IILI, 11/OI/ 017 I �Ul/, /1Q BODILY INJURY(Per " HIRED -"X-' --" accident) b Y NON-0"FF AUTOS ONLY AUTOS ONLY I POFI Ni fM rJAMAGr UMBRELLA UAB OGWR "--'...". .. _. EACH OCCURRENCE --- EXCESS LIAB CLAIMS MADE AGOREGArE S M1 AttAp,'uyQ�CIIMYtN.CJ(!OM1 ,••••••-'.•, _ ...__._... __ NYAEbYl/IYFHS1J1R1LlLY ..._ Plfl � UAItl........ ,.•••"—•••• __....._ __.....� ANY I]Y9OPRq TOLePATNECl/;XLCU"TIVEYIN �'+e NTPl p'F 4" CIFrIC9AOMEMBER FX(,p UL1U, _ -"` _. . A wn - LLEAuIAccwcrTr °l, 000 OOD ' (Afimndutuvy rI NPIJ .� I Z LIII III, (175 11/01/ ' `17 EI DIseASE- s r r-s,aesr nde l,�de EA EMPLOYEE 1 000, 000 DESCRIPTION OF OPERATION'below ....__-- ....�"'... ..._—'-..— .m. EL DISEASE--POLICY LIMIF 51y D00, ESCRIPTIn/i OF OPERATIONS I LOCA TONS/ VE/!1{tP178.)RD 101 �Add'RionalR marks�SCM1edub "-ay be anac M1ed If mom spat equ'radl hose usual to the I11SUred's Operations. CerLd-fiCate HOldcr is tl Addr Lional nsured per the 70usieess LTability Coverage Eortn SS0008 attached to th5.s Olicy. ERTIFICATE BOLDER �� -� -.,...._"_ _..."�..".. ..�.._..w_ "�....._ ......" .. ..__.." ... ...,..._...CANCELLATION l ........,.._"�...". SHOULD ANY OF THE AUOVE DESCRIBED POLICIES BE CANCELLED Ile C' -y Of gent. BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE ubi_ WO11cs Engineering -DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS 4'I'H AVE S - NT, WA 98032 ---- 019ae 2995-�4CORD IC(7fZ.F^ORA7'ifJM.All rigPlts reserved. ORD 25 (2U16/U3) The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM 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. Duties In The Event Of Occurrence, Offense, Claim Or Sult 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 T. Other Insurance 16 8. Transfer 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 f 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 Narned Insured shown in the Declarations. The words "we "us"and "our"refer to the stock insurance corrtpany 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 a. We will pay those sums that the insured damage" occurs during the policy period;andbecomes legally obligated to pay as damages because of "bodily injury', (c) Prior to the policy period, no insured "property damage" or "personal and listed under Paragraph 1. of Section advertising injury" to which this insurance C. Who Is An Insured and no applies. We will have the right and duty to employee"authorized by you to give defend the insured against any "suit" or receive notice of an "occurrence" seeking those damages. However, we will or claim, knew that the "bodily injury" have no duty to defend the insured against or "property damage" had occurred, in while or i any "suit" seeking damages for "bodily part. If such a listed s injury", "property damage" or"personal and insured or utho zed "employee" advertising injury" to which this insurance knew, prior to the policy period, that does not a I the "bodily injury" or "property pp y 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"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 offonse arising taut 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 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 acts or services is covered unless insured listed under Paragraph I.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: (1) To "bodily injury" and "property (1) Reports aN, or any part, of the "bodily damage"only if: injury" or "property darnage" to us or any other insurer,- Form SS DO 08 04 OS Page 1 of 24 © 2005, 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 "property damage' has (1) Hrst aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of"bodily injury" include (2) Necessary medical, 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 dme from the "bodily (3) Necessary 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 "suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend: be deemed to be caused by an "occurrence", but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services;and any vehicle to which Business Liability (b) You are not engaged in the Coverage for"bodily injury" applies. We do not have to furnish these bonds. business or occupation of providing such services. (3) The cost 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 furnish malpractice, any act or omission these bonds. together with all related acts or omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our requestto assist us in the considered one"occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES "suit", including actual loss of earnings up to $500 a day because of time 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 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 (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that: (7) All interest on the full arnount 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 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attomeys' 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 will be seeks damages 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. — hat is an "insured contract; Exclusions, such payments will not be (2) This insurance applies to such liability 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 indemnitee, 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 (1) 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 the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph (6)above,are no longer met us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" and agree that we can assign the 1. Applicable To Business Liability Coverage same counsel to defend the insured This insurance does not apply to: 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 Investigation, settlement or exclusion does not apply to "bodily defense of the "suit" injury' or "property damage" resulting from the use of reasonable force to (ii) Immediately send us copies of protect persons or property, or any demands, notices, 2 "Personal and advertising nu summonses or legal papers O g injury' arising received in connection with out of an offense committed by, at the the "suit"; direction of or with the consent or acquiescence of the insured with the (III) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee; and b. Contractual Liability (iv) Cooperate with us with respect to coordinating other (1) "Bodily injury"or"property damage";or applicable insurance available (2) "Personal and advertising injury" 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 This exclusion does not apply to liability information related to the for damages because of: "suit", and (a) "Bodily injury", "property damage"or (fi) Conduct and control the "personal and advertising injury that defense of the indemnitee in the insured would have in the such"suit". absence of the contract or agreement;or Form SS 00 03 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 "property 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 may be liable as an "insured contract', reasonable an employer or in any other capacity; attorneys' fees and necessary and 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 (i) Liability to such party for, or for contract the cost of, that party's defense f. Pollution has also been assumed in the same"insured contract", and (1) "Bodily injury", "property darnage" or "personal and advertising injury" (it) Such attorneys' fees and arising out of the actual, alleged or litigation expenses 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) to or from any premises, site or damages to which this y insurance applies are alleged_ location which is was at any 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 of: (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 or uriginafing from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol;or cool or 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 (it) "Bodily injury" or "property business of manufacturing, distributing, damage" for which you may be selling, serving or furnishing 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 "Bodily injury"to: such premises, site or location is not and never was owned or (1) An "employee" 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 BUSINESS LIABILITY COVERAGE FORM (!it) "Bodily injury" or "property released as part of the damage" arising 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 (it) "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 brought of waste; into that building in connection (0) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor;or as waste by or for: (III) "Bodily injury" or "property (i) Anyinsured;or damage" arising out of heat, (it) Any person or organization or fumes from aon for "hostile fire"; or whom you may be legally responsible; (a) At or from any premises, site or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors any contractors or subcontractors location which any insured or working directly or indirectly on any working directly or indirectly Insured's behalf are performing operations if the operations are to any insured's behalf arere test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, the premises, site or location in pollutants" are brought or to or in any way respond to, or assess the effects of,"pollutants". connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand,order or statutory (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way 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 intentional 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 "suit" 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 discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while 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 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 supervision, hiring, employment, training or monitoring of others (1) War, including undeclared or civil war; by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury' or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by (1) A watercraft'while ashore on premises governmental authority in hindering or defending against any of these. you own or rent; j. 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 for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured, (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve snaps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft, drawings and specificatons; (5) "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 f.(3) of the definition of "mobile nursing services treatment, advice or equipment" or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this exception does not apply if the insured (6) Any service, treatment, advice or has any other insurance for such "bodily instruction for the purpose of appearance injury" or "property damage", whether skin enhancement, hair re the other insurance is primary, excess, removal or replacement or personal contingent or on any other basis. grooming; h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property 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 ` I 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 than damage by fire) to preparation, fitting,demonstration or promises, 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 Darnage 10 (a) Body piercing (not including ear Premises Rented To You as described In piercing); Section D. -Limits Of Insurance. (b) Tattooing, including but not limited Paragraph (2) of this exclusion does not to the insertion of pigments into or apply if the premises are "your work" and under the skin;and were never occupied, rented or held for rental by you. (c) 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 1.e. in Section A. - Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage"included in the "Property damage"to: "products-completed operations 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 out of it or any part of it. organization or entity, for repair, M. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" to "your work" arising Property for any reason, including out,of it or any part of it and induced in the prevention of injury to a person or "products-completed operations hazard", damage to anothei's property; This exclusion does not apply aly 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 performed on your out of any part of those premises; behalf by a subcontractor_ (3) Property loaned to you; n. Damage To Impalred Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured; "Property damage" to "impaired property" (5) That particular part of real property on or property that has not been physically which you or any contractors or injured, arising out of: subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product" operations, if the "property damage" or"your work". or arises out of 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 andaccidental pl injury to "your product'" or "your work" slier it has been put to its intended use. Form SS 00 08 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) Advertising, broadcasting, 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"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired 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": linking 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 knowledge of its falsity; (9) Arising out of an electronic chat room 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 beginning of the policy period; (10) Arising out of the unauthorized use of anothees name or product in your e-mail (3) Arising out of a criminal act committed address, domain name or metatags, or by or at the direction of the insured; any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential 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; "advertisement (12) Arising out of: (6) Arising out of the wrong description of the price of goods, products or services; (a) your "advertisement" for others on your web site; (7) Arising out of any violation of any intellectual property rights such as (b) Placing a link a web site of copyright, patent, trademark, trade others on yourr web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within.a frame or border authenticity. 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 (ii) The presentation or functionality mark or other designation of origin of an "advertisement' or other or authenticity;or content on your web site; Page 8 of 24 Farm SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law•, reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to sacunties; or persons or property which would (15) Arising out of discrimination or hot have occurred In whole or in humiliation committed by or at the part butforthe "asbestos hazard"; direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or Electronic Data others test for, monitor, clean up, q- 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 "electronic data". (c) Anse out of any claim or suit for r. Employment-Reiated Practices damages because of testing for, "Bodily injury" or"personal and advertising monitoring, cleaning up, removing, injury"to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any (a) Refusal to employ that person; way responding to or assessing the effects of an"asbestos hazard". (b) Termination of that person's I. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Calls Or Other (c) 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 omission 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 Person at whom any of the (2) The CAN-SPAM Act of 2003, including employment-related practices any amendment of or addition to such described in Paragraphs (a), (b), or(c) law, or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CANSPAM Act (1) Whether the insured may be liable as of 2003, that prohibits or limits the sending, transmitting, 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 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 loss,costs or expenses that Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage a. 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 trustees. a. Any Insured To any insured,except"volunteer workers 2. Each of the following is also an insured. 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 'c. Injury On Normally Occupied Premises your business, or your "employees", other 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 occupies. company) or your managers (If you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers"are insureds for: or disability benefits law or a similar law_ (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury To a. person injured while practicing, (a) To you, to your partners or Instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard _ company), or to a co-"employee" while in the course of his or her Included with the "products-completed employment or performing dut(es operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business 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 your spouse are brother or sister of that co- 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 sole 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 else who must pay respect to the conduct of your business damages because of the injury c. A limited liabllfty company, you are an described in Paragraphs (1)(a) or insured. Your members are also insureds, (b) above; or but only with respect to the conduct of your (d) Arising out of his or her providing 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 respect to their liability as stockholders. (a) Owned,occupied or used by, Page 10 of 24 Form SS 00 08 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 exercised for any purpose by you, any of your (1) "Bodily injury° or "property damage" "employees", "volunteer workers", that occurred,or any partner or member (if you are (2) "Personal and advertising injury, a partnership or joint venture), or arising out of an offense committed any member (f you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobite Equipment Any person (other than 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 c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization Any person or organization having proper responsible for the conduct of such person is tem ora custody of our roe also an insured, but Only with respect to liability p Y y property rty 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 co2employee" 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 is 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 subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect 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 policy 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 respectto: limits cf insurance. a. "Bodily injury" to a co"employee" of the 3. Newly Acquired 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 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 qualify as a Named 6. 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 organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the and of the insureds when you have agreed, in a written policy period, whichever is earner; and Form SS 00 08 04 05 Page 11 of 24 I BUSINESS 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 additonal insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement,or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed 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 additional insured by an endorsement issued (9) Products which, after distribution by us and Made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages, the vendor; or a. Vendors (h) "Bodily injury" or "property damage" arising out of the sole Any persons) or organizations) (referred to below as vendor), but only with respect to negligence of the vendor for Its - own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendors exclusion does not apply to: business and only if this Coverage Part provides coverage for 'bodily injury' or (i) The exceptions contained in "property damage' included within the Subparagraphs (d)or(f); or "products-completed operations hazard (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual 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 which 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 of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty, (1) Any person or organization from unauthorized by you, whom you lease equipment; but only with respect to their liability 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 08 04 05