HomeMy WebLinkAboutCAG2019-064 - Original - David A. Clark Architects, PLLC - Door Access Controls at Riverbend, the Commons, and the Senior Center - 02/14/2019 .. `NT Records Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5325.
Vendor Name: David A. Clark, PLLC
Vendor Number (]DE): 35216
Contract Number (City Clerk): fA(' M- 0(.nq
Category: _Contract Agreement
Sub-Category (if applicable): None
Project Name: Door Access Controls: Commons, Riverbend, Senior Center
Contract Execution Date: 02/15/19 Termination Date: 05/16/2019
Contract Manager: Nancy Clary Department: Parks
Contract Amount: $34,037.00
Budgeted: 0 Grant?
Part of NEW Budget: ❑ Local: ❑ State: ❑ Federal:
Related to a New Position: Notice required prior to public disclosure? No
Basis for Selection of Contractor? Direct Negotiation
Approval Authority: 1-1 Director ® Mayor City Council
Other Details:
CN
v, ..,11
CONSULTANT SE9VICES AGREEMENT
between the City of Kent and
David A. Clark Architects, PLLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and David A. Clark Architects, PLLC organized under the laws of the State of
Washington, located and doing business at 33017 134th Avenue SE, Auburn, WA 98092, Sheryl Brown,
253 351-8877, sbrown@clarkarchitects.com (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City In accordance with the following
described plans and/or specifications:
To provide architectural design and engineering plans and specifications for door access
control for (26) doors at the Kent Commons, 525 4th Ave North, (8) doors at Riverbend Golf
Course, 2019 West Meeker and (18) doors at the Kent Senior Center, 600 E. Smith, in
accordance with Fee Proposal dated October 18,2018, which Is attached and incorporated at
Exhibit A.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I within 90 days.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$34,037.00, for the services described in this Agreement. This is the maximum amount to
be paid under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for Its services contracted for herein shall remain locked at the negotiated
rate(s) for a period of one (1) year from the effective date of this Agreement. The
Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000)
A. The Consultant has the ability to control and direct the performance and details of Its
work, the City being Interested only In the results obtained under this Agreement.
B. The Consultant maintains and pays for Its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and Independent business that Is eligible for a
business deduction for federal Income tax purposes that existed before the City
retained Consultant's services, or the Consultant is engaged In an independently
established trade, occupation, profession, or business of the same nature as that
Involved under this Agreement.
D. The Consultant Is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, Including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered Its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant's
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F, The Consultant maintains a set of books dedicated to the expenses and earnings of
Its business,
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at Its address set Forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant's possession pertaining to this project, which may be used by the City without restriction. If
the City's use of Consultant's records or data Is not7elated to this project, It shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, Its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who Is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
P y C3i c� 4 nd�jes, losses or
officials, employees, agents and volunteers harmle4• rro r i7 a
suits, Including all legal costs and attorney fees, - ' w`'b 1��the Consultant's
performance of this Agreement, except for that portion of the Injuries and damages caused by the City's
negligence,
The City's Inspection or acceptance of any of Consultant's work when completed shall not be ,per
grounds to avoid any of these covenants of Indemnification,
Should a court of competent jurisdiction determine that this Agreement Is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, Its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, Indemnify, and hold the City
harmless, and Consultant's liability accruing From that obligation shall be only to the extent of the
Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000)
„ '>l ,tt:fl'y TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then
Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful
refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference,
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement,
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act.
The City's use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Rgryr 8f t ltqrIgl,;. Pursuant to Chapter 3.80 of the Kent City Code, the City requires Its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. cICr ?wlvcl:,.Isf C3 The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. It oIIJC( iL�«( —Difmutew__7I_a QoyoU3lr q—Uw. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000)
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. ttcf-i All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. f!g lgralCt ^III. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. M_gdJficAtJLQjn. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. �0 0u_t---4tiipa lL7,cll, . The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. ;fa ,1;7J1:LOt_..:k l.C:ga.....p,;w . The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. ?p,f ) The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City's duties and obligations under the Public Records Act.
3• <,I�y _1.tN IL4 r 'm... rt'IN r..r.I'fa4!.Ilgj,. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
1 /
K. t1i0LepgSt ; , rt�# $�gnathires V?y Fax or E[Ij. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000)
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
..._ ..._ ....__� _..__._ ._... _......_, .., __......___ _ _ ... ........
CONSULTANT. CITY OF KENT.
By:_LLS2� +,tda y� t�c- By _ .A" ......
i�Ic�nx�tnre) � (signature)
Print Name:---Dana( Print Name: _Dana Raloh
_..
[ts,..._.......__.__.. ........
btl ) /y ;
DATE /J,.� DATE; ..
............ ___..................__ _ _,
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Sheryl Brown Nancy Clary
David A. Clark, PLLC City of Kent
33017 134th Avenue SE 220 Fourth Avenue South
Auburn, WA 98092-8519 Kent, WA 98032
253 351-8877 (telephone) (253) 253 856-5084 (telephone)
206 351-8877 (facsimile) (253) 253 856 6080 (facsimile)
APpR ,Eft AS TO FORM
d
s
Kent epartment
ATT
.jy� Kcet City Clerk
CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
For Df aul) d � � Tf�GNiTe(
Title Ul Yl.P/1
r /J ...
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
i
i
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy,
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT
MMMMM
Kent Door Access controls
r r'+r t,iNr wrro �f oil �/ ll�rf Yi b r_°)y.Yap Ml,bagelkK71141'fiAl ,�,,b/)i�o'�alrt�'1�,.:� 2� Oct-18
Fee Proposal: While this breakdown is detailed as hourly,this is only to determine the breakdown of sections
to relate to the fixed fee. This number does not change when bids are received.
Drafter (r?rkgl,_MILI Architect Lem
.,_...................._._._
G initial site review-3 buildings 0 98.20 6 196.92 0 232.55 $ 1,181.52 $ 1,182
DD Prepare As-builts-Kent Commons 4 98.20 0 196.92 0 232,55 $ 392,80 $ 2,016
Prepare As-builts-Senior Center 1.5 99.20 0 196.92 0 232.55 $ 147.30
Prepare As-builts-Riverbend Driving Ra 3 98.20 0 196.92 0 232,55 $ 294.60
Prepare cost estimates(3 total) 0 98.20 6 196.92 0 232 55 $ 1,181.52
CD Cover Sheet,general notes, $ $ 5,948
Vicinity maps, scope of work 4 98.20 1 196,92 1 232.55 $ 822.27
Floor Plans(3) 6 98.20 0.5 196.92 1 232.55 $ 920.21
Door Schedules&Hardware 3 98.20 6 196.92 1 232.55 $ 1,708,67
Update Cost Estimates 0 98.20 1,5 196.92 0 232.55 $ 295.38
Specifications 0 98,20 6 196.92 1 232,55 $ 1,414.07
Electrical coordination 2 99.20 3 196,92 0 23155 $ 787.16
Permitting& Bidding
Permit coordination&review 0 98.20 0 196.92 3 223.85 $ 671.55 $ 2,891
Pre-bid meeting 0 98.20 4 196,92 0 223.85 $ 787.68
Bidding coordination&review 2 98.20 4 196,92 2 223.85 $ 1,431,78
Construction Admin `
Hourly as requested,per standard 2018 rates for Clark Architects&AWA Electrical)
Electrical Consultant
Per attached document $ 21,000
TotdlArnount m....33, 737
33,037
Reimhursables
cost plus 10% Plots,Prints and deliveries,not to exceed
"1C`tN31AIL,FIXED FEE T-_.TWOS_7
Not included:
Construction Admin,Haz Mat,Special Inspection costs or Permit fees
David A.Clark Archllecis, PLLC Kew Fee Proposal MIM8 1012912018
EXHIBIT A
2019 Hourly Rates
Principal Architect $232.55
Project/Construction Manager $196.92
Designer $132.65
Drafter $ 98.20
^;
w
x
v
W
N
0
W
G�
✓f
Cw
y
q
r=1
r
G
Licensed Architects In Wasshington
EXHIBIT
Sheryl Brown
To: ppatterson@clarkarchitects.com
Subject: FW: Kent Buildings Door Access Control
From: Brad Adcock<brad@awaelec.com>
Sent: Monday, October 15,2018 1:12 PM
To: 'Sheryl Brown'<sbrown@clarkarchitects.com>
Cc: ppatterson@clarkarchitects.com; 'Robert Delach'<robe rt@awaelec.corn>;jeri@awaelec.corn
Subject: Kent Buildings Door Access Control
Hi Sheryl,
As mentioned we couldn't get started on this project until December 1, but if it can wait until then, below Is an overview of
our proposed scope and fee:
Kent Buildings Door Access Control -3 Buildings
AWA Scope: Plans and Specifications for Door Access Control
Initial Site Visit $1,000.00
Kent Commons(26 doors) $7,500.00
Riverbend Golf Course (8 doors) $5.000.00
Senior Center(18 doors) $6,000.00
Bidding k 5($C),00
Design Total $21,000.00
Construction Admin (includes 3 total site visits) $6,000.00
Not Included:
• Reimbursable Expenses
• 30-day metering of existing panels
• Generate AutoCAD backgrounds (floorplans)
Let me know if you have any questions.
Thanks,
Brad Adcock, P.E., Principal
n
>
AWA Electrical Consultants, Inc.
Ph.#(425)775-1799
� vdvv. tiywq?,„Ictr,L«.rrn..
i
EXHIBIT
Sheryl Brown
n�
To: ppatterson@clarkarchitects.com
Subject: FW: Following up
From: Brad Adcock<brad@awaelec.com>
Sent: Monday, October 15, 2018 1:59 PM
To: 'Sheryl Brown' <sbrown@clarkarchitects.com>; brute@awaelec.com
Cc: ppatterson@clarkarchitects.com;jerl@awaelec.com
Subject; RE: Following up
I1�nndx Kate Sah5dujt;
Senior Engineer $145.001hr
Design Engineer $130.00/hr
AutoCAD 595.00/hr
Clerical $65,00/hr
Thanks,
Brad Adcock, P.E., Principal
s
AWA Clectr'feaal Consultants, Inc.
Ph.#(425)775.1799
1
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and rriahitain for the duration of the Agreement, insuraince
agalllSt ClaiMS for r1jL1rI(-'S to persons or damage to property which aray arise from or, In
cornet tion with thin peirforrnance of the work hereninder by the Contractcr, than agerfts,
representatives, employees or subcontractors,
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
inmirance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arlsing frorn prerrflS(,!S', omnratimrs,
Independent contrcictors, operations, personal Injury
and advertising Injury, and liability assumed Llild(fl' rut InSUITd COIAl'aCt-
The Commerci'al General yabillty Insurance shall I-)e endorsed to provide
the Aggregate Pei, Project Endorsernent ISO form, C(5 25 03 it 85'. Tlhe�
City shall be named as an insured under the Contractor's conlrnerclal
General Liability Insurance poky with resl-,)ecL to the work per for'
the City using ISO additional 111SUred endorsement CG 20 10 11 85 or a
substitute endorsement providing equivaient coverage,
2. !,k,Qrn.r,5Jqrn5), insurance appropriate to the
Consultant's profession.
3. &,ixqm ,ilkq, Udblllty insurance covering all owned' non--awn(,xl, hired and
leased veRkie's'."ffoverage shall be written on Insul-ance sorvices Office
(ISO) form CA OD 01 or a substitute forrn providing equivalent liability
coverage. If necessary, the polk;y shall be onclorsed to provide
contractual liability coverage.
B. Minimum Amounts of Insurance
Contractor shall maintain the following Insurance limits:
shall be written with limits no less
than $2,000,000 each occurrence, $2,000,000 general aggregate and a
$2,000,000 products-completed operations aggregate limit.
Insurance shall be written with
limits no less than $1,006,000 per claim and $1,000,000 policy aggregate
limit,
3. &&)t11Q ftiJ_ej,.J,,,,L0fl1�y insurance with a minimum combined single limit for
bodily Injury and property damage of $1,000,000 per accident.
EXHIBIT B (Continued)
C. other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance:
1. The Contractor's insU Kane;e coverage shall be primary insurt.arnce ,as i-Olslaect the City,
Any Insurance, self Inr,urr�ance, or` I.nUflarace pool coverage rna[ntalne^d Pray the City shall
be excess of the T:ornt.rrtr:,tod''s insuraanco and shaky not contribute with It
2. Th(r'" Coritrara:or's 1115uu war'ar e s9noll be endorsed to state lhat coverage shall not be
cancelled by elthe¢ar party, except after thirty (30) drays prior written notice by certified
rruaVl, retr.rrua rrce;lpt requested, has liven given to the City,
1, The; City of Kent snail be named as an additional 'insured on all policies (oxcept
Professional Liability) as respects work performed by or on behalf of the contractor Md
a eol:ry of the endorsernent naming the City as additional insured shall be attached to
the Q1 011 1 The City reserves the right to receive a certified copy of
all reg(.rired Insurance policies, The Conti-actor's Connmerclal General Liability
Insurance shad also contain a clause stating that coverage shalt apply sel)ar;ately to
each insured against whom claim Is trade or sult is brought, except with respects to
the lirruits of the Insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M, Best rating of not less than
A, M
E. Verification of Coverage
Contractor sih,all rurnish this City with origirrai certificates and ata copy of the amendatory
eraraoi'senr carntt , including but not necessarily limited to the addkional Insured
eancicara>ernent, eviciencing the insurance reaqulrements of the Contractor before
coranrnenc:ernent of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish
sepal,ate certificates and endor<sernietnts for each subcontractor. All coverages for
subcontractors shall be subject to all of the same Irasr.rrartce, requirenne.rnts as stated herein
for the Contractor.
A � CERTIFICATE OF LIABILITY INSURANCE
DATE(MMrDD/YYYY)
112 812 0 1 9
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
,NAME AlhsonBarga
Hall&Company PHONE TAX
19660 10th Ave NE I.IQ N �„ 360 626-2007 ( (A(C,Nat 360.62.6-2007
Poulsbo WA 98370 E'MA9L ppOREas: abarga(cdhallandcompany com
INSURER(SI AFFORDING COVERAGE MID
INSURER A: Hartford Casualty Insurance Cori 29424
INSURED 19075 INSURERB: LIBERTY INSURANCE UNDERWRITERS 19917
David A Clark Architects PLLC
33017 134th Avenue SE INSURER,C
Auburn WA 98092-8519 INSURER D:
INSURER E
INSURER F ..._
COVERAGES CERTIFICATE NUMBER:1012936144 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ,,,,,,,,,,,,,,,,, AVOLSURR PpLIOYEFP P606Y EXP _.
ITR TYPE OF INSURANCE iucn vmn POLICYNUMBER Y Otr> YYYY�Iq�A-MtF9VXYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY f 52SBA115662 10/27?2018 10127/2019 EACHOCCURRENCE $2000000
CHUMS-MADr X..1 OCCUR UAMAZ F�YtShFN}"Fb .......
IRFMLSh6Shaerveuner¢�_ $300000
MED EXP(Any one DerscM $10,000
PERSONAL B ADV INJURY $2000000
GEN L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $4000000
POLICY LOC PRODUCTS COMP/OPAGG $4000000
I OTIBER: $ __
A AUTOMOBILE LIABILITY 52SEA115662 10127/2DJB 1OY27/2019 COMBINER SM IGE LEMOI' $2000000
(He eecido"l) _
ANVAUTO ( BODILY INJURY(Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY(Per acciderd) $
.X,,. HIRED x.... NON-OWNED PROPERTYDAMAGE $
AUTOS ONLY AUTOS ONLY IP'n"Nen0
A IX UMBRELLALIAB X OCCUR 52SBA115662 10/27/2018 10/27/2019 EACH OCCURRENCE $1,000000
EXCESS LIAB CLAIMS MADE AGGREGATE $1,000 000
LED X _RETFNT AION.Fnn,+nn pp $
q 'WORKERS COMPENSATION 52SBA115662 10/27l2018 10l27l2019 VSTATLITE y` �RH WA Sto D.GaD
AND EMPLOYERS'LIABILITY Y 1 N
ANYPROPRIETOR/PARTNER!EXECUTIVE ❑ EL OFFICER/MEMBEREXCLUDEDY EACH ACCIDENT $10000D0
NIA "'
(Mandatory In NH) EL DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
QFSCRIPT I0N OF OPERATIONS hAnw EL,DISEASE POLICYLIMIT S1000000
...._........_m.....,...__
B Protescionel Llab:CI.nns Made AEXNYABHOZ0001 6/15/2017 6/15l2019 $2,000,000 Per Claim }
$?000,000 AcJgraOata
1
DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101,Atltlilionel Remarks Schedule,mey be attached it more space is required)
Project: Kent Door Access Controls
The certificate holder is an additional insured per the attached.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Kent ACCORDANCE WITH THE POLICY PROVISIONS.
400 West Gowe
Kent WA 98032 AUTHORIZED REPRESENTATIVE
us 214 Z 7
�•.L,• 01988.2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
OLJDHI IDOOL '
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 "our" 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" s caused by an
"occurrence" that takes place in the
INJURY, PROPERTY DAMAGE, PERSONAL
"coverage territory"
AND ADVERTISING INJURY) ;
Insuring Agreement (b) The "bodily injury" or "property
damage" occurs during the policy
a. We 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
"property damage" or "personal and C. — Who Is An Insured and no
advertising injury" to which this insurance "employee" authorized by you to give
applies. We will have the right and duty to or receive notice of an "occurrence"
defend the insured against any "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 which this insurance the "bodily injury" or "property
does not apply. damage" occurred, then any
We may, at our discretion, investigate any continuation, change or resumption
"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 offense arising out of your
(2) Our right and duty to defend ends when business, but only if the offense was
we have used up the applicable limit of committed in the "coverage territory"
insurance in the payment of judgments, during the policy period.
settlements or medical expenses to which 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 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: "occurrence"
oocc urrence" or claim:
(1) Rep
orts p rts all, or any part, of the "bodily
PP o an
(1) To "bodily injury" and "property j ry" or "property damage" to us or
damage" only if: any other insurer;
Form SS 00 08 04 05 Page 1 of 24
9 2005, The Hartford
JLJ[5HI Ibbb/
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) First 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 time 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
Coverage for"bodily injury" applies. We
(b) You are not engaged in the
business
not have to furnish these bonds.
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 request to 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 amount of any
(1) The accident takes place in the judgment that accrues after entry of the
"coverage territory" and during the judgment and before we have paid,
policy period; offered to pay, or deposited in court the
(2) The expenses are incurred and reported part of the judgment that is within the
to us within three years of the date of applicable limit of insurance.
the accident; and Any amounts paid under (1) through (7)
(3) The injured person submits to above will not reduce the limits of insurance.
examination, at our expense, by
physicians of our choice as often as we
reasonably require,
Page 2 of 24 Form SS 00 08 04 05
52S BA 115662
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 attorneys' fees incurred by us in the
named as a party to the "suit", we will defense of that indemnitee, necessary
defend that indemnitee if all of the litigation expenses incurred by us and
following conditions are met: necessary litigation expenses incurred
(1) The "suit" against the indemn'dee 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. —
that is an "insured contract", Exclusions, such payments will not be
deemed to be damages for "bodily
ass(2) insurance applies to such liability injury" and "property damage" and will
assumed by the insured;
not reduce the Limits of Insurance,
(3) The obligation to defend, or the cost of
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" 1. Applicable To Business Liability Coverage
and agree that we can assign the
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
standpoint of the insured. This
(i) Cooperate with us in the exclusion does not apply to "bodily
investigation, settlement or injury" or "property damage" resulting
defense of the"suit"; from the use of reasonable force to
(i i) 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
(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 (1) "Bodily injury"or"property damage", or
respect to coordinating other
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
(ii) 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
52SBA115662
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 damage" or
"personal and advertising injury"
(ii) 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
damages to which this (a) At or from any premises, site or
insurance applies are alleged. location which is or 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 originating 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
(3) Any statute, ordinance or regulation used to
relating to the sale, gift, distribution or heat water for personal use, by
use of alcoholic beverages. the building's occupants or their
guests;
This exclusion applies only if you are in the II "Bodilyinjury" or "property
business of manufacturing, distributing, ( ) g I rybe
selling, serving or furnishing alcoholic damage" for which you may be
beverages. held liable, if you are a
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
52SBAI 15662
BUSINESS LIABILITY COVERAGE FORM
(!if) "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 (ii) "Bodily injury" or "property
location which is or was at any damage" sustained within a
time used by or for any insured or building and caused by the
others for the handling, storage, release of gases, fumes or
disposal, processing or treatment vapors from materials brought
of waste; into that building in connection
(c) 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) Any insured; or damage" arising out of heat,
smoke or fumes from a
(ii) Any person or organization for "hostile fire"; or
whom you may be legally
responsible; (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 performing
working directly or indirectly on operations if the operations are to
any insured's behalf are test for, monitor, clean up, remove,
performing operations if the contain, treat, detoxify or neutralize,
"pollutants" are brought on or to or in any way respond to, or assess
the premises, site or location in the effects of,"pollutants".
connection with such operations
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 pe orm 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 6 of 24
52SBA115652
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, (1) War, including undeclared or civil war;
employment, training or monitoring of others
by that Insured, if the "occurrence" which (2) Warlike action by military force,
caused the "bodily injury" or "property including action inn hindering or
defending against an actual or
damage" Involved the ownership,
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
governmental authority in hindering or
(1) A watercraft while ashore on premises 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 maps, shop
contract" for the ownership, drawings, opinions, reports, surveys,
maintenance or use of aircraft or field orders, change orders, designs or
watercraft; drawings and specifications;
(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 (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 appearance or skin enhancement, hair
injury" or "property damage", whether removal or replacement or personal
the other insurance is primary, excess, grooming;
contingent or on any other basis.
h. Mobile Equipment (7) Optical hearing aid services
th
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
Page 6 of 24 Form SS 00 08 04 05
52SBA115662
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 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
Premises Rented To You as described in
(a) Body piercing (not including ear Section D.- Limits Of Insurance.
piercing);
Paragraph (pr of this exclusion does not
(b) Tattooing, including but not limited
apply if the premises are "your work" and
to the insertion of pigments into or were never occupied, rented or held for
under the skin; and 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 any part it and included in the
prevention of injury to a person or .products-completed
completedd operations hazard".
damage to another's property; This exclusion does not apply if the
(2) Premises you sell, give away or damaged work or the work out of which
abandon, if the"property damage"arises the damage arises was performed on your
cut 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
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 and accidental physical injury to
..your product" or "your work" after it has
been put to its intended use,
Form SS 00 08 04 05 Page 7 of 24
525 HAI 15662
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
1 Arising out of oral, written or electronic itself, is not considered the business
O g 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
3 Arising out of a criminal act committed another's name or product in your e-mail
( ) g 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";
(6) Arising out of the wrong description of (12) Arising out of:
the price of goods, products or services; (a) An "advertisement" for others on
(7) Arising out of any violation of any your web site;
intellectual property rights such as (b) Placing a link to a web site of
copyright, patent, trademark, trade others on your 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 Form SS 00 08 04 05
52 S IBA 115662
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
securities; or persons or property which would
not have occurred in whole or In
(15) Arising out of discrimination or part but for the "asbestos hazard",
humiliation committed by or at the
direction of any "executive officer", (b) Arise out any request, demand,
s
director, stockholder, partner or order statutory regulatory
member of the insured. requirement
sent that anyy insured or
others test for, monitor, clean up,
q. Electronic Data remove, encapsulate, contain,
Damages arising out of the loss of, loss of treat, detoxify or neutralize or in
use of, damage to, corruption of, inability any way respond to or assess the
to access, or inability to manipulate effects of an "asbestos hazard" or
"electronic data". (c) Arise out of any claim or suit for
r. Employment-Related Practices damages because of testing for,
"Bodily injury" or"personal and advertising monitoring, cleaning up, removing,
injury"to: encapsulating, containing, treating,
(1) A person arising out of any: detoxifying or neutralizing or in any
way responding to or assessing the
(a) Refusal to employ that person; effects of an"asbestos hazard".
(b) Termination of that person's t. Violation Of Statutes That Govern E-
employment; or Mails, Fax, Phone Calls Or Other
(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 (2) The CAN-SPAM Act of 2003, including
person at whom any of the any amendment of or addition to such
employment-related practices
described in Paragraphs(a), (b), or(c) aw; or
above is directed. (3) Any statute, ordinance or regulation,
other than the TCPA or CAN-SPAM Act
This exclusion applies: of 2003, that prohibits or limits the
(1) Whether the insured may be liable as 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 cut 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
bLStiAIIbbbL
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees
We will not pay expenses for"bodily injury": are also insureds, but only with respect to
their duties as trustees.
a. Any Insured
To any insured, except"volunteer workers". 2. Each of the following is also an insured:
It. 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
you or while performing duties related to
To a person, whether or not an
"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
company), or to s co-"employee"
f. Products-Completed Operations Hazard
while in the course of his or her
Included with the "products-completed employment or performing duties
operations hazard". related to the conduct of your
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 liability company, you are an described in Paragraphs (I)(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
52S BAI 15652
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or It. Coverage under this provision does not
control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage"
purpose by you, any of your that occurred; or
"employees", "volunteer workers", (2) "Personal and advertising injury"
any partner or member (if you are
a arising out of an offense committed
partnership or joint venture), or
any member (if you are a limited before you acquired or formed the
liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile 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
responsible for the conduct of such person is
Any person or organization having proper also an insured, but only with respect to liability
temporary custody of your property if you arising out of the operation of the equipment, and
die, but only: only if no other insurance of any kind is available
(1) With respect to liability arising out of the to that person or organization for this liability.
maintenance or use of that property; and However, no person or organization is an insured
(2) Until your legal representative has with respect to:
been appointed. a. "Bodily injury" to a co-"employee" of the
d. Legal Representative If You Die person driving the equipment; or
Your legal representative if you die, but b. "Property damage" to property owned by,
only with respect to duties as such. That rented to, in the charge of or occupied by
representative will have all your rights and you or the employer of any person who is
duties under this insurance. an insured under this provision.
e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft
Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that
yours which is a legally incorporated entity is less than 51 feet long and is not being used
of which you own a financial interest of to carry persons for a charge, any person 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 b also an insured, but only with
respect to liability arising out of the operation
as a named insured does not apply to
injury or damage with respect to which an in the watercraft, and only a no other
insured under this insurance is also an insurance rg any kind it available to that
insured under another policy or would be person r, 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. 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 end of the insureds when you have agreed, In a written
policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
52 S BA 115662
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 additional 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 (g) Products which, after distribution
by us and made a part of this Coverage Part, or sale you, have been labeled
including all persons or organizations added or relabeled r i used of a
as additional insureds under the specific container, part 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 person(s) or organization(s) (referred to negligence of the vendor for its
below as vendor), but only with respect to own acts or omissions or those of
"bodily injury" or "property damage" arising its employees or anyone else
out of "your products" which are distributed acting on its behalf. However, this
or sold in the regular course of the vendor's exclusion does not apply to:
business and only if this Coverage Part
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; wham you lease equipment; but only
c An physical or chemical than with respect to their liability for "bodily
y P y 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
52SBA115662
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political
to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but
.'occurrence" which takes place after only with respect to operations
you cease to lease that equipment. performed by you or on your behalf for
G. Lessors Of Land Or Premises which the state or political subdivision
(1) Any person or organization from has issued a permit,
whom you lease land or premises, but (2) With respect to the insurance afforded
only with respect to liability arising out to these additional insureds, this
of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage"
leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations
to these additional insureds, this performed for the state or
insurance does not apply tc, municipality; or
(a) Any "occurrence" which takes (b) "Bodily injury" or "property damage"
place after you cease to lease that Included within the "products-
land or be a tenant in that completed operations hazard".
premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who
construction or demolition is not an insured under Paragraphs a.
operations performed by or on through e. above, but only with
behalf of such person or respect to liability for "bodily injury",
organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or
(1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or
only with respect to liability for "bodily the acts or omissions of those acting
injury", "property damage" or "personal on your behalf:
and advertising injury" caused, in whole (a) In the performance of your
or in part, by your acts or omissions or ongoing operations;
the acts or omissions of those acting on (b) In connection with your premises
your behalf: owned by or rented to you; or
(a) In connection with your premises, (c) In connection with "your work" and
or included within the "products-
(b) In the performance of your completed operations hazard", but
ongoing operations performed by only if
you or on your behalf. (i) The written contract or written
(2) With respect to the insurance afforded agreement requires you to
to these additional insureds, the provide such coverage to
following additional exclusion applies: such additional insured; and
This insurance does not apply to (ii) This Coverage Part provides
"bodily injury", "property damage" or coverage for "bodily injury" or
"personal and advertising injury" "property damage" included
arising out of the rendering of or the within the .'products-
failure to render any professional completed operations hazard".
services by or for you, including: (2) With respect to the insurance afforded
(a) The preparing, approving, or to these additional insureds, this
failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or
reports, surveys, field orders, .personal and advertising injury"
change orders, designs or arising out of the rendering of, or the
drawings and specifications; or failure to render, any professional
(b) Supervisory, inspection, architectural, engineering or surveying
architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
b2SBAI Ibti6L
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not
failure to prepare or approve, apply to "property damage" to premises
maps, shop drawings, opinions, while rented to you or temporarily
reports, surveys, field orders, occupied by you with permission of the
change orders, designs or owner, arising out of fire, lightning or
drawings and specifications; or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2.a. or 2.b above, whichever
activities. applies, the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all "bodily injury",
insureds are described in Section D. — Limits "property damage" and medical expenses
Of Insurance. arising out of any one "occurrence" is the
How this insurance applies when other Liability and Medical Expenses Limit shown in
insurance is available to an additional insured the Declarations,
is described in the Other Insurance Condition The most we will pay for all medical expenses
in Section E. —Liability And Medical Expenses because of "bodily Injury" sustained by any
General Conditions. one person Is the Medical Expenses Limit
No person or organization is an insured with shown in the Declarations.
respect to the conduct of any current or past 4. Personal And Advertising Injury Limit
partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for
company that is not shown as a Named Insured in the sum of all damages because of all
the Declarations. "personal and advertising injury" sustained by
D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal
LIMITS OF INSURANCE and Advertising Injury Limit shown in the
Declarations,
1. The Most We Will Pay
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the The Damage To Premises Rented To You
Declarations and the rules below fix the most Limit is the most we will pay under Business
we will pay regardless of the number of: Liability Coverage for damages because of
a. Insureds, "property damage" to any one premises, while
b. Claims made or"suits" brought; or rented to you, or in the case of damage by fire,
c. Persons or organizations making claims or lightning or explosion, while rented to you or
bringing "suits". temporarily occupied by you with permission of
2. Aggregate Limits the owner.
The most we will pay for. In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
a. Damages because of "bodily injury" and You Limit applies to all damage proximately
"property damage" included in the caused by the same event, whether such
"products-completed operations hazard" is damage results from fire, lightning or explosion
the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds
Declarations.
b. Damages because of all other "bodily The most we will pay o a behalf a person or
organization who is an additional
nal insured
injury", "property damage" or "personal
a under this Coverage Part is the lesser of:
and advertising injury", including medical
expenses, is the General Aggregate Limit a. The limits of insurance specified in a
shown in the Declarations. written contract, written agreement or
This General Aggregate Limit applies permit issued by a state or political
separately to each of your "locations" subdivision; or
owned by or rented to you. b. The Limits of Insurance shown in the
"Location" means premises involving the Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in
whose connection is interrupted only by a addition to the Limits of Insurance shown in
street, roadway or right-of-way of a the Declarations and described in this Section.
railroad.
Page 14 of 24 Form SS 00 08 04 05
52SBAI15662
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this (1) Immediately send us copies of any
policy and any endorsements attached thereto demands, notices, summonses or
applies to any claim or"suit", the most we will pay legal papers received in connection
under this policy and the endorsements is the with the claim or"suit"
single highest limit of liability of all coverages (2) Authorize us to obtain records and
applicable to such claim or "suit". However, this other information;
paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation,
limit set forth in Paragraph 3. above. settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the"suit"; and
separately to each consecutive annual period and to (4) Assist us, upon our request, in the
any remaining period of less than 12 months, starting enforcement of any right against any
with the beginning of the policy period shown in the person or organization that may be
Declarations, unless the policy period is extended liable to the insured because of injury
after issuance for an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will be may also apply.
deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost
of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own
cost, voluntarily make a paymentt,, assume
GENERAL CONDITIONS any obligation, or incur any expense, other
1. Bankruptcy than for first aid,without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance
the insured's estate will not relieve us of our If we cover a claim or "suit" under this
obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an
Offense, Claim Or Suit additional insured, such additional insured
a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the
other insurer for defense and Indemnity.
You or any additional insured must see to However, this provision does not apply to
it that we are notified as soon as the extent that you have agreed in a
practicable of an "occurrence" or an written contract, written agreement or
offense which may result in a claim. To permit that this Insurance is primary and
the extent possible, notice should include: non-contributory with the additional
(1) How, when and where the "occurrence" insured's own insurance,
or offense took place; f. Knowledge Of An Occurrence, Offense,
(2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and Paragraphs a. and b. apply to you or to
(3) The nature and location of any injury any additional insured only when such
or damage arising out of the "occurrence", offense, claim or "suit" is
"occurrence"or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is
If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional
insured must: insured Is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional
claim or "suit" and the date received; insured is a limited liability company;
and (4) Any "executive officer" or insurance
(2) Notify us as soon as practicable. manager, if you or an additional
You or any additional insured must see to insured is a corporation;
it that we receive a written notice of the (5) Any trustee, if you or an additional
claim or"suit" as soon as practicable. insured is a trust; or
c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you
Insured or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
52 S BA 115662
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to (3) We have issued this policy in reliance
you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose
a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fail to disclose
the provisions of any motor vehicle all hazards relating to the conduct of your
financial responsibility law, the insurance business at the inception date of this
provided by the policy for "bodily injury" Coverage Part, we shall not deny any
liability and "property damage" liability will coverage under this Coverage Part
comply with the provisions of the law to because of such failure,
the extent of the coverage and limits of 7. Other Insurance
insurance required by that law.
If other valid and collectible insurance is
b. With respect to "mobile equipment" to available for a loss we cover under this
which this insurance applies, we will Coverage Part, our obligations are limited as
provide any liability, uninsured motorists, follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle a. Primary Insurance
law, We will provide the required limits for This insurance is primary except when b.
those coverages. below applies. If other insurance is also
4. Legal Action Against Us primary, we will share with all that other
No person or organization has a right under insurance by the method described In c.
below.
this Coverage Form:
b. Excess Insurance
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an This insurance is excess over any of the
insured; or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless contingent or on any other basis:
all of its terms have been fully complied (1) Your Work
with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or
on an agreed settlement or on a final judgment similar coverage for"your work'
against an insured; but we will not be liable for (2) Premises Rented To You
damages that are not payable under the terms of That is fire, lightning or explosion
this insurance or that are in excess of the insurance for premises rented to you
applicable limit of insurance. An agreed or temporarily occupied by you with
settlement means a settlement and release of permission of the owner;
liability signed by us, the insured and the
claimant or the claimant's legal representative. (3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to
cover your liability as a tenant for
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned .,property damage" to premises rented
t
in this policy to the first Named Insured, this with
you or temporarily occupied by you
insurance applies: wth permission of the owner;
a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft
Named Insured; and If the loss arises out of the maintenance
b. Separately to each insured against whom or use of aircraft, "autos" or watercraft to
a claim is made or"suit" is brought. the extent not subject to Exclusion g. of
Section A.—Coverages.
6. Representations (5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators
By accepting this policy, you agree: If the loss arises out of "property
(1) The statements in the Declarations damage" to borrowed equipment or
are accurate and complete; the use of elevators to the extent not
(2) Those statements are based upon subject to Exclusion k. of Section A. —
representations you made to us, and Coverages.
Page 16 of 24 Form SS 00 08 04 05
52SBA115662
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other
Additional Insured To Other insurance, we will pay only our share of
Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of:
you covering liability for damages (1) The total amount that all such other
arising out of the premises or insurance would pay for the loss in the
operations, or products and completed absence of this insurance, and
operations, for which you have been (2) The total of all deductible and self-
added as an additional insured by that insured amounts under all that other
insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, If any, with
Additional Insured To This any other insurance that is not described in
Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the
additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part.
apply to other insurance available to c. Method Of Sharing
any person or organization who is an If all the other insurance permits
additional insured under this Coverage contribution by equal shares, we will follow
Part: this method also. Under this approach,
(a) Primary Insurance When each Insurer contributes equal amounts
Required By Contract until It has paid its applicable limit of
This insurance is primary if you Insurance or none of the loss remains,
have agreed In a written contract, whichever comes first.
written agreement or permit that If any of the other insurance does not permit
this insurance be primary. If other contribution by equal shares, we will
insurance Is also primary, we will contribute by limits. Under this method, each
share with all that other insurance insurer's share is based on the ratio of its
by the method described in c. applicable limit of insurance to the total
below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against
To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or
contract, written agreement or part of any payment, including
permit that this Insurance is Supplementary Payments, we have made
primary and non-contributory with under this Coverage Part, those rights are
the additional insured's own transferred to us. The insured must do
insurance, this insurance is nothing after lass to impair them. At our
primary and we will not seek request, the insured will bring "suit" or
contribution from that other transfer those rights to us and help us
insurance. enforce them. This condition does not
Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage.
other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver
insured has been added as an Of Subrogation)
additional insured. If the insured has waived any rights of
When this insurance is excess, we will recovery against any person or
have no duty under this Coverage Part to organization for all or part of any payment,
defend the insured against any "suit" if any Including Supplementary Payments, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit". If no other also waive that right, provided the insured
insurer defends, we will undertake to do waived their rights of recovery against
so, but we will be entitled to the insured's such person or organization In a contract,
rights against all those other insurers. agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
52 S BA 115662
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise
COVERAGES WHO IS AN INSURED under Section C. is
If listed or shown as applicable in the Declarations, amended to include as an additional insured
one or more of the following Optional Additional the person(s) or organization(s) shown in the
Insured Coverages also apply. When any of these Declarations as an Additional Insured -
Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to
Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you.
by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased
of Section C., Who Is An Insured, does not apply Equipment
to the person or organization shown in the a. WHO IS AN INSURED under Section C. is
Declarations. These coverages are subject to the amended to include as an additional
terms and conditions applicable to Business insured the person(s) or organization(s)
Liability Coverage in this policy, except as shown in the Declarations as an Additional
provided below: Insured — Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for "bodily
Organization injury', "property damage" or "personal
WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or
amended to include as an additional insured in part, by your maintenance, operation or
the person(s) or organization(s) shown in the use of equipment leased to you by such
Declarations, but only with respect to liability person(s) or organization(s).
for "bodily injury", "property damage" or b. With respect to the insurance afforded to
"personal and advertising injury" caused, in these additional insureds, this insurance
whole or in part, by your acts or omissions or does not apply to any 'occurrence" which
the acts or omissions of those acting on your takes place after you cease to lease that
behalf: equipment.
a. In the performance of your ongoing 5. Additional Insured - Owners Or Other
operations; or Interests From Whom Land Has Been
b. In connection with your premises awned Leased
by or rented to you. a. WHO IS AN INSURED under Section C. is
2. Additional Insured - Managers Or Lessors amended to include as an additional
Of Premises insured the person(s) or organization(s)
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is Insured —Owners Or Other Interests From
amended to include as an additional insured Whom Land Has Been Leased, but only
the person(s) or organization(s) shown in the with respect to liability arising out of the
Declarations as an Additional Insured - ownership, maintenance or use of that part
Designated Person Or Organization, but only of the land leased to you and shown in the
with respect to liability arising out of the Declarations.
ownership, maintenance or use of that part of
b. With respect n the insurance afforded to
the premises leased to you and shown in the
D these additional insureds, the following
Declarations.
additional exclusions apply:
b. With respect to the insurance afforded to
these additional insureds, the following This insurance does not apply to:
additional exclusions apply: (1) Any 'occurrence" that takes place
This insurance does not apply to: after you cease to lease that land, or
(1) Any 'occurrence" which takes place (2) Structural alterations, new
after you cease to be a tenant in that construction or demolition operations
premises; or performed by or on behalf of such
person or organization.
(2) Structural alterations, new
6. Additional Insured - State Or Political
construction or demolition operations
Subdivision —Permits
performed by or on behalf of such
person or organization. a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form SS 00 08 04 05
52 S BA 115662
BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision - (e) Any failure to make such
Permits, but only with respect to inspections, adjustments, tests or
operations performed by you or on your servicing as the vendor has agreed
behalf for which the state or political to make or normally undertakes to
subdivision has issued a permit. make in the usual course of
In. With respect to the insurance afforded to business, in connection with the
these additional insureds, the following distribution or sale of the products;
additional exclusions apply: (f) Demonstration, installation,
This insurance does not apply to: servicing or repair operations,
except such operations performed
(1) "Bodily injury", "property damage" or at the vendor's premises In
"personal and advertising injury" connection with the sale of the
arising out of operations performed for product,
the state or municipality, or
(g) Products which, after distribution
(2) "Bodily injury" or "property damage" or sale by you, have been labeled
included in the "product-completed or relabeled or used as a
operations" hazard. container, part or ingredient of any
7. Additional Insured—Vendors other thing or substance by or for
a. WHO IS AN INSURED under Section C. is the vendor; or
amended to include as an additional (h) "Bodily injury" or "property
insured the person(s) or organization(s) damage" arising out of the sale
(referred to below as vendor) shown in the negligence of the vendor for its
Declarations as an Additional Insured - own acts or omissions or those of
Vendor, but only with respect to "bodily its employees or anyone else
injury" or "property damage" arising out of acting on its behalf. However, this
"your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's (i) The exceptions contained in
business and only if this Coverage Part Subparagraphs (d) or(f); or
provides coverage for "bodily injury" or
"property damage" included within the (ii) Such inspections,
"products-completed operations hazard", adjustments, tests or servicing
as the vendor has agreed to
b. The insurance afforded to the vendor is make or normally undertakes
subject to the following additional exclusions: to make in the usual course of
(1) This insurance does not apply to: business, in connection with
(a) "Bodily injury" or "property the distribution or sale of the
damage" for which the vendor is products.
obligated to pay damages by (2) This insurance does not apply to any
reason of the assumption of insured person or organization from
liability in a contract or agreement. whom you have acquired such
This exclusion does not apply to products, or any ingredient, part or
liability for damages that the container, entering into,
vendor would have in the absence accompanying or containing such
of the contract or agreement; products.
(b) Any express warranty 8. Additional Insured —Controlling Interest
unauthorized by you, WHO IS AN INSURED under Section C. is
(c) Any physical or chemical change amended to include as an additional insured
in the product made intentionally the persons) or organizations) shown in the
by the vendor, Declarations as an Additional Insured —
(d) Repackaging, unless unpacked Controlling Interest, but only with respect to
solely for the purpose of inspection, their liability arising out of:
demonstration, testing, or the a. Their financial control of you; or
substitution of parts under b. Premises they awn, maintain or control
instructions from the manufacturer, while you lease or occupy these premises.
and then repackaged in the original
container;
Form SS 00 08 04 05 Page 19 of 24
52SHA115552
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural The limits of insurance that apply to additional
alterations, new construction and demolition insureds are described in Section D. — Limits Of
operations performed by or for that person or Insurance.
organization. How this insurance applies when other insurance
9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in
Contractors — Scheduled Person Or the Other Insurance Condition in Section E. —
Organization Liability And Medical Expenses General
a. WHO IS AN INSURED under Section C. Is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES
insured the person(s) or organization(s) DEFINITIONS
shown in the Declarations as an Additional
Insured — Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public
but only with respect to liability for "bodily dissemination of information or images that
injury", "property damage" or "personal has the purpose of inducing the sale of goods,
and advertising injury" caused, in whole or products or services through.
in part, by your acts or omissions or the a. (1) Radio,
acts or omissions of those acting on your (2) Television;
behalf: (3) Billboard,
(1) In the performance of your ongoing (4) Magazine;
operations for the additional
i (5) Newspaper;
nsured(s); or
(2) In connection with "your work" b. The Internet, but only that part of a web
performed for that additional insured site that is about goods, products or
and included within the "products- services for the purposes of inducing the
completed operations hazard", but sale of goods, products or services; or
only if this Coverage Part provides c. Any other publication that is given
coverage for "bodily injury" or widespread public distribution.
"property damage" included within the However, "advertisement" does not include:
"products-completed operations a. The design, printed material, information
hazard or images contained in, on or upon the
b. With respect to the insurance afforded to packaging or labeling of any goods or
these additional insureds, this insurance products; or
does not apply to "bodily injury", "property I An interactive conversation between or
damage" or "personal an advertising among persons through a computer network.
injury" arising out of the rendering of, or
the failure to render, any professional 2• "Advertising idea" means any idea for an
architectural, engineering or surveying "advertisement".
services, including: 3. "Asbestos hazard" means an exposure or
(1) The preparing, approving, or failure to threat of exposure to the actual or alleged
prepare or approve, maps, shop properties of asbestos and includes the mere
drawings, opinions, reports, surveys, presence of asbestos in any form.
field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or
drawings and specifications; or semi-trailer designed for travel on public
(2) Supervisory, inspection, architectural roads, including any attached machinery or
or engineering activities, equipment. But "auto" does not include
10. Additional Insured — Co-Owner Of Insured "mobile equipment".
Premises 5. "Bodily injury" means physical
WHO IS AN INSURED under Section C. is a. Injury;
amended to include as an additional insured b. Sickness; or
the person(s) or Organization(s) shown in the c. Disease
Declarations as an Additional Insured — Co-
Owner Of Insured Premises, but only with sustained by a person and, if arising out of the
respect to their liability as co-owner of the above, mental anguish or death at any time.
premises shown in the Declarations. 6. "Coverage territory" means.
Page 20 of 24 Form SS 00 08 04 05
52SBA115662
BUSINESS LIABILITY COVERAGE FORM
a. The United States of America (including Its b. You have failed to fulfill the terms of a
territories and possessions), Puerto Rico contract or agreement',
and Canada; if such property can be restored to use by:
b. International waters or airspace, but only if a. The repair, replacement, adjustment or
the injury or damage occurs in the course removal of "your product" or "your work";
of travel or transportation between any or
places included in a. above; b. Your fulfilling the terms of the contract or
c. All other parts of the world if the injury or agreement.
damage arises out of:
12. "Insured contract" means:
(1) Goods or products made or sold by you
e, a. A contract for ti lease of premises.
in the territory described in a.abov
However, that portion of the contract for a
(2) The activities of a person whose home lease of premises that indemnifies any
is in the territory described in a. person or organization for damage by fire,
above, but is away for a short time on lightning or explosion to premises while
your business; or rented to you or temporarily occupied by
(3) "Personal and advertising injury" you with permission of the owner is
offenses that take place through the subject to the Damage To Premises
Internet or similar electronic means of Rented To You limit described in Section
communication D. — Liability and Medical Expenses Limits
provided the insured's responsibility to pay of Insurance.
damages is determined in the United States of b. A sidetrack agreement;
America (including its territories and c. Any easement or license agreement,
possessions), Puerto Rico or Canada, in a including an easement or license
"suit" on the merits according to the agreement in connection with construction
substantive law in such territory, or in a or demolition operations on or within 50
settlement we agree to. feet of a railroad;
7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance,
programs: to indemnify a municipality, except In
a. Stored as or cm, connection with work for a municipality;
b. Created or used on; or e. An elevator maintenance agreement; or
c. Transmitted to or from f. That part of any other contract or
computer software, including systems and agreement pertaining to your business
applications software, hard or floppy disks, (including an indemnification of a
CD-ROMS, tapes, drives, cells, data municipality in connection with work
processing devices or any other media which performed for a municipality) under which
are used with electronically controlled you assume the tort liability of another
equipment. party to pay for "bodily injury" or"property
8. "Employee" includes a "leased worker". damage" to a third person or organization,
" provided the "bodily injury" or "property
Employee" does not include a "temporary
worker". damage" is caused, in whole or in part, by
you or by those acting on your behalf.
9. "Executive officer" means a person holding Tort liability means a liability that would be
any of the officer positions created by your imposed by law in the absence of any
charter, constitution, by-laws or any other contract or agreement.
similar governing document. Paragraph f. includes that part of any
10. "Hostile fire" means one which becomes contract or agreement that indemnifies a
uncontrollable or breaks out from where it was railroad for "bodily injury" or "property
intended to be. damage" arising out of construction or
11. "Impaired property" means tangible property, demolition operations within 50 feet of any
other than "your product" or "your work", that railroad property and affecting any railroad
cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel,
a. It incorporates "your product" or "your work" underpass or crossing.
that is known or thought to be defective, However, Paragraph f. does not include
deficient, inadequate or dangerous; or that part of any contract or agreement:
Form SS 00 08 04 05 Page 21 of 24
52SBA115662
BUSINESS LIABILITY COVERAGE FORM
(1) That indemnifies an architect, (1) Power cranes, shovels, loaders,
engineer or surveyor for injury or diggers or drills; or
damage arising out of: (2) Road construction or resurfacing
(a) Preparing, approving or falling to equipment such as graders, scrapers
prepare or approve maps, shop or rollers;
drawings, opinions, reports, e. Vehicles not described in a., b., c., or d.
surveys, field orders, change above that are not self-propelled and are
orders, designs or drawings and maintained primarily to provide mobility to
specifications; or permanently attached equipment of the
(b) Giving directions or instructions, following types:
or failing to give them, if that Is the (1) Air compressors, pumps and
primary cause of the injury or generators, including spraying,
damage; or welding, building cleaning,
(2) Under which the Insured, if an geophysical exploration, lighting and
architect, engineer or surveyor, well servicing equipment, or
assumes liability for an injury or (2) Cherry pickers and similar devices
damage arising cut of the insured's used to raise or lower workers;
rendering or failure to render
professional services, including those f. Vehicles not described a.,
listed in (1) above and supervisory, above maintained primarily forr purposes
or d.
other than the transportation of persons or
inspection, architectural or
engineering activities. cargo.
13. "Leased worker" means a person leased to However, self-propelled vehicles with the
following types of permanently attached
you by a labor leasing firm under an
equipment are not "mobile equipment" but
agreement between you and the labor leasing
will be considered "autos":
firm, to perform duties related to the conduct of
your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds
include a "temporary worker". gross vehicle weight, designed
14. "Loading or unloading" means the handling of primarily for:
property: (a) Snow removal;
a. After it is moved from the place where it is (b) Road maintenance, but not
accepted for movement into or onto an construction or resurfacing, or
aircraft, watercraft or"auto'; (c) Street cleaning;
b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices
"auto" or mounted on automobile or truck
c. While it is being moved from an aircraft, chassis and used to raise or lower
watercraft or "auto" to the place where it is workers; and
finally delivered; (3) Air compressors, pumps and
but "loading or unloading" does not include the generators, including spraying,
movement of property by means of a mechanical welding, building cleaning,
device, other than a hand truck, that is not geophysical exploration, lighting and
attached to the aircraft, watercraft or"auto". well servicing equipment.
15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including
types of land vehicles, including any attached continuous or repeated exposure to substantially
machinery or equipment: the same general harmful conditions.
a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury,
other vehicles designed for use principally including consequential "bodily injury", arising
off public roads; out of one or more of the following offenses:
b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment;
next to premises you own or rent; b. Malicious prosecution;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
Page 22 of 24 Form SS 00 08 04 05
52SBA115662
BUSINESS LIABILITY COVERAGE FORM
c. The wrongful eviction from, wrongful entry Work that may need service, maintenance,
into, or invasion of the right of private correction, repair or replacement, but
occupancy of a room, dwelling or which is otherwise complete, will be
premises that the person occupies, treated as completed.
committed by or on behalf of its owner, The "bodily injury" or "property damage"
landlord or lessor; must occur away from premises you own
d. Oral, written or electronic publication of or rent, unless your business includes the
material that slanders or libels a person or selling, handling or distribution of "your
organization or disparages a person's or product" for consumption on premises you
organization's goods, products or services; own or rent.
a. Oral, written or electronic publication of b. Does not include "bodily injury" or
material that violates a person's right of "property damage" arising out of:
privacy, (1) The transportation of property, unless
f. Copying, in your "advertisement", a the injury or damage arises out of a
person's or organization's "advertising condition in or on a vehicle not owned
idea" or style of"advertisement" or operated by you, and that condition
g. Infringement of copyright, slogan, or title of was created by the "loading or
any literary or artistic work, in your unloading" of that vehicle by any
"advertisement", or insured; or
h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled
injury to the feelings or reputation of a equipment or abandoned or unused
natural person. materials.
18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage" means:
thermal irritant or contaminant, including smoke, a. Physical injury to tangible property,
vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that
waste. Waste includes materials to be recycled, property. All such loss of use shall be
reconditioned or reclaimed. deemed to occur at the time of the
19. "Products-completed operations hazard"; physical injury that caused it; or
a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not
damage" occurring away from premises physically injured. All such loss of use
you own or rent and arising out of "your shall be deemed to occur at the time of
product" or"your work" except: "occurrence" that caused it.
(1) Products that are still in your physical As used in this definition, "electronic data" is
possession; or not tangible property.
(2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which
or abandoned. However, "your work" damages because of "bodily injury", "property
will be deemed to be completed at the damage" or "personal and advertising injury"
earliest of the following times: to which this insurance applies are alleged,
(a) When all of the work called for in "Suit" includes:
your contract has been completed, a. An arbitration proceeding in which such
damages are claimed and to which the
(b) When all of the work to be done at
insured must submit or does submit with
he job site has been completed if
your contract calls for work at our consent; or
more than one job site. b. Any other alternative dispute resolution
(c) When that part of the work done at proceeding in which such damages are
a job site has been put to its claimed and to which the insured submits
intended use by any person or with our consent.
organization other than another 22. "Temporary worker" means a person who is
contractor or subcontractor furnished to you to substitute for a permanent
working on the same project. "employee" on leave or to meet seasonal or
short-term workload conditions.
23. "Volunteer worker" means a person who:
a. Is not your"employee"
Form SS 00 08 04 05 Page 23 of 24
52SBA115662
BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work; (2) The providing of or failure to provide
c. Acts at the direction of and within the warnings or instructions.
scope of duties determined by you; and c. Does not include vending machines or
d. Is not paid a fee, salary or other other property rented to or located for the
compensation by you or anyone else for use of others but not sold.
their work performed for you, 25. "Your work':
24. "Your product": a. Means:
a. Means: (1) Work or operations performed by you
(1) Any goods or products, other than real or on your behalf; and
property, manufactured, sold, handled, (2) Materials, parts or equipment
distributed or disposed of by: furnished in connection with such work
(a) You; or operations.
(b) Others trading under your name; b. Includes:
or (1) Warranties or representations made at
(c) A person or organization whose any time with respect to the fitness,
business or assets you have quality, durability, performance or use
acquired, and of"your work` and
(2) Containers (other than vehicles), (2) The providing of or failure to provide
materials, parts or equipment warnings or instructions.
furnished in connection with such
goods or products.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of"your product'; and
Page 24 of 24 Form SS 00 08 04 05
City of Kent
Business License
DAVID A CLARK ARCHITECTS, PLLC
33017 134TH AVE SE
AUBURN,WA 98092
Y
l+strn calper��rr
—. —————————
l sales
BUSINESS LICENSE Per use tax 14 be
acoded
and use tax must be coded
LICENSE MUST RAW ANNUALLY BY No.1715 for all qualified
JANUARY 1st TO AVOW PENALTY sales within the city of
I{ent.
Issuance of,License Does Not Imply Licensee's
Compliance-with State and Local Laws
iA
THIS LICENSE MUST BE POSTED INA CONSPICUOUS 01
PLACE..NOT TRANSFEIZABLE.OR ASSIGNABLE
NAME AND ADDRESS OF BUSINESS
BLOC-2120209 J
DAVID A CLARK ARCHITECTS,PLLC MAYOR-
33017 134TH AVE SE Tax Registration The City Of Kent
AUBURN, WA 98092 „ 'Endorsement AI N041HAVES0
/
/
/
/ /
/
/
i
/ r
/
v / 01
/ /" ✓ /// �/// it i l ' /� /%7n/�i'.roi
HOM
'�
%
J
/
/
/
/
/
/
/
/
/
/
r /
/
/
/
i
/
/
/
/
/
a /
c
I Clary, Nancy
From: Schuck, Christina
Sent: Monday, January 28, 2019 2:31 PM
To: Clary, Nancy
Subject: RE: Consulting Services Agreement
Nancy,
Here is how you can respond to this request:
The Caw Department advised me that typically we do not entertain any requests to amend
the City's standard indemnification provisions, We cannot accept the changes you
proposed, but we will agree to use the phrase "to the extent resulting from" the
Consultant's performance of this Agreement.
Please let me know if you have any questions or concerns.
Christina
From: Clary, Nancy
Sent: Monday, January 28, 2019 8:08 AM
To: Schuck, Christina
Subject: Consulting Services Agreement
Christina,
I sent a copy of the Consulting Services Agreement to David A Clark Architects to determine if they are ok using our
contract rather than their AIA contract. They seem to fine except for a comment made by their insurance company under
the Indemnification section (please see attached). I also sent them the Exhibit B Insurance Requirements for Consultant
Services Agreements and they are ok with those requirements. Are we ok with the change of verbiage they are
requesting in the Indemnification section.
Thank you,
Nancy
Nancy Clary, Operations Analyst
Facilities Management I Parks, Recreation and Community Services
400 West Gowe, Kent, WA 98032
Main 253-856-5080 I Direct 253-856-5084
Ira Y_C C✓Wav
CITY OF KENT, WASHINGTON
KentWA.gOV Facebook11 1YouTube
1