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HomeMy WebLinkAboutCAG2020-055 - Original - Longobart-Ross Consulting, Inc - Fleet Mangament Practices - 02/11/2020 Agreement Routing Form ��. KEN T For Approvals, Signatures and Records Management WA$NiN GiON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Ron Green Department: Public Works Date Sent: 1/21/20 Date Required: 1/28/20 > Authorized ❑ Director or Designee Date of o N/A a to Sign: Council C Mayor Approval: Budget 51005540.64190.7210 Grant? Yes ❑✓ No Account Number: Type: N/A Vendor or Name: Longobart-Ross Consulting, Inc. Cate 9 Y� Contract c Vendor . 2221147 Sub-Category o Number: E Project Fleet Management Practices Name: 0 Project Analyze the City's fleet management practices and policies. Details: c Agreement $43 300 Basis for y Amount: Selection of RFP Contractor. aL Start Date: Mayor's signature OZ �� Z0� Termination Date: 9/1/20 Notice required prior to Yes No Contract Number: disclosure? an IM44ey Comments: oti c o � E �A1IV DEPT. RECEIVED Date Routed to the Mayor's Office: in •a Date Routed to the City Clerk's Office: City of Kent 9 Office of the Mayor cc Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_14 KENT wAsII r� CONSULTANT SERVICES AGREEMENT between the City of Kent and Longobart-Ross Consulting, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Longobart-Ross Consulting, Inc. organized under the laws of the State of California, located and doing business at PO Box 1526, Big Bear Lake, CA 92315, Phone: (949) 943-0023, Contact: Cynthia Ross (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: The Consultant shall analyze the City of Kent's fleet management practices and policies. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 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 by September 1, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Three Thousand, Three Hundred Dollars ($43,300), 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 not related 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, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with 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 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. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, 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. Recyclable Materials. 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. Non-Waiver of Breach. 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. Resolution of Disputes and Governing Law. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 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 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. Written Notice. 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. Assignment. 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. Modification. 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. Entire Agreement. 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. Compliance with Laws. 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. Public Records Act. 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. J. City Business License Required. 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Signatures by Fax or Email. 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 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: I ! y: Do"rn'yd-31 (signature) {signature} Print Name: Cynthia Ross Print Name:_ Dana Ralph Its Presi dent Its Ma or (title) I DATE: January 15. 2020 DATE: 6L Q NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Cynthia Ross Timothy J. LaPorte, P.E. Longobart-Ross Consulting, Inc. City of Kent PO Box 1526 220 Fourth Avenue South Big Bear Lake, CA 92315 Kent, WA 98032 (949) 943-0023 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: 7 Kent Law Department ATTEST: Kent City Clerk Longohart-floss-Fleet Mgmt/Green 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. y: Consultant Services Agreement City of Kent and For: Longobart-Ross Consulting Title: President Date: January 15020 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY 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 f r 1 I EXHIBIT A ENT WASH I N G T b N CITY OF KENT PUBLIC WORKS - FLEET SERVICES ANALYSIS OF THE CITY OF KENT'S FLEET MANAGEMENT PRACTICES AND POLICIES LONGOBART-ROSS CONSULTING Fleet Management Consultants 19-1188 October 18, 2019 CCL817tIBB�'1S r<. Table of Contents COVERLETTER...................................................................................................................... 3 PAGE1 OF RFP............................................................................................. ......................_. 5 ORGANIZATIONAL OVERVIEW LONGOBART-ROSS CONSULTING............ .......... ....................... 6 ABOUTLRC...................................................................................................... .................... 6 OURVALUES................................................................................... .....................,.....,...... 6 PROJECTTEAM MEMBERS......................................................-.......................,..........,.,.,........ 7 RICKLONGOBART............................................................................._...................,......,.... 7 CYNTHIAROSS................................................................................. .. ........... ..........,.._...... 8 PABLOSAN GABRIEL...........................................................................,..,,...,..,.................... 8 PARTNERSISUB-CONSULTANTS.......................................................................... .................... 8 SPECIFIC PROJECT EXPERIENCE—................................................. .........—...... .............. 9 LISTOF REFERENCES ........................................................................................................... 10 TECHNICAL PROPOSAL COMPONENTS..................................................... ............................ 11 EXECUTIVESUMMARY....................................................................................................... 1 1 DESCRIPTION OF WORK AND SCOPE OF WORK.................................................................. 1 1 DETAILEDWORK PLAN ..................................................................................................... is ANY OTHER INFO NECESSARY TO ADDRESS REQUESTS OF THIS RFP...............................,... 16 COSTPROPOSAL.................... .......................................................... ... ... —..... ............... 16 EXHIBITA - GANTT CHART.................................................................................................. 17 2 1 P a g e Longobart - Ross 949 . 943 0023 a1Q�i�Jr��� Octobcr 18, 2019 U 'J City of Kent, Washington -6 220 4th Avenue South Kent, WA 98032-5895 ATTN: Ron.Green z RE: Analysis of the City of Kent's Fleet Management Practices and Policies LU LRC Fleet Analysis#19-1188 Dear Mr. Green, w Our thorough understanding of this project is detailed in the Executive Summary of the Z UJ proposal. LRC's heavy involvement in fleet management organizations, (NAFA, MEMA, Fleetpros)and our attendance at conferences throughout the country, has kept us abreast of anything changing within the industry's best practices. LRC was one of the three judges for the 100 Best Fleet's 2019 national program and w reviewed over 100 fleet applications. This allowed LRC to learn cutting-edge programs, technology and best practices that are being used by the best fleets in the USA and o Canada. z Our collaborative approach involves learning all we can from your executive team,the � eight department customer reviews,the three public agency comparisons and the threeUJ private fleet organizations we will be examining. This concerted effort will ensure LRC recommendations match or exceed your goals for streamlining operations and developing o long-term plans to guide future procurement strategies and funding needs for the City's °- internal departments while maintaining adequate reserves for vehicle replacement > funding. o 0 LRC has priced this proposal in five phases. This will allow the City to pay as V) deliverables are completed. This approach also allows the necessary time for the City toUJ digest and review individual reports as completed vs. having so much information to W review at one time.At the end of Phase Five,a final report compiling all reports into a N sectioned document will be provided electronically. Should combining two phases be desired,that would be considered by LRC. RICK LONGOBART 949.943.0334 RICK, LONGOBART-ROSS.COM C:YNTHIA ROSS 949.943.0023 C'Y-'HIA,i�?I.,ONGOBAR'1'-ROSS.COM Analysis of the City of Kent's Fleet Management Practices and Policies Longobart-Ross Proposal No. 19-1188 October 18,2016 Page 2 of 2 Using industry best practices,LRC developed proprietary software that determines the optimal time for replacing vehicles and equipment. It is called PROFIT$. Throughout this proposal we will refer to the reports that will be provided to address deliverables throughout this RFP.NOTE: PROFIT$utilizes proprietary algorithms for determining a variety of reports. We will not be referring to PROFIT$within this proposal. Instead we will be discussing the reports it provides and how each report addresses a deliverable and provides short and long-term benefits to the City of Kent. In closing,please rest assured we will do our best to deliver a final report that achieves your goals and exceeds your expectations. Feel free to contact me with any questions. We look forward to meeting you and your team personally one day soon. Warm regards, Cynthia Ross President RICK LONGOBART 949.943.0334 RICK!dLONOOBART-ROSS.COM CYNTHIA ROSS 949.943.0023 CYNT'HIA�a`LON(;ORAR'Td2O5S.COM 1 0/1 612 01 9 Fleet Management Practices and Policies RFP I Bids/ProcuremenURFPs I City of Kent Bids/Procurement/RFPs Fleet Management Practices and Policies RFP Department: Public Works Engineering RFP Number: Fleet Start Date: 09/18/2o19 6:u am Close Date: 10/21/2019 4:00 pm City of Kent Request for Proposals (RFP) Analysis of the City Of K:ent's Fleet Management Practices and Policies Proposals Due October 21, 2019 Proposal: The City of Kent,Washington(City) is seeking proposals for a consultant(s)to perform a comprehensive analysis of the City's fleet management,practices, and policies with the goal of identifying industry best practices and implementing them into current operations. City requires the Proposer to sign and return the entire Request for Prop sal(RFP)document and submit 3 sets of qualifications by mail or deliver no later than q.:oo p.m.on October 21st, 2019. Proposals must be clearly marked "Proposal"with the name of the project on the outside of the envelope addressed to the City Clerk, 220 4th Avenue South, Kent,WA 98032-5895. Only sealed proposals will be accepted. Questions on RFP: Proposers will be required to submit any questions in writing prior to the close of business October 4th, 2oig in order for staff to prepare any response required to be answered by Addendum.Questions are best received and most quickly responded to when sent via e-mail directly to the Coordinator,Ron Green at RGrten@)KenLWA.gov. Published in Daily Journal of Commerce on September 18 and 25,2019. Return tofult list» k https://www.kentwa.gov/Home/Components/RFP/RFP/1220/584 1!1 ORGANIZATIONAL OVERVIEW LONGOBART-ROSS CONSULTING ABOUT LRC Rick Longobart, prior Fleet manager after 32 years, started Longobart-Ross Consulting, Inc. with Cynthia Ross on December 23, 2013. OUR VALUES A solid commitment to integrity; Honesty in all endeavors; An ongoing dedication to provide the most innovative technologies; A foundation built upon hearing our City's needs; Providing and gaining education as the channel for continual growth and improvement; and an allegiance to all those we work with to do all we can to assist them in overall success and financial evolution. RICK D. LONGOBART Vice President I Principal Involved in the Fleet industry for 32 years, Rick led the City of Santa Ana Fleet to 3rd Best Fleet overall, #1 Mid-Size Fleet in the country, and 9th on 100 Best and Greenest Fleet in the Nation in 2014. A member of(MEMA) for 29 years, he was President for ten. He's past chair of the NAFA Pacific Southwest Chapter. Rick is a highly accomplished management professional with proven leadership skills and a track record of award-winning performance in the public service sector of Public Works handling Fleet, facility, street maintenance, solid waste management and custodial services. He possesses an extensive background in budgeting, equipment replacement, capital improvements and management of internal service funds using lifecycle cost analysis, real-time operating charges and cooperative agreements for purchase of products and services. Rick excels at the development and implementation of cost containment strategies and at dramatically improving operations through institution of creative solutions. He demonstrates ability in successful representation of division to governing bodies and in the management of hazardous materials. CYNTHIA ROSS President { Principal Cynthia came from the private sector in December of 2013. As a strategic planner, she co-authored equipment replacement software and became instrumental in providing solutions to fleets seeking a more efficient operation. She is the company's Project Manager. Her phenomenal communication skills allow her to go below the surface of external challenges. Combining this knowledge with the thorough understanding of a fleet's current practices and their goals, she is then able to provide prudent solutions that result in a written plan toward the achievement of a more efficient operation. Her prudent accounting practices, ability to hit milestones, cost control and performance within budget allocations allows her to oversee projects ensuring all City goals are met and exceeded. Cynthia manages all collaboration between subcontractors, City, organization and others involved in the project. 61Paye Longobart - Ross 949 943 . 0023 PROJECT TEAM MEMBERS RICK LONGOBART Rick would be acting as the Lead utilizing his 32 years of experience in managing fleets and facilities. Rick was recruited to lead turn-around efforts for the City of Inglewood then the City of Santa Ana. He has managed as much as $1 1 million in operational costs in order to modernize and improve efficiency to the City's facilities, fleet and central warehouse operations. Some of his responsibilities included managing supervisory staff engaged in the repair and maintenance of fleet and equipment, managing staffing size, facility size, and the design and layout of the operation. This included managing funds, policies and procedures; preparing bid specifications; analyzing functions and negotiating repair cost estimates as well as equipment purchase quotes. He provided authority for operations up to $1 1 million in the operating budget and $50 million of fixed assets. Mr. Longobart' s formal education, background and experience have provided him with in-depth knowledge needed to understand fleet facility operations, modernization, and technologies. He developed policies and procedures that were compliant with current industry standards that fell within federal, state and local regulations. Rick has expertise in municipal government, specifically in fleet and facility management, staff reorganization and implementing best procedures for the operation. This is completed by identifying staff rightsizing, technician ratio to vehicle units, Vehicles Equivalent Units (VEU), establishing and creating administrative fleet organizations, budgeting cost of operation, and facility modernization through site assessment. In addition, Rick has created strict repair and maintenance standards for each class of vehicle and hierarchy service intervals. He has completed these efforts for the following cities: City of Santa Ana, CA City of Inglewood, CA City of El Segundo, CA He possesses an extensive background in budgeting, equipment replacement, capital improvements and management of internal service fund using lifecycle cost analysis, real-time operating charges and cooperative agreements for purchase of products and services. Rick excels at the development and implementation of cost containment strategies and at dramatically improving operations through the institution of creative solutions. He demonstrates ability in successful representation of division to governing bodies, fleet sizing, fleet replacement, fleet maintenance, creating effective policies, utilization of benchmarking standards earning the fleets he has represented numerous awards, implementing cutting-edge technologies, creating and implementing leadership methods and implementation of sustainability practices, including alternative fuel use. 7 , PROJECT TEAM MEMBERS CONTINUED CYNTHIA ROSS Cynthia Ross came from the private sector in December of 2013. Cynthia collaborates with experts to write policies that take into consideration methodology used among leaders in the industry. She has co-managed projects since December of 2013 and was co-author of a proprietary software that determines optimal equipment replacement. Throughout projects, Cynthia coordinates all aspects of the project. This includes the establishment of milestones, performance within budget allocations, prompt communication, scheduling of project, coordinating City and LRC calendars, coordination of site visit and interviews as well as the agenda for the site visit and the five-phase project. Cynthia will be coordinating the public and private sector City call lists with City. Her communication skills are utilized through the development of interview questions as well as her involvement in the interviews. Cynthia writes in a style that is concise and easy to understand. Reports are fresh and provide accurate information detailing as much insight as possible in order to provide a hands-on report that may be used on an on-going basis. PABLO SAN GABRIEL Mr. San Gabriel is an experienced problem solver and solutions developer for several industries as diverse as national call centers, event management, accounting, statistical solutions and stock market analysis. Companies and organizations benefiting from his innovative solutions development include Raymond James, Energy Northwest, Defense Logistics Agency, CITI Global, Columbia University, Barclays Capital, 14 Trading, Unilever, Areserve, UCEDA Language Institute, Seagate Direct, Winged Keel Group, Control Point Solutions, FP International and many Fortune S00 companies. Pablo has developed analytical tools in nearly all environments: from desktop applications to web-based solutions for commercial operations, Department of Defense and non-profit organizations. He specializes in custom development of Microsoft Office applications, and actualization or migration of legacy VBA projects to ASP.NET MVC, SQL Server, Sharepoint, and Azure in both full-stack and group collaboration capacities. Pablo is the developer and IT support for the LRC proprietary software. PARTNERSISUB-CONSULTANTS None 8 1 i, a 3 SPECIFIC PROJECT EXPERIENCE Project team in every project was Rick Longobart and Cynthia Ross. City: Eastern Municipal Water District Project Highlights: Equipment Replacement, Utilization and Car Sharing Project Project One Description: EMWD recognized their need to update the criteria their operation had been using to determine replacement. After researching other solutions, EMWD selected L,RC due to their thorough gathering of data on each asset and their use of six'determining factors: l)condition 2) miles/hours 3) age 4) reliability 5) type of service and 6) maintenance and repairs. By collecting this critical data on each of 595 assets that included both vehicles and equipment, LRC provided a report that showed the optimal time of replacement for each asset and the financial impact on the operation. LRC also reviewed EMWD's Equipment Replacement Policy and then developed a new policy,complete with procedures,to support the new replacement methodology that was adopted by the District. Project Two Description: LRC conducted a comprehensive utilization study through department interviews and data measurements gathered from their fleet management information system. LRC then determined which vehicles could either be removed from service or redeployed within the fleet. This restructuring of assets resulted in impressive cost savings. Included in those cost savings was the decrease in ongoing maintenance cost. LRC also provided asset candidates for car sharing and assisted in the District's adoption of a car-sharing software solution. Reference: Danny Lehman, Fleet Manager at Eastern Municipal Water District(see references) City: City of Kennewick Project Highlights: Fleet Analysis Project Description: A complete and thorough overview of the City's entire fleet operation was requested by the Fleet Manager at the City. Using a 186-point questionnaire developed exclusively by LRC, anon-site visit and interviews with staff department heads were completed. LRC provided a comprehensive report that included prioritization of short, intermediate and long-term recommendations.By addressing areas identified in this report,the Fleet Maintenance Division in the City of Kennewick, Washington would increase its revenue, decrease expenditures and experience an improvement in its operations. Reference: John Noble, Fleet Manager(see references) City: City of Colorado Spring and Utilities Project Highlights: Evaluation of Staff for In-house or Outsourcing Project Description: Colorado Springs Utilities and The City of Colorado Springs' requested a thorough review of staffing types that would be needed if both operations insourced Light Duty Vehicles and Specialty Equipment, along with the outcome of staffing. They wanted the report broken into Administrative,Technician and Parts personnel. LRC provided an analysis of staffing based upon data provided by both operations. Industry maintenance data was collected from utility and municipal organizations across the United States to determine the average number of labor hours to maintain various types of equipment. This data was applied to Colorado Springs' unique fleet composition and utilization patterns to determine how many technicians would need to be on staff to handle fleet maintenance internally. This analysis also provided staffing recommendations for administrative and parts personnel based on staffing levels seen across the industry. 9 1 P a g e `L_ o n g o b a i C R o s s 4 `u L t A " - C <' 3 City: City of Colorado Spring and Utilities continued LRC also completed a tour of each facility and made best practice recommendations that would result in the improvement of their operation. This included an analysis of their body shops throughout both facilities. The recommendations in this report would result in their operation becoming more efficient, effective and productive. Reference: Greg Mitchell, Fleet Manager of Colorado Springs Utilities Email: gmitchell@csu.org Phone: (719) 668.8444 LIST OF REFERENCES 1) John Noble, Management Services/Purchasing, Warehouse and Fleet Manager - Fleet Analysis City of Kennewick, WA Phone: 509-585-431 3 1c?I7n,nobleC�ci.kennewick.wa.us Total assets: 548 Services provided: LRC furnished all services, labor and related equipment necessary to conduct and complete a Fleet Analysis that analyzed the City's Fleet Maintenance operation then provided an easy-to-follow, yet comprehensive report with recommendations to serve as a roadmap for today and the future. The report enabled smarter decisions, cost savings, revenue generation, and better customer service. 2) Cliff Pate, Fleet Manager - Fleet Analysis City of Inglewood, CA Phone: 310-412-4326 cp to@Citxinqlewood_._<3rg Total assets: 495 Services provided: LRC completed a comprehensive study with a 124-point analysis of the operation. By addressing areas identified in this report, the Fleet Maintenance Division in the City of Inglewood, California, increased efficiencies, productivity, and experienced process re- engineering improvements. These findings were broken down into three workable categories: *Immediate Required Actions *Intermediate Required Actions and *Long-Term Recommendations 3) Danny Lehman, Fleet Manager - 1) Equipment Replacement Program and Formal Policy 2) Utilization Study - 2' project Eastern Municipal Water District Phone: 951-928-3777 ext. 6284 lehrn,andgernwd.arcg Total assets: 693 Services provided: Project 1 : Based upon industry best standards, LRC developed a systematic and repeatable method to evaluate and monitor when vehicles/equipment should be replaced, managed and disposed. A formal Administrative Policy and Procedures document for an Equipment Replacement Policy system was included. 101Page Longobart - Ross 949 . 943 0023 LIST OF REFERENCES CONTINED Danny Lehman EMWD Continued Project 2: Utilization Study and Policy: A policy was delivered that covered three main areas: 1) utilization management 2) equipment replacement/justification and 3) measurement and reporting. 3) Jeff Hart, Fleet Manager - Fleet Analysis City of Oceanside Phone: 760-435-5980 jhart@vd,Oceanside,ca.u,s Total assets: 521 Services provided: On January 20, 2016, Longobart-Ross completed a comprehensive study using a 154-point analysis of the operation. By addressing areas identified in this report, the Fleet Maintenance Division in the City of Oceanside, California, would increase its revenue, decrease expenditures, and experience an improvement in its efficiency. TECHNICAL PROPOSAL COMPONENTS EXECUTIVE SUMMARY LRC will assist the Division in a comprehensive analysis of the Fleet Service fund in order to provide industry best practice recommendations in vehicle life cycle replacement costs, reserve funding, recovery, budgeting and accounting. LRC will conduct a detailed evaluation of current vehicle up-fitting processes, procurement practices and recommend alternatives based on industry best practices. LRC reports will provide recommendations that will allow the Division to streamline operations, evaluate funding levels and develop long-term plans to guide future procurement strategies and funding needs for the City's internal departments while maintaining adequate reserves for vehicle replacement funding. LRC reports will also provide feasible alternatives and financial strategies for current and future operations based on industry best practices. DESCRIPTION OF WORK AND SCOPE OF WORK Deliverable 1: Perform assessment of Fleet Services current capital/equipment procurement system and practices and provide a report detailing all findings. * Review current procurement practices, funding and recovery. o LRC Deliverable: • LRC will review City's current procurement practices, along with policies and procedures related to capital equipment procurement. • LRC will share best practices in the industry that work Citywide so that the City may adopt an approach that will streamline all operations and save time and money. • LRC will review Internal Service Fund rates and determine projected replacement rates, methodology, depreciation rate and cost center for the replacement of assets within each department. I I I P a g e Longobart - Ross 949 . 943 0023 • LRC will provide various examples of funding practices and details on why some are more effective than others. These findings, based on a fully burdened rental rate by fuel, miles or hourly rate, will be provided in order to avoid the City fund balance from being reallocated. • LRC will review the current recovery rate and the method currently utilized. LRC will review current recovery policy and plan in order to ensure enough funds are being recovered to make the division solvent. Creating an effective and efficient recovery plan will improve customer service, improve asset reliability with the replacement of newer units, reduce labor cost and maintenance and increase resale value. ■ Review customer communication processes and conduct up to a total of eight department customer interviews. Interviews will gather feedback surrounding Fleet communications pertaining to procurement, set-up, financing and timing of vehicle acquisition/issuance. o LRC Deliverable • After review of the current practices, policies and procedures related to acquisition, funding and recovery methods, LRC will develop a list of questions to be asked to a total of eight department heads. These questions will be discussed with the City prior to interviews. • These interviews will provide a thorough understanding of procedures that are working and ones that are creating challenges within the operation. Interviewees will be encouraged to share their suggestions as well. • LRC will provide City with recommendations based on best practices within the industry. These recommendations could include a) methods for improving communications b) technology c) development of a service-level agreement d) equipment replacement planning based upon data e) an Equipment Replacement Policy f) procurement methods. • Perform a comprehensive analysis of lifecycle costs for the following fleet categories: Police vehicles, light duty trucks, medium duty trucks, heavy duty trucks, sedans, compact vehicles, sport utility vehicles and vans. o LRC Deliverable • LRC will provide a report that will calculate the fully burdened cost of each unit. This report will list each unit number and will be sorted by class. Fully burdened cost equates to total costs of ownership, i.e. maintenance, fuel, parts, insurance etc. This analysis will allow the comparison of lifecycle costs per unit and per class thus allowing further examination into future acquisition and standardization. • Develop a 5-year and a 10-year strategy for the replacement of fleet assets by user department, including various alternatives based on different funding levels. o LRC Deliverable • LRC will develop a 5-year and a 10-year replacement strategy. This will include a report with the number of vehicles and cost to replace by departments. Maintenance and depreciation costs associated will be included. • Added service at no cost: LRC will also provide the City with a report by class, the report will include the number of vehicles that need to be replaced and the associated costs. This will allow the City to adjust certain vehicle years should some of the assets need to be moved from one year to another. 121Page Longobart: - Ross 949 . 943 . 0023 • Review existing fleet specification development and make recommendations for standardization of fleet asset specifications. o LRC Deliverable ■ LRC will review City's existing fleet standardization policies and procedures. • LRC will complete a lifecycle costs report, by unit, listed under each specified class. ■ With this information, LRC will examine findings and make recommendations of adopting or editing the existing fleet Specification and Standardization Policy. Developing and adopting a Specification and Standardization Policy will suggest similar makes and models be acquired which will then allow the City to reuse upfitting components, reduce capital outlay expenses and allow the City to negotiate deeper discounts through loyalty purchases. Since technicians will become more familiar with the maintenance of consistent manufacturers, the number of hours of training will be reduced. In addition, the time spent on maintenance is also reduced by familiarity. Also reduced are the number of parts and tires that need to be stocked. • Include best practice policies for alternative options. o LRC Deliverable • Through the report generated that will identify what assets should be replaced in order of importance, LRC will be able to provide suggestions for alternative fuel/electric replacements. These suggestions will follow industry best practices. Added service at no cost: LRC will provide contacts for CA alternative fuel/electric programs. Deliverable 2: Perform a review of external service provider alternatives and provide a report detailing all findings. Include recommended best practice policies for alternative options. Review the utilization of external up-fitting vendors. o LRC Deliverable • LRC will review the City's current practices for new vehicle upfitting of special equipment by external vendors. Currently the City is having police vehicles upfitted by State contract vehicle up-fitters. • This review will study what class of vehicles are being upfitted and the type of equipment that is being installed as well as the time and cost it's takes each vendor to complete the task and how warranties are handled. • LRC will suggest various practices used throughout the industry. After this review, LRC may suggest extending the scope to include the development of a Service Agreement that puts into place the proper scope of work, completion date parameters and performance goals. Having the proper scope of work and performance goals can eliminate frustration to the fleet operation and eliminate friction to the end-user. • Compare existing service level and costs to external service provider alternatives. o LRC Deliverable • LRC will review the City's current practices for new vehicle upfitting and the service provided through typical vehicle dealers. This review will study what class of vehicles are being serviced and the service being completed as well as reviewing the type of equipment that is being installed. Time and cost for each vendor to complete the task will be a consideration. On average, 10% is generally outsourced by most government fleets. 131Page Longobart - Ro s s 949 . 943 . 0023 ■ LRC will identify what services are being performed and the challenges that exist with each service. LRC will compare the cost of outside services to internal work and the productivity of fleet staff. LRC will provide the City with alternative options used within the industry. Deliverable 3: • Review methodology and data from previous vehicle replacement reserve funds and recommend future best practices for a City-wide strategy on vehicle replacement practices. o LRC Deliverables • LRC will review the current replacement method that is being used by the City and demonstrate a solution for the City based purely on data. • LRC will perform a lifecycle costing and replacement report and determine which vehicles and equipment should be replaced and their associated costs. • LRC will provide a document named Parameter Guidelines for Class Lifecycle that will be approved by the City. This addresses municipal industry guidelines relative to estimated lifecycle for each class of equipment. • LRC will provide various reports indicating lifecycle cost and replacement priority. • The following describes the methods that will be utilized. Most agencies replace vehicles and equipment based on the overall age and odometer reading or when operating costs exceed replacement costs. Since economic data such as depreciation, condition, severity, reliability and operating costs are frequently excluded,there is considerable debate over which combination of variables determine the optimal replacement cycle. Through the correct data, a replacement technique based on miles and age does not prove to be an effective methodology and many times assets are replaced unnecessarily, thus costing the City. Based upon industry best standards, LRC will suggest a systematic and repeatable method to evaluate and monitor when vehicles and equipment should be replaced, managed and then disposed. This will be done by creating 1) parameter guidelines for class lifecycle, 2) point descriptions based upon a) age, miles/hours b) type of service c) reliability d) maintenance + repair costs e) condition. From this much-needed data, a report by class and one by department will be generated showing the optimal time for replacement and in order of importance per asset. The benefits of developing and adopting a formal Equipment Replacement Policy will be recommended in the report. This report is reviewed and accepted by the Mayor. The policy can be adopted by the City and shared with its internal customers. This allows customers to understand the methodology for replacement that has been adopted by the City. A Policy provides the Mayor, Council and administration a solid and cost-effective program. The Life-Cycle Costing Approach is a replacement analysis model which considers the total cost of owning an asset by integrating economic factors that are associated with owning and operating a vehicle or piece of equipment. The components of the Life-Cycle Cost Approach include purchase price, resale value, depreciation, maintenance and operation costs, age of the equipment, miles or hours of operation, body and mechanical condition, and equipment usability/reliability. These components are used as the basis for analyzing equipment and vehicle replacement. 141Page I- crgobart - Ross 949 . 943 . 0023 • Include a comparison of the City of Kent's rate structures to three (3) similar public agencies, as approved by the City. o LRC Deliverables • LRC will agree with the City on three (3) similar public agencies to be used in a written comparison provided by LRC. • LRC will review the City's existing charge-back rate and compare the methodology used to determine rate structures. • LRC will share examples of different approaches, the pros and cons of each and why some strategies work better than others. Through this process, LRC will also provide the City with the hourly rate that all three agencies are using with various alterative options. This will allow the City to determine a rate structure that works best for their operation. • Provide implementation strategies to reduce adverse impacts on user departments on reserves purchase compared to current allocation purchases of new vehicle reserves for the departments. o LRC Deliverables • LRC will perform a comprehensive analysis on the City's current purchase process. ■ Upon review of the current process, LRC will provide the City with various strategies that are best practices in the industry from some of the most successful fleets. • LRC will suggest a strategy that will solidify an agreement between fleet and their customers so that there is a process that is transparent, seamless and uniform. Adopting a purchasing protocol will improve customer service and reduce the amount of time during procurement. DETAILED WORK PLAN • Clear deliverables, milestones, and deadlines, as well as an overall time for completion o Kick-Off call - Schedule will be adjusted per City and/or Division as per Gantt chart attached. o See Gantt Chart o Overall time for completion 4-6 weeks after site visit (estimated) • Expectations of time required from City Staff o See Gantt Chart - total hours line 39, column B • A list of info your team will expect the City to provide at the start of the project o Collect all data required for each vehicle and piece of equipment. Required data may be exported from fleet management system. LRC will scrub all data for accuracy prior to completing any reports. o Gather all current policies, procedures and procurement strategies. Could include: o Equipment Replacement Policy o Procurement strategies o Standardization Policy o Charge-back Policy o List of current outsourcing companies o Agree on calendar dates for start-up through completion. These dates will be entered in the Gantt chart once project is approved. 151Page L o n g o b a r t Ross 949 943 . 0023 ANY OTHER INFO NECESSARY TO ADDRESS REQUESTS OF THIS RFP None COST PROPOSAL • A composite schedule of direct labor hours by task. o See Gantt Chart c> An itemized schedule of all expenses, including both labor and direct expenses o See Gantt Chart o A max budget amount inclusive of all fees and expenses o See Gantt Chart 161Page Longobart - Ross 949 . 943 . 0023 EXHIBIT A - GANTT CHART 17IPage Lo, ngobart - Ross 949 , 943 , 0023 C a i O O O J p O _ L ULL w w � o ro m ,o t 00 m L c q v E uS v d v � a C N o O D o v v v b E cr a `• b e _ o N a` U rn Qv N v c 3 o v u rob N L a > a q O N ¢1 u 0 ro a ro b c a cn m a ro v v N b E Z a v �_ L m o O � m -n E ro E v v c ~ ° o v Y ° a s a u a Y vi u oa-o u N � a a o aai u U rtt rt a U Y ro ,� a > c 3 • to 4- w a O w ^ a L o 0 u J U ^ c u p o v o L �r � r O a a a o w Z a b x .� w V z N L UQj S Z O n L Y N C C U UQ a O i ro `q v O ro c QQ��++ — Q = E m 3 L u Q — ° E 'u v _ o N o a a `o Y v c ro 3 v w Z ` a = L o O ro m N U a > ua N E O O w ^ ar q o ro s v r v w • g 00 n s a _ u T N a n s a c o v E c > U ° > 3 ° E L ro Q3 u o d Z a °' aci a 'v; °' o °' a o > ro Z d r N o a a o _ E a- o d g • Q o ax ro 3 a� -0 v .c w W c a c y 0 a w er E N V O a t o ro ro N rt c a i rt ro a NE — ALc N — C) U a 'u c aro o = y aC of A M1t O p °_V O E O u Q N N •Q, V O ro V a Lu c Ec 3 � � O0c bU QE � a o W 'c a o U T a 5 V A O tI1 N u v 3 a X 't ...a U - U °t Y N U ro ai � O C O O O O O v Ln W O � w w w ^ N w y{ O O O OCD n 2 Ol n w m LD w .n km N ro m r v �i ro 'j W .0 -0 > C N ro d) V ro � � Y � � yC ma- rclN ro} 3 p N v Y J � y C N C p V U v N m `u c v ^ a > a s c m v ro o � o a w c "' v 'o _a £ ° c o ' W � v r ro H N ` - 'N a I.+... f" , O M � > b—_ a� �., Q v b u - OC1v u � 43aUNbp 0 0 0 o 0 tD ao � m � o d N N M ro ro � i U N Cl c v ro C -0 0 7 N w Id C_ ro w -C N b ro N rd J E N O ro C i� H 7 ro O! 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O O O O O O = 00 N O p M M � l7 N 00 O E 3 0 o a c E C V v u N C C y v v v+ C C N > O v > v v v o c u o d a v a 3 v ^ > w v row am ro o 0 3 0 0 w v v c N C ro > > c �- O N X C 4i u O ro ¢i c c 'O C �n O y -O v, v, v iu ro ro Z v 6 a u E v c O v > E v 4 3 j c ° = E b ro ro m ro rt c 6 v v 2 .r00 - aau. wLn va o w i aM Lou aXi uu a 0 0 o p 0 0 0 0 o p w n N r O O N N � ko ✓r w s9 w an w a o w oo v v co C c T V Ol a ro O > ON N C E E4./ ro C a a ro = w ro O 0 C O C C C C X a C w N c C -0 O ro ro a > O 0 V X O v v c N y > c C w V N v v; c -o E v rt0 3 c o v c -o >_o w o m c v o E u a o v > o c c b > ro w E w > co m v ro c � O O �n w p V C O u .N C O ro ro u rt p v a ro u v ro a a ro = a 3 : v v c O C a n v C �. > d a a ro v u o �' d °1. in in iN o a a �:._ ce m v o c 3 O a � v y ro -0 � ro b v V `( > c - ; c S �. a W c d W O v O v o � d o 3 v m 3 O a = w v v v n ro w a v ro J h v Q v VI L v Q y 1110 0o OFL LLJ s G. H a, � N N N N N N N o c 0 0 0 o 0 0 t m N h t. w w w v CD O 0 O 0 T W 0 O kJO w m bA 69 v c a a 3 c rn p E ou o u _ _ `- n a ro v .c — m amv v vim ' a v o E � ° cc ro a v rn� v rn ro 3 b u E ro o o v o U ° N c c o p a c v w C t o ro c a >^ ro U N w 0 0 0 9 a �.• v N w. N .L+ b ro C L N o 'D L N C c v 0 (V b '3 v E ro `E ro o of `- E a o a v a o o a a o a E v ' o a E v o o = v w a a a m U `� > o..E U O o a 3 a 0 0 0 0 0 0 0 0 0Ln a+ V O LO N N O '0 v N C — C 01 U U v _ m .n o o E c o 'o � v -o L ro � c m o vro ro i�c -a > ° sv o > L ° v L ` , c �> E C C v v 6! EE v � � Ea � mmc v v E m y v ro v o b '3 v v E v c . E ai>- E v u o U a > ro a N p v n o 0 o v m °N' o b taro N n o ° v o v 'ro oa o 0 0 _ � a > ° n � vO nn u ° > a.E U o aa3 ro m � m O o v -0 ro v v y c c ti o o ° v m © m � m ro w LL v v t LL! oa o CL n a v b i ro J v v Q v > ro _ ra N N fV m M M 0 0 0 O O p LA � C) M M N M M Q1 ,A b9 Vt re) y O � V1 O o a 0 = s � a x n rri f O 3 o v o ro p N O O i Z3 U V O a a c L N C n a 1 Y O w ro b w � a > c s roIV a a > b _ > E c v 'A 0 o d C u > Z c 0 aj v x b O O O O O 1L •> M kq l,9 M O F, N N w w H > u b N O O N O O NM ti l7 t' v M LEG y p v F > LM c 6C, w CL O E ^ v x u, c W cc C N o V Q G1 ,a sco N > Z -O O L rtj L y E C d F' `��. j a C � C c 3 v n _ v z c C:3 ro `v i > c u It £ o m a a, b V, °o •vi N u 4 m C o O C O a Q ° 3 o c o v °Q v ro vo ^ 6J O O. O v c 'B > y > C: N = 4 � L E 3 v ` v Y x $ E o ,� 3 m O v roa v m a v Cl > ~' u > v -0 C a rtf C) u v .> O c a v ,. . m E i a w u v a 4 CL a,_ ? p H o 'ro ro a o N o w c 3 ro rn v u LLi ro a �_ .E m d E > a ° a U N a v 3 p -0 U ro w o "may o c a b t u C:W m -_ o a > x v IV v v ,Ao —a c v u U 3 > o a; o Q IVa o o — d. H U b .n U L.Q v V Q/ a 'n 0 dFt- Fes- F� m m o m m m m m m ct V V V v V' cr er O v �n EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 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 Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. EXHIBIT B 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits 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 ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. DATE(MM/DDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE o1/1s/zo2o 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 Yvonne Saldana NAME: Brown&Brown Insurance Services of California,Inc AHCNN Ext: (805)965-0071 AID No (805)690-3200 License#OD04053 E-MAIL ysaidana@bbofcal.com ADDRESS: 1001 Mark Avenue,Suite 201 INSURER(S)AFFORDING COVERAGE NAIC# Carpinteria CA 93013 INSURERA: Sentinel Insurance Company,Ltd. 11000 INSURED INSURER B Longobart-Ross Consulting,Inc. INSURER C: P.D.Box 1526 INSURER D: INSURER E: Big Bear Lake CA 92315 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2011559257 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 AUUL1bUt3K POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICYNUMBER MMIDOIYYYY MM/DOIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE � OCCUR A N 1,000,000 PREMISES Ea occurrence $ MED EXP(Any one person) $ 10,000 A Y 72SBABDO192 12/01/2019 12/01/2020 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000,000 X POLICY PRO- ❑ 4,000,000 JECT LOC PRODUCTS- $ OTHER', $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED HRETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liablility A 72SBABDO192 12/01/2019 12/01/2020 Each Claim $500,000 Aggregate Limit $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is an additional insured under the General Liability per the attached form SS 00 08 04 05. 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. 220 4th Ave S. AUTHORIZED REPRESENTATIVE Kent WA 98032 � lv tlut � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Yoshitake, Nancy Subject: FW: LRC Fleet Management Practices Agreement Attachments: 72SBABDO192 RENEW.PDF From: Yvonne Salclana [mailto:ysaidana(sibbofcal.com] Sent: Wednesday, January 15, 2020 4:32 PM To: Rick Longobart; Yoshitake, Nancy Cc: cynthia(&Iongobart-ross.com; Green, Ron Subject: RE: LRC Fleet Management Practices Agreement EXTERNAL EMAIL Hello Nancy, Please see attached Policy with list of forms that includes form SS 00 08 04 05. Form Numbers of Forms and Endorsements that apply: SS 00 01 03 14 23 00 Gb 7,0 08 SS 00 07 0" 05 SS 00 08 04 05 $8 00 45, 12 06 18 00 60 �9 1s SS 00 61 07 19 SS 00 64 09 16 SS 84 01 09 07 SS 01 21 03 17 SS 42 06 03 17 SS 04 08 09 07 SS 04 19 04 09 S S 04 22 07 05 SS 04 30 07 05 SS 04 39 07 05 SS 04 41 03 1$ SS 04 42 03 17 $5 04 44 Q' 05 SS 04 45 07 05 SS 04 46 09 14 SS 04 47 101 4 09 S5 04 80 -0 0 ru SS 04 86 03 00 55 40 i 8 07 05 SS 40 26 03 17 $5 40 93 0 0-5 S:3 41 12 -12 7 SS 41 �-5 1 1 1) 09 SS 41 63 00 11 1H 10 01 09 8 U SS 05 09 07 00 SS 05 4',' G 9 15 SS 51 11 CD 3 13 SS 50 i 9 01. 1 111 5 SS 01)0 59 06 is 1 H 99 40 04 09 1 H 99 41 04 09 SS 83 76 01 15 5-" 89 93 07 16 Thanl< you, Yvonne Saldana BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 © 2005, The Hartford QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension - Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 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" is caused by an INJURY, PROPERTY DAMAGE, PERSONAL "occurrence" that takes place in the AND ADVERTISING INJURY) "coverage territory"; Insuring Agreement (b) The "bodily injury" or "property a. We will pay those sums that the insured damage" occurs during the policy period; and becomes legally obligated to pay as damages because of "bodily injury", (c) Prior to the policy period, no insured "property damage" or "personal and listed under Paragraph 1. of Section advertising injury" to which this insurance C. — Who Is An Insured and no applies. We will have the right and duty to "employee"authorized by you to give defend the insured against any "suit" or receive notice of an "occurrence" seeking those damages. However, we will or claim, knew that the "bodily injury" have no duty to defend the insured against or "property damage" had occurred, in any "suit" seeking damages for "bodily n whole or in part. If such a listed injury", "property damage" or "personal and insured or authorized "employee" advertising injury" to which this insurance knew, prior to the policy period, that does not apply. the "bodily injury" or "property We may, at our discretion, investigate any damage" occurred, then anycontinuation, 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 I. of Section explicitly provided for under Coverage C. — Who Is An Insured or any "employee" Extension-Supplementary Payments. authorized by you to give or receive notice b. This insurance applies: of an "occurrence" or claim: (1) To "bodily injury" and "property (1) Reports all, or any part, of the "bodily damage"only if: injury" or "property damage" to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 © 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury"or"property damage";or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) 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 (1) All expenses we incur. 11 occurrence , but only if: (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability (b) You are not engaged in the Coverage for"bodily injury" applies. We do not have to furnish these bonds. business or occupation of providing such services. (3) The cost of appeal bonds or bonds to release attachments, but only for bond (2) For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our 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 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 indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — that is an "insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will (3) The obligation to defend, or the cost of not reduce the Limits of Insurance. the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same "insured contract"; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph (6)above, are no longer met. us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 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 (i) Cooperate with us in the standpoint of the insured. This investigation, settlement or exclusion does not apply to "bodily defense of the "suit"; injury" or "property damage" resulting from the use of reasonable force to (ii) Immediately send us copies of protect persons or property; or any demands, notices, summonses or legal papers (2) "Personal and advertising injury" arising received in connection with out of an offense committed by, at the the "suit"; direction of or with the consent or acquiescence of the insured with the (iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee; and (iv) Cooperate with us with b. Contractual Liability respect to coordinating other (1) "Bodily injury"or"property damage";or applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (i) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit"; and (a) "Bodily injury", "property damage"or (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 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business,or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "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, (3) Any statute, ordinance or regulation or equipment that is used to relating to the sale, gift, distribution or heat water for personal use, by use of alcoholic beverages. the buildings occupants or their guests; This exclusion applies only if you are in the ( ) ii "Bodily injury" or "property business of manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury" to: such premises, site or location is not and never was owned or (1) An "employee" of the insured arising occupied by, or rented or out of and in the course of: loaned to, any insured, other (a) Employment by the insured; or than that additional insured; or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) "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, (ii) Any person or organization for smoke or fumes from a"hostile fire"; or whom you may be legally responsible; (e) At or from any premises, site or ( ) At or from any premises, site or d location on which any insured or any location on which any insured or contractors or subcontractors any contractors or subcontractors working directly or indirectly on any working directly or indirectly on insured's behalf are performing operations if the operations are to any insured's behalf are performing operations if the test for, monitor, clean up, remove, "pollutants" are brought on or to contain, treat, detoxify or neutralize, the premises, site or location in or in any way respond to, or assess connection with such operations the effects of,"pollutants". by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand, order or statutory (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants";or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment"or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the intentional discharge, dispersal apply to liability for damages because in ior n release of the fuels, of "property damage" that the insured would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes i. War operation and "loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by 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, contingent or on any other basis. grooming; h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of"mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured;or Page 6 of 24 Form SS 00 08 04 05 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 (a) Body piercing (not including ear Premises Rented To You as described in piercing); Section D. - Limits Of Insurance. b Paragraph (2) of this exclusion does not ( ) Tattooing, including but not limited apply if the premises are "your work" and to the insertion of pigments into or under the skin; and were never occupied, rented or held for rental by you. (c) Similar services; Paragraphs (3) and (4)of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs (3) and (4) of this exclusion do Paragraphs (4) and (5)of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e. in Section A. -Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" included in the "Property damage" to: "products-completed operations hazard". (1) Property you own, rent or occupy, 1. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" to "your work" arising property for any reason, including out of it or any part of it and included in the prevention of injury to a person or "products-completed 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 out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured; "Property damage" to "impaired property" (5) That particular part of real property on or injured,property arising out of:that has not been physically 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 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 publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured publication took place before the exercises control; 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 by or at the direction of the insured; address, domain name or metatags, or 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 "advertisement"; persons right of privacy created by 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 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 (15) Arising out of discrimination or not have occurred in whole or in humiliation committed by or at the part but for the "asbestos hazard"; direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q. Electronic Data others test for, monitor, clean up, 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 person at whom any of the (2) The CAN-SPAM Act of 2003, including employment-related practices any amendment of or addition to such described in Paragraphs(a), (b), or(c) law; or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act (1) Whether the insured may be liable as of 2003, that prohibits or limits thesending, transmitting, communicating or an employer or in any other capacity;and distribution of material or information. Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the"asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss,costs or expenses that: Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage 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: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your "employees, other than either your "executive officers (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers" are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co-"employee" while in the course of his or her Included with the "products-completed employment or performing 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 (1)(a) or insured. Your members are also insureds, (b) above; or but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds, but only (2) "Property damage" to property: with respect to their liability as stockholders. (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your "employees", "volunteer workers", that occurred; or any partner or member (if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (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 S. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to that insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with 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 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 However, no such person or organization is an at the vendor's premises in 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 or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property damage" arising out of the sole Any 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 y 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 This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 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 "occurrence" which takes place after (1) Any state or political subdivision, but you cease to lease that equipment. only with respect to operations performed by you or on your behalf for c. 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 leased to you. (a) "Bodily injury", 'property damage" 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 to: 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, reports, surveys, field orders, "Bodily injury", "property damage" or change orders, designs or "personal and advertising injury" drawings and specifications; or arising out of the rendering of, or the (b) Supervisory, failure to render, any professional p ry, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 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 Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business 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 on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: 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 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 limit set forth in Paragraph 3.above. (3) Cooperate with us in the investigation, 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 any remaining period of less than 12 months, starting (4) Assist us, upon our request, in the policy enforcement of any right against any with the beginning of the g g p y 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 of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume 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 You or any additional insured must see to other insurer for defense and indemnity, it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and (1) How, when and where the "occurrence" non-contributory with the additionalinsured's own insurance. or offense took place; (2) The names and addresses of any f. Knowledge Of An Occurrence, Offense, Claim Or Suit injured persons and witnesses; and (3) The nature and location of any injury Paragraphs a. and b. apply to you or to 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 insured must: (2) Any partner, if you or an additional insured is a partnership; (1) Immediately record the specifics of the claim or "suit" and the date received; (3) Any manager, if you or an additional and insured is a limited liability company; 2 (4) Any "executive officer" or insurance ( ) 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 claim or"suit" as soon as practicable. (5) Any trustee, if you or an additional insured is a trust; or c. Assistance And Cooperation Of The Insured (6) Any elected or appointed official, if you 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 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. this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance 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 this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to you or temporarily occupied by you with settlement means a settlement and release of liability signed by us, the insured and the permission of the owner; 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 to you or temporarily occupied by you in this policy to the first Named Insured, this insurance applies: with 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 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 loss 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. When this insurance is excess, we will If the insured has waived any rights of have no duty under this Coverage Part to recovery against any person or defend the insured an against organization for all or part of any payment, g y"suit" if any other insurer has a duty to defend the including Supplementary Payments, we insured against that "suit". If no other have made under this Coverage Part, we insurer defends, we will undertake to do also waive that right, provided the insured so, but we will be entitled to the insured's waived their rights of recovery against rights against all those other insurers. such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 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 owned 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 the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following 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 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 b. 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, (1) 'Bodily injury", "property damage" or except such operations performedat 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 ( )2 "Bodilyinjury"u or " roe damage" (g) Products which, after distribution included in the "prod uctycomple ed or sale by you, have been labeled operations" hazard. or relabeled or used as a 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 sole (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 business and only if this Coverage Part (i) The exceptions contained in 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 b. The insurance afforded to the vendor is as the vendor has agreed to subject to the following additional exclusions: make or normally undertakes 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 person(s) or organization(s) 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 own, 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 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 damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network. 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 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 in the territory described in a.above; a. A contract for a lease of premises. 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 on; 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, "Employee" does not include a "temporary provided the "bodily injury" or "property worker". damage" is caused, in whole or in part, by 9. "Executive officer" means a person holding you or by those acting on your behalf.Tort liability means a liability that would be any of the officer positions created by your charter, constitution, by-laws or any other imposed by law in the absence of anycontract or agreement. similar governing document. 10. "Hostile fire" means one which becomes Paragraph f. includes that part of anycontract 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 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 failing 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 out of the insured's used to raise or lower workers; rendering or failure to render professional services, including those f. Vehicles not described in a., b., c., or d. listed in (1) above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities. cargo. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment" but firm, to perform duties related to the conduct of will be considered "autos": 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 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. e. 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 (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with 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 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