HomeMy WebLinkAboutCAG2020-342 - Original - Willamette Cultural Resource Associates, Ltd. - GRNRA North Pump Station Survey - 10/27/2020ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget Account Number:
Budget? o Yes o No
Grant? o Yes o No
Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
CONSULTANT SERVICES AGREEMENT - 1
($20,000 or Less)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Willamette Cultural Resources Associates, Ltd.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Willamette Cultural Resources Associates, Ltd. organized under the laws of
the State of Oregon, located and doing business at 655 S. Orcas Street, Suite 220, Seattle, WA 98108,
Phone: (206) 397-1487, Contact: Stephenie Kramer (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall perform a cultural resources survey for the Green River Natural
Resource Area North Pump Station Project. For a description, see the Consultant's Scope of
Work which is attached as Exhibit A and incorporated by this reference.
The 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. The Consultant shall complete the
work described in Section I by December 31, 2021.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Nine Thousand, Eight Hundred Fifteen Dollars and Ten Cents ($9,815.10), 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.
C. Card Payment Program. The Consultant may elect to participate in automated credit card
payments provided for by the City and its financial institution. This Program is provided as
an alternative to payment by check and is available for the convenience of the Consultant. If
CONSULTANT SERVICES AGREEMENT - 2
($20,000 or Less)
the Consultant voluntarily participates in this Program, the Consultant will be solely
responsible for any fees imposed by financial institutions or credit card companies. The
Consultant shall not charge those fees back to the City.
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:
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 the
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 the 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 the
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 the Consultant’s records or data is not related to this project, it shall be without liability
or legal exposure to the Consultant.
VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or
failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire,
flood, or other natural disaster or acts of government (“force majeure event”). Performance that is
prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both
parties represent to the other that at the time of signing this Agreement, they are able to perform as
required and their performance will not be prevented, hindered, or delayed by the current COVID-19
pandemic, any existing state or national declarations of emergency, or any current social distancing
restrictions or personal protective equipment requirements that may be required under federal, state, or
local law in response to the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the
obligation.
CONSULTANT SERVICES AGREEMENT - 3
($20,000 or Less)
Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the
City shall not be liable for, the payment of any part of the contract price during a force majeure event, or
any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure
event. Performance that is more costly due to a force majeure event is not included within the scope of
this Force Majeure provision.
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Consultant.
VII. 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. The
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.
VIII. INDEMNIFICATION. The 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 the 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 the Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
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 the 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 the 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.
IX. 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.
CONSULTANT SERVICES AGREEMENT - 4
($20,000 or Less)
X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of
the work under this Agreement.
XI. 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. The 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 the Consultant for this project
by anyone other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant.
XII. CITY'S RIGHT OF INSPECTION. Even though the 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.
XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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.
XIV. 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
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 VIII 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.
CONSULTANT SERVICES AGREEMENT - 5
($20,000 or Less)
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 the 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 the
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.
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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.
If{ WITNËSS, the parties below execute this Agreement, which shall become effective on
the last date entered below. Atl acts consistent with the authority of this Agreement and prior
to its effective date ara ratified and affirmed, and the terms of the Agreement shall be deemed
to have applled.
TANT:
Its
DATE
CITY OF KENT¡
Print Name
ïts:
(signature)
Chad Bieren, P.E.
Interim Public Works Director
DATE:ta/az/peao
NOTTCES TO BE SENT TO:
CONSULTANT¡
Stephenie Kramer
W i llamette Cu ltu ral Resou rces Assoclates, Ltd "
655 S. Orcas Street, Suite 220
seattle, wA 98108
(206) 397 -1487 (telephone)
N/A (facsimile)
NOTICES TO BË SENT TO¡
CITY OF KENT:
Chad Bieren, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
{253) 856-6500 (facsimile)
ATTEST:
Kent Citv Clerk
wf làrette - GRNRA N PS/H¿llek
CONSULTANT SERVICES AGREEMENT - 6
$2A,000 or Less)
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 I'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. 1 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 tojulfill the five requirements referenced above.
By;
Fbr:
lot
A
Title: kC��\&"l i'a L4
Date :
EEO COMPLIANCE DOCUMENTS - 1
EEO COMPLIANCE DOCUMENTS - 2
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 - 3
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: _________________________________________
WIt¡.AMETTE
CULTURAL RESOURC€S ASSOCIATES, LTÞ.
MEMORANDUM
To: Toby Hallock, City of Kent
From: Stephenie Kramer, WillametteCRA
Date: October 6,2020
Re: Cultural Resources Survey for the GRNRA Pump Station North Project
Thank you for contacting Willamette Cultural Resources Associates (WillametteCRA) regarding
the need for a cultural resources survey for the planned Green River Natural Resources Area
(GRNRA) Pump Station North project. lt is our understanding from our phone conversation and
the project information emailed to us that the new pump station will require construction of the
following elements: a flow meter vault, a wet well, a pump station, electrical and generator
shelter, a pipe or ditch to carry water from the wetland to the station, a scour protection
structure, a vehicle gate and asphalt parking area, and an outlet pipe to carry water from the
GRNRA Channel to the Boeing Channel most likely via an existing culvert under S. 212th
Street. The parcel, number 1122049005, is owned by the City of Kent and is located within the
GRNRA. The scour protection structure would be located across 212th Street on parcel
6600070010, owned by KV lndustrial. The Boeing Channel crosses through the parcel. The
regulatory nexus of the project is at both the City and federal levels. Because of the presence of
wetlands, a U.S. Army Corps of Engineers (USACE) permit is likely needed to complete the
work; therefore, the project would be subject to the provisions of Section 106 of the National
Historic Preservation Act and the report will be reviewed by the USACE, the Washington
Department of Archaeology and Historic Preservation (DAHP), and affected Tribes. A
professional archaeologist who meets or exceeds the Secretary of the lnterior's Standards will
supervise completion of the work and the report can be used to fulfill federal, state, and tribal
requirements.
The DAHP Archaeological sensitivity model defines the project area as'High Risk'for
precontact archaeological resources and a historic trail is depicted crossing the project area on
the 1863 General Land Office map. Our proposed scope of work to assist the City consists of
completing an archaeological and historic properties field survey and preparing a cultural
resources report on the natural and cultural setting of the pro¡ect area, methods and results of
the field survey, and any management recommendations that follow from the results of our
study. The area to be surveyed measures approximately 0.20 acres with approximately 100
meters of linear project area for the inlet and outlet. All tasks are described in greater detail
below:
655 S. Orcas St., Suite 220, Seattle, Washington 98108
Phone: 206-397-1487 rrwnr.willamettecra.com
EXHIBIT A
Toby Hallock, City of Kent
Cultural Resources Survey for the GRNRA Pump Station North Project
October 6, 2020
1). Background Research/Mobilization - WillametteCRA will coordinate review of DAHP's
Washington lnformation System for Architectural and Archaeological Records Data (WSAARD)
database and other background sources on the natural and cultural history of the area to refine
our expectations regarding field conditions and areas of high archaeological sensitivity prior to
fieldwork (Tasks 2 & 3) and in preparation of the report (Task 4). Any background information
about the project provided by the City such as geotechnical reporting will be integrated with
sources available in our office library and online. WillametteCRA will give courtesy notification of
upcoming fieldwork to cultural resource representatives of the Snoqualmie, Muckleshoot,
Tulalip, Puyallup, Duwamish, and Suquamish Tribes. We will make the 81'1 utility locate request
and mark the area to be surveyed in compliance with state law.
Assumptions:
i.) Access to the KV lndustrial property is provided for by the City's existing easement.
ii.) We assume no in-person meetings will be necessary.
2) Archaeological Field Survey - WillametteCRA will conduct a field survey of the 0.20 acre
project area, defined as the areas with project elements drawn in pale yellow and orange on the
Conceptual Layout dated 7121120. The Project area will be examined by pedestrian transects
and up to eight subsurface shovel probes will be hand-excavated and screened through 1/4 -
inch mesh. This task can be accomplished by two field archaeologists in one day. lf any artifacts
are observed, they will be documented, photographed, and returned to their respective probe
before backfilling. Up to one formal archaeological site or isolate form would be prepared under
this Task if any archaeological resources are identified during fieldwork. The form will be
submitted to DAHP for site number assignment and included in the appendix of the final report.
Assumptions:
i.) Up to 8 subsurface shovel probes will be excavated, to depths not exceeding one meter
below ground surface.
ii.) Up to one archaeological resource will be inventoried.
iii.) The City will provide a location of the proposed pump station elements and a description
of project activities. The City will provide geotechnical studies and GIS files, if available.
iv.) No artifacts will be collected.
v.) Formal eligibility testing, if required by DAHP, would be conducted under a separate
scope and budget.
3) Historic PropeÉy lnventory - The GRNRA Channel is present in the project area and will
be used for the project. Because the functional channel has been in existence since at least
1936, it is considered historic. DAHP and the USACE will likely require it to be inventoried on a
Historic Property lnventory (HPl) Form. WillametteCRA's staff architectural historian will
complete the HPl, which will include a written description of the resource, a brief overview of the
Page 2
Toby Hallock, City of Kent
Cultural Resources Survey for the GRNRA Pump Station North Project
October 6, 2020
history of the resource, a brief statement about the context of the resource, and a statement of
significance for the resource.
Assumptions:
i ) We assume the GRNRA Channel adjacent to the project area will require documentation
or preparation of a Historic Property lnventory Form.
4) Reporting - WillametteCRA will complete a technical short report that meets DAHP and
USACE standards. This report will describe the project area, the natural and cultural setting of
its vicinity, the methods and results of the field survey, and any recommendations regarding
management of cultural resources for the project that may be required based on the outcome of
our study. The HPI Form will be prepared in WISAARD and appended to the report. One
internal draft will be prepared and submitted to the City for review to ensure accuracy of project
information as conveyed in the report. The final draft will be submitted to the City, who will
foruvard to USACE. We assume all deliverable submittals will be electronic, as MS Word and/or
PDF documents.
5) Project Management: The WillametteCRA project manager will serve as the primary point of
contact with the City, complete internal QC review of deliverables prior to submittal, and
coordinate with the City regarding project schedule, budgeting, and invoicing. The project
manager will also conduct tribal coordination and assist the City with provisionally defining the
Area of Potential Effects, although the USACE may define it differenfly.
Cost
The total projected cost is $9,815. Detailed costs can be found on the attached cost sheet. This
is a Notto-Exceed amount, any amount over which will not be invoiced without written approval
from the City prior to the work being undertaken.
Schedule
WillametteORA would conduct Background Research and Mobilization Tasks within three
business days of receiving notice to proceed (NTP) and define the fieldwork schedule in
coordination with you; however, fieldwork is typically initiated within 15 days post-NTP. We
anticipate distributing courtesy notices at least one week in advance of initiating fieldwork.
Fieldwork is expected to be completed in one day, contingent upon field conditions, and a draft
report and HPI will be made available within three weeks of fieldwork completion. A final report
will be delivered within five business days of receiving comments from the City. lf additional
tasks are needed or unfavorable ground conditions are present, then additional time may be
required.
Please let me know if you have any questions regarding this proposal.
Page 3
BUDGETGity of KentGRNRA Pump Station NorthïotalTotal$ 1,350.00$ 3,780.00$ 1.980.00560.00$ 1,380.00$ 507.50$ r 38.00Hours102824I1272Task 5ManagementTotal6000000810.00HoursTask 4Reporting andResource FormsTotal222100442270.002,970.00825.00460.00290.00138.00HoursTask 3Fieldwork -BoeingChannelTotal0000400460.00HoursTask 2F¡eldwork-ArchaeologicalTotel0$0$8$8$0$0$0$660.00560.00HoursTask IBackgroundResearch/lUtobil ¡zat¡on/Utility LocateTotaf2$6$6$0$4$3$0$270.00810.00495.00460.00217.50HoursLabor (DO NOT CHANGE Cat or rate)Loaded Rete$ r 35.00$135.0082.50$70.001 15.00$72.50$69.00PM Stephenie KramerPl Austin JenkinsField Lead, Yonara CarrilhoField TechnicianArchitectural Historian, Adam AlsobrookGISReport Assistant91 I $ 9,695.50$ 810.006$ 4,953.0044$ 460.004s 1.220.0016$ 2,252.5021LaborTotal$69.60$50.00$Units12010Total000$$$UnitsTotal000$$$Un¡tsTotal4010$$$23.2050.004000$$$23.20Un¡tsTotalUnitsTotal4000$$$23.20UnitsApproved D¡rect CostsRate$0.58GPS/Trimble50.00$ I 19.601210$0$40 s 23.2041 $ 73.2040 $ 23.20Sum ODCTotal Price$9,695.50$1 't 9.60$9,815.10DescriptionLaborDirect CostsProiect Total1of I
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. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. 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.
3. 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. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The 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.
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 A:VII.
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.
06/29/2020
Arnold Bruce & Doerfler
1405 SW 14th Ave
Portland, OR 97201
License #: 1436694
Ann Walsh
503)222-1951 (503)222-5825
ann@lpurdyco.com
00003060-1521008 59
Willamette Cultural Resources Associates
2827 NE M L King Blvd
Portland, OR 97212
Hartford Casualty Insurance Company 29424
A Y 52SBAII2452 08/23/2019 08/23/2020X
X
X
1,000,000
300,000
10,000
1,000,000
2,000,000
2,000,000
Hartford Casualty Insurance Company 29424
A 52SBAII2452 08/23/2019 08/23/2020
X X
1,000,000
Hartford Casualty Insurance Company 29424
A 52SBAII2452 06/02/2020 08/23/2020XX
X 10,000
5,000,000
5,000,000
Markel Ins. Co.
B 52KDGVZ2341 09/11/2019 09/11/2020ProfessionalLiabili Ea. Occ/Aggregate 2,000,000
Hartford Casualty Insurance Company 29424
A 52SBAII2452 08/23/2019 08/23/2020ValuablePapers 100,000
The City of Kent is additional insured for the usual operations of the insured under this written contract per The Hartford
endorsement SS0008 attached. 30 day notice of cancellation except 10 for non-payment applies.
City of Kent
Attn: Timothy J LaPorte, P.E.
220 Fourth Avenue South
Kent, WA 98032
APW)
Printed by APW on June 29, 2020 at 08:09AM
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
FAXPHONE
A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICYEXPTYPEOFINSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
PRO-
POLICY LOC PRODUCTS - COMP/OP AGG $JECT
OTHER:$
COMBINED SINGLE LIMIT $(
Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $$
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
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.
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).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks ofACORDACORD25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
07/01/2020
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 be endorsed.If SUBROGATIONIS 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
AUTOMATIC DATA PROCESSING INS AGCY
76250873
1 ADP BLVD M/S 625
ROSELAND NJ 07068
CONTACT NAME:
PHONE
A/C, No, Ext):
800) 524-7024 FAX
A/C, No):
800) 524-4013
E-MAIL ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A :Hartford Fire and Its P&C Affiliates 00914
INSURED
WILLAMETTE CULTURAL RESOURCES
ASSOCIATES LTD
2827 NE 16TH AVE
PORTLAND OR 97212
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE ADDL
INSR
SUBR
WVD
POLICY NUMBER POLICY EFF
MM/DD/YYYY)
POLICY EXP
MM/DD/Y YYY)
LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE
POLICY PRO-
JECT
LOC PRODUCTS - COMP/OP AGG
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident)
ANY AUTO BODILY INJURY (Per person)
ALL OWNED
AUTOS
SCHEDULED
AUTOS BODILY INJURY (Per accident)
HIRED
AUTOS
NON-OWNED
AUTOS
PROPERTY DAMAGE
Per accident)
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-
MADE
EACH OCCURRENCE
AGGREGATE
DED RETENTION $
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY
PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/ A 76 WEG AA9Y9H 01/01/2020 01/01/2021
X PER
STATUTE
OTH-
ER
Y/N E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE -EA EMPLOYEE $1,000,000
E.L. DISEASE - POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Those usual to the Insured's Operations.
CERTIFICATE HOLDER CANCELLATION
City of Kent
Attn: Timothy J LaPorte, P.E.
220 Fourth Avenue South
Kent WA 98032
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED
IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05
2005, The Hartford
QUICK REFERENCE
BUSINESS LIABILITY COVERA GE FORM
READ YOUR PO LICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A.COVERAGES 1
1BusinessLiability
2MedicalExpenses
2CoverageExtension -Supplementary Payments
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
1.15Bankruptcy
2.15DutiesInTheEventOfOccurrence,Offense, Claim Or Suit
3.16FinancialResponsibilityLaws
4.16LegalActionAgainstUs
5.16SeparationOfInsureds
6.16Representations
7.16OtherInsurance
8.17TransferOfRightsOfRecoveryAgainstOthersToUs
F.OPTIONAL ADDITIONAL INSURED COVERAGES 18
18AdditionalInsureds
G.LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20
Form SS 00 08 04 05
ABCDEFGHIJ
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.
CTheword "insured" means any person or organization qualifying as such under Section . -Who Is An Insured.
GOtherwordsandphrasesthatappearinquotationmarkshavespecialmeaning.Refer to Section .-Liability And
Medical Expenses Definitions.
a)The "bodily injury"or "propertyA.COVERAGES
damage"is caused by an1.BUSINESS LIABILITY COVERAGE (BODILY "
occurrence" that takes place in theINJURY,PROPERTY DAMAGE, PERSONAL "
coverage territory";AND ADVERTISING INJURY)
b)The "bodily injury"or "propertyInsuringAgreementdamage"occurs during the policy
a.We will pay those sums that the insured period; and
becomes legally obligated to pay as (c)Prior to the policy period,noinsureddamagesbecauseof"bodily injury", 1.listed under Paragraph of Section"
property damage"or "personal and C.–Who Is An Insured andnoadvertisinginjury"to which this insurance "employee"authorized by you togiveapplies.We will have the right and duty to or receive notice of an "occurrence"
defend the insured against any "suit" or claim, knew that the "bodily injury"
seeking those damages.However,we will or "property damage"had occurred,
have no duty to defend the insured against in whole or in part.If such alistedany"suit"seeking damages for "bodily insured or authorized "employee"
injury","property damage"or "personal and knew,prior to the policy period,thatadvertisinginjury"to which this insurance the "bodily injury"or "propertydoesnotapply.damage" occurred,then any
We may,at our discretion, investigate any continuation,change or resumption
occurrence"or offense and settle any claim of such "bodily injury"or "property
or "suit" that may result. But:damage" during or after the policy
period will be deemed to have been(1)The amount we will pay for damages is
known prior to the policy period.D.limited as described in Section -
2)To "personal and advertising injury" Liability And Medical Expenses Limits
caused by an offense arising out of yourOfInsurance; and
business,but only if the offense was(2)Our right and duty to defend ends when
committed in the "coverage territory" we have used up the applicable limit of
during the policy period.insurance in the payment of judgments,
c."Bodily injury"or "property damage"will besettlementsormedical expenses to which
deemed to have been known to havethis insurance applies.
occurred at the earliest time when anyNootherobligationorliabilitytopaysumsor
1.insured listed under Paragraph of Sectionperformactsorservicesiscovered unless
C.–Who Is An Insured or any "employee" explicitly provided for under Coverage
authorized by you to give or receivenoticeExtension-Supplementary Payments.
of an "occurrence" or claim:
b.This insurance applies:
1)Reports all,or any part,of the "bodily (
1)To "bodily injury"and "property injury"or "property damage"to us or
damage" only if:any other insurer;
Form SS 00 08 04 05 Page 1 of 24
2005, The Hartford
BUSINESS LIABILITY COVERAGE FORM
2)b.Receives a written or verbal demand or 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
reasonable expenses for:(3)Becomes aware by any other means that
1)"bodily injury"or "property damage"has First aid administered at the time of an
occurred or has begun to occur.accident;
d.(2)Damages because of "bodily injury" include 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."occurrence", but only if:
2)Up to $1,000 for the cost of bail bonds (a)The physician,dentist,nurse,
required because of accidents or trafficemergencymedicaltechnicianor
law violations arising out of the use ofparamedicisemployedbyyouto
any vehicle to which Business Liabilityprovidesuchservices; and
Coverage for "bodily injury"applies. We (
b)You are not engaged in the do not have to furnish these bonds.
business or occupation of providing
3)The cost of appeal bonds or bonds tosuchservices.
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
4)All reasonable expenses incurred by theomissionsinthefurnishingofthese
insured at our request to assist us in theservicestoanyonepersonwillbe
investigation or defense of the claim orconsidered one "occurrence".
suit",including actual loss of earnings
2.MEDICAL EXPENSES up to $500 a day because of time off
Insuring Agreement from work.
a.We will pay medical expenses as described (5)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
we pay.If we make an offer to pay the (2)On ways next to premises you own or
applicable limit of insurance,we will notrent;or
pay any prejudgment interest based on (3)Because of your operations;
that period of time after the offer.
provided that:(
7)All interest on the full amount of any
1)The accident takes place in the judgment that accrues after entry of the
coverage territory"and during the judgment and before we have paid,
policy period;offered to pay,or deposited in court the
part of the judgment that is within the (2)The expenses are incurred and reported
applicable limit of insurance.to us within three years of the date of
the accident; and (1)( 7)Any amounts paid under through
above will not reduce the limits of insurance.(3)The injured person submits to
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
by the indemnitee at our request will be(1)The " suit" against the indemnitee
paid as Supplementary Payments.seeks damages for which the insured
has assumed the liability of the Notwithstanding the provisions of
1.b.(b)B.indemnitee in a contract or agreement Paragraph of Section –
that is an "insured contract";Exclusions,such payments will not be
deemed to be damages for "bodily (2)This insurance applies to such liability
injury"and "property damage"and willassumedbythe insured;
not reduce the Limits of Insurance.(
3)The obligation to defend, or the cost of
Our obligation to defend an insured'sthedefenseof,that indemnitee,has
indemnitee and to pay for attorneys'feesalsobeenassumedbytheinsuredin
and necessary litigation expenses asthesame "insured contract";
Supplementary Payments ends when:(
4)The allegations in the " suit"and the
1)We have used up the applicable limitinformationweknow about the
of insurance in the payment of "occurrence"are such that no conflict
judgments or settlements; orappearstoexistbetweentheinterests
2)of the insured and the interest of the The conditions set forth above,or the
indemnitee;terms of the agreement described in
6)Paragraph above,are no longer met.(5)The indemnitee and the insured ask
us to conduct and control the defense B.EXCLUSIONS
of that indemnitee against such "suit"
1.Applicable To Business LiabilityCoverageandagreethatwecanassignthe
This insurance does not apply to:same counsel to defend the insured
and the indemnitee;and a.Expected Or Intended Injury
6)The indemnitee:(1)"Bodily injury"or "property damage"
expected or intended from the (a)Agrees in writing to:
standpoint of the insured.This (
i)Cooperate with us in the
exclusion does not apply to "bodily
investigation,settlement or
injury"or "property damage"resulting
defense of the "suit";
from the use of reasonable force to
ii)Immediately send us copies of protect persons or property; or
any demands,notices, (
2)"Personal and advertising injury"arisingsummonsesorlegalpapers
out of an offense committed by,atthereceivedinconnectionwith
direction of or with the consentorthe "suit";
acquiescence of the insured with the
iii)Notify any other insurer whose expectation of inflicting "personal and
coverage is available to the advertising injury".
indemnitee; and
b.Contractual Liability
iv)Cooperate with us with (
1)"Bodily injury"or "property damage";orrespecttocoordinatingother
2)"Personal and advertising injury"applicable insurance available
to the indemnitee; and for which the insured is obligated to pay
damages by reason of the assumption of(b)Provides us with written
liability in a contract or agreement.authorization to:
This exclusion does not apply to liability (i)Obtain records and other
for damages because of:information related to the
suit"; and (a)"Bodily injury"," property damage"or
personal and advertising injury"that(ii)Conduct and control the
the insured would have inthedefenseoftheindemniteein
absence of the contractorsuch"suit".
agreement;or
Form SS 00 08 04 05 Page 3 of 24
BUSINESS LIABILITY COVERAGE FORM
b)(b)"Bodily injury"or "property damage"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 (1)consequence of above.
subsequent to the execution of the This exclusion applies:
contract or agreement.Solely for
1)Whether the insured may be liable asthepurposeofliabilityassumedin
an employer or in any other capacity; an "insured contract", reasonable
andattorneys'fees and necessary
litigation expenses incurred by or for (2)To any obligation to share damages
a party other than an insured are with or repay someone else who must
deemed to be damages because of pay damages because of the injury.
bodily injury"or "property damage"This exclusion does not apply to liability
provided:assumed by the insured under an "insured
i)Liability to such party for,or for contract".
the cost of,that party’s defense f.Pollution
has also been assumed in the (
1)"Bodily injury","property damage"orsame "insured contract",and
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 (
a)At or from any premises,site ordamagestowhichthis
location which is or was atanyinsuranceappliesarealleged.
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
produced by or originating from(2)The furnishing of alcoholic beverages to
equipment that is used to heat,a person under the legal drinking age or
cool or dehumidify the building,under the influence of alcohol;or
or equipment that is used to(
3)Any statute, ordinance or regulation heat water for personal use,byrelatingtothesale,gift,distribution or the building's occupants ortheiruseofalcoholicbeverages.guests;
This exclusion applies only if you are in the (ii)"Bodily injury"or "propertybusinessofmanufacturing,distributing,damage"for which you maybeselling,serving or furnishing alcoholic held liable,if you areabeverages.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
premises,site or locationande.Employer’s Liability
such premises,site or location"Bodily injury" to:
is not and never was owned or(
1)An "employee"of the insured arising occupied by, or rentedoroutofandinthe 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)(ii)At or from any premises,site or "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
with operations being performed(c)Which are or were at any time
by you or on your behalf byatransported,handled, stored,
contractor or subcontractor;ortreated,disposed of,or processed
iii)as waste by or for:"Bodily injury"or "property
damage"arising out of heat, (i)Any insured; or
smoke or fumes from a (
ii)Any person or organization for "hostile fire"; orwhomyoumaybelegally
e)At or from any premises,siteorresponsible;
location on whichany insured or any(
d)At or from any premises,site or contractors orsubcontractorslocationonwhichanyinsuredorworkingdirectlyorindirectlyonanyanycontractorsorsubcontractorsinsured’s behalf areperformingworkingdirectlyorindirectlyonoperationsiftheoperationsaretoanyinsured's behalf are test for,monitor,clean up,remove,
performing operations if the contain, treat,detoxify or neutralize,"
pollutants"are brought on or to or in any way respond to,orassessthepremises,site or location in the effects of,"pollutants".
connection with such operations
2)Any loss, cost or expense arising outby such insured,contractor or
of any:subcontractor.However,this
a)subparagraph does not apply to:Request, demand, order or statutory
or regulatory requirement that any(i)"Bodily injury"or "property
insured or others test for, monitor,damage" arising out of the
clean up,remove, contain,treat,escape of fuels,lubricants or
detoxify or neutralize,or in anywayotheroperating fluids which are
respond to,or assess the effects of,needed to perform the normal
pollutants";orelectrical,hydraulic or
b)mechanical functions Claim or suit by or on behalf of a
necessary for the operation of governmental authority for
mobile equipment" or its parts,damages because of testing for,
if such fuels, lubricants or other monitoring,cleaning up, removing,
operating fluids escape from a containing, treating,detoxifying or
vehicle part designed to hold,neutralizing,or in any way
store or receive them.This responding to,or assessing the
exception does not apply if the effects of,"pollutants".
bodily injury"or "property However,this paragraph does not
damage"arises out of the apply to liability for damages because
intentional discharge,dispersal of "property damage"that the insured
or release of the fuels,would have in the absence of such
lubricants or other operating request, demand,order or statutory or
fluids,or if such fuels,regulatory requirement,or such claim
lubricants or other operating or "suit"by or on behalf of a
fluids are brought on or to the governmental authority.
premises,site or location with
the intent that they be
discharged, dispersed or
Form SS 00 08 04 05 Page 5 of 24
BUSINESS LIABILITY COVERAGE FORM
g.Aircraft,Auto Or Watercraft (2)The use of "mobile equipment"in,or
while in practice or preparation for,a"Bodily injury"or "property damage" arising
prearranged racing, speed oroutoftheownership,maintenance,use or
demolition contest or in any stuntingentrustmenttoothersofanyaircraft,"auto"
activity.or watercraft owned or operated by or rented
i.Warorloanedtoanyinsured.Use includes
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 (
2)Warlike action by a military force, by that insured,if the "occurrence"which
including action in hindering orcausedthe "bodily injury"or "property
defending against an actualordamage"involved the ownership,
expected attack,by any government, maintenance,use or entrustment to others of
sovereign or other authorityusinganyaircraft,"auto"or watercraft that is
military personnel or other agents; orownedoroperatedbyorrentedorloanedto
3)Insurrection, rebellion, revolution, any insured.
usurped power,or action taken byThis exclusion does not apply to:
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
out of the rendering of or failure to render (b)Not being used to carry persons
any professional service. This includesforacharge;
but is not limited to:(3)Parking an "auto"on,or on the ways
1)Legal,accounting oradvertisingnextto,premises you own or rent,
services;provided the "auto"is not owned by or
rented or loaned to you or the insured;(2)Preparing,approving,or failing to
prepare or approve maps,shop(4)Liability assumed under any "insured
drawings,opinions,reports,surveys,contract"for the ownership,
field orders,change orders,designsormaintenanceoruseofaircraftor
drawings and specifications;watercraft;
3)Supervisory, inspection, architectural (5)"Bodily injury"or "property damage"
or engineering activities;arising out of the operation of any of
f.(2)the equipment listed in Paragraph (4)Medical,surgical,dental,x-ray or
f.(3)or of the definition of "mobile nursing services treatment,advice or
equipment";or instruction;
6)An aircraft that is not owned by any (5)Any health or therapeutic service
insured and is hired,chartered or loaned treatment, advice or instruction;
with a paid crew.However, this (6)Any service,treatment, advice or
exception does not apply if the insured
instruction for the purpose of
has any other insurance for such "bodily
appearance or skin enhancement,hair
injury"or "property damage",whether
removal or replacement or personal
the other insurance is primary,excess,
grooming;
contingent or on any other basis.
7)Optical or hearing aid services
h.Mobile Equipment
including the prescribing,preparation,
Bodily injury"or "property damage" fitting,demonstration or distribution of
arising out of:ophthalmic lenses and similar
products or hearing aid devices;(1)The transportation of "mobile equipment"
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)(1)( 3)( 4)Optometry or optometric services Paragraphs ,and 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
of Insurance applies to Damage To (9)Any:
Premises Rented To You as described in (
a)Body piercing ( not including ear D.Section - Limits Of Insurance.
piercing);
2)Paragraph of this exclusion does not(
b)Tattooing,including but not limited apply if the premises are "your work"and
to the insertion of pigments into or were never occupied,rented or held for
under the skin; and rental by you.
c)Similar services;(3) (4)Paragraphs and of this exclusion do
10)Services in the practice of pharmacy; not apply to the use of elevators.
and (3)( 4)( 5)( 6)Paragraphs ,,and of this
11)Computer consulting, design or exclusion do not apply to liability assumed
programming services,including web under a sidetrack agreement.
site design.(3)( 4)Paragraphs and of this exclusion do
4)( 5)Paragraphs and 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.
1.e.A.Paragraph in Section -Coverages.(6)Paragraph of this exclusion does not
k.Damage To Property apply to "property damage" included in the
products-completed operations hazard"."Property damage" to:
l.Damage To Your Product(1)Property you own,rent or occupy,
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 YourWorkreplacement,enhancement,
Property damage"to "your work" arisingrestorationormaintenanceofsuch
out of it or any part of it and included in thepropertyfor any reason,including
products-completed operations hazard".prevention of injury to a person or
damage to another's property;This exclusion does not apply if the
damaged work or the work out of which (2)Premises you sell, give away or
the damage arises was performed on yourabandon,if the "property damage"arises
behalf by a subcontractor.out of any part of those premises;
n.Damage To Impaired Property Or (3)Property loaned to you;
Property Not Physically Injured(
4)Personal property in the care,custody
Property damage"to "impaired property" or control of the insured;
or property that has not been physically (
5)That particular part of real property on injured, arising out of:
which you or any contractors or
1)A defect,deficiency,inadequacy orsubcontractorsworkingdirectlyor
dangerous condition in "your product" indirectly on your behalf are performing
or "your work"; oroperations,if the "property damage"
2)arises out of those operations;or A delay or failure by you or anyone
acting on your behalf to perform a (6)That particular part of any property
contract or agreement in accordancethat must be restored, repaired or
with its terms.replaced because " your work" was
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:
a)expense incurred by you or others for the 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 a.b.c.apply to Paragraphs ,and
withdrawn or recalled from the market or under the definition of "personal and
from use by any person or organization G.advertising injury"in Section –
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
linking to others on your web site,by "Personal and advertising injury":
itself,is not considered the business(
1)Arising out of oral, written or electronic
of advertising,broadcasting,
publication of material,if done by or at
publishing or telecasting;
the direction of the insured with
9)Arising out of an electronic chat roomknowledgeofitsfalsity;
or bulletin board the insured hosts, (
2)Arising out of oral, written or electronic
owns,or over which the insured
publication of material whose first
exercises control;
publication took place before the
10)Arising out of the unauthorized useofbeginningofthepolicyperiod;
another's name or product in your e-mail(
3)Arising out of a criminal act committed
address, domain name or metatags,orbyoratthedirectionoftheinsured;
any other similar tactics to mislead
4)Arising out of any breach of contract, another's potential customers;
except an implied contract to use (11)Arising out of the violation of a
another’s "advertising idea"in your
person's right of privacy created by "
advertisement";
any state or federal act.
5)Arising out of the failure of goods,
However,this exclusion does not
products or services to conform with
apply to liability for damages that the
any statement of quality or
insured would have in the absence of
performance made in your
such state or federal act;"
advertisement";
12)Arising out of:(
6)Arising out of the wrong description of
a)An "advertisement"for others onthepriceofgoods,products or services;
your web site;(
7)Arising out of any violation of any
b)Placing a link to a web site ofintellectual property rights such as
others on your web site;copyright,patent, trademark,trade
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
information,code,sounds, text,However,this exclusion does not
graphics or images;orapplytoinfringement,in your
advertisement",of (d)Computer code,software or
programming used to enable:(a)Copyright;
i)Your web site; or(b)Slogan, unless the slogan is also
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)(a)Arising out of a violation of any anti-May be awarded or incurred by
trust law;reason of any claim or suit
alleging actual or threatened injury (14)Arising out of the fluctuation in price or
or damage of any nature or kind tovalueofanystocks,bonds or other
persons or property which wouldsecurities; or
not have occurred in whole or in (
15)Arising out of discrimination or part but for the "asbestos hazard";
humiliation committed by or at the
b)Arise out of any request, demand, direction of any "executive officer",
order or statutory or regulatorydirector, stockholder, partner or
requirement that any insured ormemberofthe insured.
others test for,monitor,clean up,
q.Electronic Data remove, encapsulate,contain,
Damages arising out of the loss of,loss of treat,detoxify or neutralize or in
use of,damage to,corruption of,inability any way respond to or assess the
to access,or inability to manipulate effects of an "asbestos hazard"; or
electronic data".(c)Arise out of any claim or suit for
r.Employment-Related Practices damages because of testing for,
monitoring, cleaning up,removing,"Bodily injury"or "personal and advertising
encapsulating,containing,treating,injury"to:
detoxifying or neutralizing or in any(
1)A person arising out of 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
Methods Of Sending Material Or (c)Employment-related practices,
Informationpolicies,acts or omissions,such as
coercion,demotion,evaluation,"Bodily injury","property damage",or
reassignment,discipline,"personal and advertising injury" arising
defamation, harassment,humiliation directly or indirectly out of any action or
or discrimination directed at that omission that violates or is alleged to
person;or violate:
2)The spouse,child,parent,brother or (1)The Telephone Consumer Protection
sister of that person as a Act (TCPA), including any amendment
consequence of "bodily injury"or of or addition to such law;
personal and advertising injury" to the (
2)The CAN-SPAM Act of 2003, including
person at whom any of the
any amendment of or addition to such
employment-related practices
law;or(
a)(b)(c)described in Paragraphs ,,or
3)Any statute,ordinance or regulation,above is directed.
other than the TCPA or CAN-SPAMActThisexclusionapplies:
of 2003,that prohibits or limits the
1)Whether the insured may be liable as sending,transmitting,communicating or
an employer or in any other capacity;distribution of material or information.
and
Damage To Premises Rented To You –
2)To any obligation to share damages Exception For Damage By Fire,Lightning
with or repay someone else who must or Explosion
pay damages because of the injury.
c.h.k.o.Exclusions through and through do
s.Asbestos not apply to damage by fire,lightning or
explosion to premises rented to you or (1)"Bodily injury","property damage"or
temporarily occupied by you with permission of "personal and advertising injury"
the owner.A separate Limit of Insurancearisingoutofthe "asbestos hazard".
applies to this coverage as described in (2)Any damages,judgments, settlements,
D.Section -Liability And MedicalExpensesloss,costs or expenses that:
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
are also insureds, but only with respect toWe will not pay expenses for "bodily injury":
their duties as trustees.
a.Any Insured
2.Each of the following is also an insured:To any insured,except "volunteer workers".
a.Employees And VolunteerWorkersb.Hired Person
Your " volunteer workers" onlywhileToapersonhiredtodoworkfororonbehalf
performing duties related to the conduct ofofanyinsuredoratenantofanyinsured.
your business,or your "employees", other
c.Injury On Normally Occupied Premises than either your "executive officers"(if you
To a person injured on that part of are an organization other than a
premises you own or rent that the person partnership,joint venture or limited liability
normally occupies.company)or your managers (if you are a
limited liability company),but only for actsd.Workers' Compensation And Similar
within the scope of their employment byLaws
you or while performing duties related to
To a person, whether or not an
the conduct of your business."
employee"of any insured,if benefits for
However,none of these " employees"orthe "bodily injury"are payable or must be
volunteer workers" are insureds for:provided under a workers'compensation
or disability benefits law or a similar law.(1)"Bodily injury"or "personal and
advertising injury":e.Athletics Activities
a)To you,to your partners orToaperson injured while practicing,
members (if you are a partnershipinstructingorparticipatinginanyphysical
or joint venture),to your membersexercisesorgames,sports or athletic
if you are a limited liabilitycontests.
company),or to a co-"employee"
f.Products-Completed Operations Hazard
while in the course of his or her
Included with the "products-completed employment or performing duties
operations hazard".related to the conduct of your
business,or to your otherg.Business Liability Exclusions
volunteer workers"whileExcludedunderBusinessLiabilityCoverage.
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,
brother or sister of that co-a.An individual,you and your spouse are
employee"or that "volunteerinsureds,but only with respect to the
worker"as a consequence ofconductof a business of which you are the
1)(a)Paragraph above;sole owner.
c)For which there is any obligationb.A partnership or joint venture,you are an
to share damages with or repayinsured.Your members,your partners,and
someone else who must paytheir spouses are also insureds,but only with
damages because of the injuryrespecttotheconductofyourbusiness.
1)(a)described in Paragraphsorc.A limited liability company,you are an (
b) above; orinsured.Your members are also insureds,
d)Arising out of his or her providingbutonlywithrespecttotheconductofyour
or failing to provide professionalbusiness.Your managers are insureds,but
health care services.only with respect to their duties as your
managers.If you are not in the business of
providing professional healthcared.An organization other than a partnership,
d)services, Paragraph does notapplyjointventureorlimitedliabilitycompany,you
to any nurse,emergencymedicalareaninsured.Your "executive officers"and
technician or paramedic employedbydirectorsareinsureds,but only with respect
you to provide such services.to their duties as your officers or directors.
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)b.Rented to,in the care,custody or Coverage under this provision does not
control of,or over which physical apply to:
control is being exercised for any (1)"Bodily injury"or "property damage"
purpose by you, any of your that occurred;or
employees","volunteer workers", (
2)"Personal and advertising injury" any partner or member (if you are
arising out of an offensecommittedapartnershiporjointventure),or
before you acquired or formed theanymember (if you are a limited
organization.liability company).
4.Operator Of MobileEquipmentb.Real Estate Manager
With respect to "mobile equipment" registeredinAnyperson (other than your "employee"or
your name under any motor vehicle registration"volunteer worker"),or any organization
law,any person is an insured while drivingsuchwhileactingas your real estate manager.
equipment along a public highway withyourc.Temporary Custodians Of Your
permission.Any other person ororganizationProperty
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 oruse of that property;and However, no person or organization is an insured
with respect to:(2)Until your legal representative has
been appointed.a."Bodily injury"to a co-"employee"of the
person driving the equipment;ord.Legal Representative If You Die
b."Property damage"to property owned by, Your legal representative if you die,but
rented to,in the charge of or occupiedbyonlywithrespecttodutiesassuch.That
you or the employer of any person who isrepresentativewillhaveallyourrightsand
an insured under this provision.duties under this insurance.
5.Operator of NonownedWatercrafte.Unnamed Subsidiary
With respect to watercraft you do not own thatAnysubsidiaryandsubsidiary thereof,of
is less than 51 feet long and is not being usedyours which is a legally incorporated entity
to carry persons for a charge, any person is anofwhichyouownafinancialinterestof
insured while operating such watercraft withmorethan50% of the voting stock on the
your permission.Any other person oreffectivedateofthisCoveragePart.
organization responsible for the conduct of
The insurance afforded herein for any such person is also an insured, but only with
subsidiary not shown in the Declarations respect to liability arising out of the operation
as a named insured does not apply to of the watercraft,and only if nootherinjuryordamagewithrespecttowhichaninsuranceofanykindisavailabletothat
insured under this insurance is also an person or organization for this liability.
insured under another policy or would be
However,no person or organization is ananinsured under such policy but for its
insured with respect to:termination or upon the exhaustion of its
limits of insurance.a."Bodily injury"to a co-"employee"of the
person operating the watercraft;or3.Newly Acquired Or Formed Organization
b."Property damage"to property owned by,Any organization you newly acquire or form,
rented to,in the charge of or occupied byother than a partnership,joint venture or
you or the employer of any person who islimited liability company,and over which you
an insured under this provision.maintain financial interest of more than 50%of
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 a.f.Paragraphs through 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
e)contract, written agreement or because of a 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
products;A person or organization is an additional
f)Demonstration,installation, insured under this provision only for that
servicing or repair operations, period of time required by the contract,
except such operations performedagreementorpermit.
at the vendor's premises in
However,no such person or organization is an connection with the sale of the
additional insured under this provision if such product;
person or organization is included as an
g)Products which,after distributionadditionalinsuredbyanendorsementissued
or sale by you,have been labeledby us and made a part of this Coverage Part,
or relabeled or used as aincludingallpersonsororganizations added
container,part or ingredient of anyasadditionalinsuredsunder the specific
other thing or substance by or foradditionalinsured coverage grants in Section
the vendor; orF.–Optional Additional Insured Coverages.
h)"Bodily injury"or "propertya. Vendors
damage"arising out of the sole
Any person(s)or organization(s)(referred to negligence of the vendor for its
below as vendor),but only with respect to own acts or omissions or those of"
bodily injury"or "property damage" arising its employees or anyone else
out of "your products"which are distributed acting on its behalf. However, thisorsoldintheregularcourseofthevendor's exclusion does not apply to:
business and only if this Coverage Part
i)The exceptions contained inprovidescoveragefor "bodily injury"or
d)(f)Subparagraphs or ; or"property damage"included within the
ii)"products-completed operations hazard".Such inspections, adjustments,
tests or servicing as the vendor(1)The insurance afforded to the vendor
has agreed to make ornormallyissubjecttothefollowingadditional
undertakes to make in theusualexclusions:
course of business,inThisinsurancedoesnotapplyto: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 toanyobligatedtopaydamagesbyinsuredpersonororganizationfromreasonoftheassumptionofwhomyouhaveacquiredsuchproducts,
liability in a contract or agreement. or any ingredient,part or container,
This exclusion does not apply to entering into,accompanyingorliabilityfordamagesthatthecontainingsuchproducts.
vendor would have in the absence
b.Lessors OfEquipmentofthecontractoragreement;
1)Any person or organization from (b)Any express warranty
whom you lease equipment;but onlyunauthorizedbyyou;
with respect to their liability for "bodily (
c)Any physical or chemical change injury","property damage"orintheproductmadeintentionally "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)e.Permits Issued By State Or PoliticalWithrespecttothe insurance afforded
Subdivisionstotheseadditionalinsureds,this
insurance does not apply to any (1)Any state or political subdivision,but
occurrence" which takes place after only with respect to operations
you cease to lease that equipment.performed by you or on your behalf for
c.Lessors Of Land Or Premises which the state or political subdivision
has issued a permit.(1)Any person or organization from
2)whom you lease land or premises,but With respect to the insurance afforded
only with respect to liability arising out to these additional insureds, this
of the ownership,maintenance or use insurance does not apply to:
of that part of the land or premises (a)"Bodily injury","property damage"
leased to you.or "personal and advertising
2)With respect to the insurance afforded injury" arising out of operations
to these additional insureds, this performed for the state or
insurance does not apply to:municipality; or
a)(b)Any "occurrence"which takes "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 a.is not an insured under Paragraphs
operations performed by or on ethrough.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
in part,by your acts or omissions or(1)Any architect, engineer,or surveyor,but
the acts or omissions of those actingonlywithrespecttoliabilityfor " bodily
on your behalf:injury","property damage"or "personal
a)and advertising injury"caused,in whole 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
ii)This insurance does not apply to This Coverage Part provides
bodily injury","property damage"or coverage for "bodily injury"or
personal and advertising injury" "property damage" included
arising out of the rendering of or the within the "products-
failure to render any professional completed operations hazard".
services by or for you, including:(2)With respect to the insurance afforded
a)The preparing, approving,or to these additional insureds, this
failure to prepare or approve, insurance does not apply to:
maps,shop drawings, opinions, "Bodily injury","property damage"or
reports,surveys,field orders, "personal and advertising injury"
change orders,designs or arising out of the rendering of,or the
drawings and specifications; or failure to render,any professional
b)Supervisory, inspection, architectural, engineering or surveying
architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
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)3.Each OccurrenceLimitSupervisory,inspection,
architectural or engineering 2.a. 2.bSubjecttoor 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",
D.insureds are described in Section – Limits "property damage"and medical expenses
Of Insurance.arising out of any one "occurrence"is the
Liability and Medical Expenses Limit shown inHowthisinsurance applies when other
the Declarations.insurance is available to an additional insured
is described in the Other Insurance Condition The most we will pay for all medical expenses
E.in Section – Liability And Medical Expenses because of "bodily injury"sustained by any
General Conditions.one person is the Medical Expenses Limit
shown in the Declarations.No person or organization is an insured with
4.Personal And Advertising InjuryLimitrespecttotheconductofanycurrentorpast
partnership,joint venture or limited liability 2.b.Subject to 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
any one person or organization is the PersonalD. LIABILITY AND MEDICAL EXPENSES
and Advertising Injury Limit shown in theLIMITS OF INSURANCE
Declarations.
1.The Most We Will Pay
5.Damage To Premises Rented To You Limit
The Limits of Insurance shown in the
The Damage To Premises Rented To YouDeclarationsandtherules below fix the most
Limit is the most we will pay under Businesswewillpayregardlessofthenumberof:
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,
lightning or explosion,while rented to you orc.Persons or organizations making claims or
temporarily occupied by you with permission ofbringing "suits".
the owner. 2.Aggregate Limits
In the case of damage by fire,lightning orThemostwewillpayfor:
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 AdditionalInsuredsDeclarations.
The most we will pay on behalf of a person orb.Damages because of all other " bodily
organization who is an additional insuredinjury","property damage"or "personal
under this Coverage Part is the lesser of:and advertising injury",including medical
a.The limits of insurance specified in aexpenses,is the General Aggregate Limit
written contract,written agreement orshownintheDeclarations.
permit issued by a state or politicalThis General Aggregate Limit applies
subdivision;orseparatelytoeachofyour"locations"
b.The Limits of Insurance shown in theownedby or rented to you.
Declarations."Location"means premises involving the
Such amount shall be a part of and not insameorconnectinglots,or premises
addition to the Limits of Insurance shown inwhoseconnectionisinterruptedonlybya
the Declarations and described in this Section.street,roadway or right-of-way of a
railroad.
Page 14 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
1)If more than one limit of insurance under this Immediately send us copies of any
policy and any endorsements attached thereto demands,notices,summonses or
applies to any claim or "suit", the most we will pay legal papers received in connection
under this policy and the endorsements is the with the claim or "suit";
single highest limit of liability of all coverages (2)Authorize us to obtain records and
applicable to such claim or "suit".However,this other information;
paragraph does not apply to the Medical Expenses (
3)Cooperate with us in the investigation, 3.limit set forth in Paragraph above.
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the "suit";and
separately to each consecutive annual period and to (4)Assist us,upon our request,in the
any remaining period of less than 12 months, starting enforcement of any right against any
with the beginning of the policy period shown in the person or organization that may be
Declarations,unless the policy period is extended liable to the insured because of injury
after issuance for an additional period of less than 12 or damage to which this insurance
months.In that case, the additional period will be may also apply.
deemed part of the last preceding period for purposes
d.Obligations At The Insured's OwnCostofdeterminingtheLimitsofInsurance.
No insured will,except at that insured'sownE.LIABILITY AND MEDICAL EXPENSES cost,voluntarily make a payment, assume
GENERAL CONDITIONS any obligation,or incur any expense,other
than for firstaid,without our consent.1.Bankruptcy
e.Additional Insured's OtherInsuranceBankruptcyorinsolvencyoftheinsuredorof
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
by other insurance available to an2. Duties In The Event Of Occurrence,
additional insured,such additional insuredOffense, Claim Or Suit
must submit such claim or "suit"to thea. Notice Of Occurrence Or Offense
other insurer for defense and indemnity.
You or any additional insured must see to
However,this provision does not apply toitthatwe are notified as soon as
the extent that you have agreed in apracticableof an "occurrence"or an
written contract,written agreement oroffense which may result in a claim.To
permit that this insurance is primary andtheextentpossible,notice should include:
non-contributory with the additional
1)How,when and where the "occurrence"insured's own insurance.
or offense took place;
f.Knowledge Of An Occurrence, Offense,
2)The names and addresses of any Claim Or Suit
injured persons and witnesses;and
a.b.Paragraphs and apply to you or to
3)The nature and location of any injury any additional insured only when such
or damage arising out of the "occurrence", offense,claim or "suit"is
occurrence"or offense.known to:
b.Notice Of Claim (1)You or any additional insured that is
an individual;If a claim is made or "suit"is brought
against any insured,you or any additional (2)Any partner,if you or an additional
insured must:insured is a partnership;
1)Immediately record the specifics of the (3)Any manager,if you or an additional
claim or "suit"and the date received; insured is a limited liability company;
and (
4)Any "executive officer"or insurance
2)Notify us as soon as practicable.manager,if you or an additional
insured is a corporation;You or any additional insured must see to
it that we receive a written notice of the (5)Any trustee,if you or an additional
claim or "suit" as soon as practicable.insured is a trust;or
c.Assistance And Cooperation Of The (6)Any elected or appointed official, if you
Insured or an additional insured is a political
subdivision or public entity.You and any other involved insured must:
Form SS 00 08 04 05 Page 15 of 24
BUSINESS LIABILITY COVERAGE FORM
f.(3)This Paragraph applies separately to We have issued this policy in reliance
you and any additional insured.upon your representations.
3. Financial Responsibility Laws b.Unintentional Failure To Disclose
Hazardsa.When this policy is certified as proof of
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
a.PrimaryInsurancecoveragerequiredbyanymotorvehicle
b.law. We will provide the required limits for This insurance is primary except when
those coverages.below applies.If other insurance is also
primary,we will share with all that other4. Legal Action Against Us
c.insurance by the method describedinNopersonororganizationhasarightunder
below.
this Coverage Form:
b.ExcessInsurancea.To join us as a party or otherwise bring us
This insurance is excess over any of theintoa "suit" asking for damages from an
other insurance,whether primary, excess, insured;or
contingent or on any other basis:b.To sue us on this Coverage Form unless
1)YourWorkallofitstermshavebeenfullycomplied
with.That is Fire,Extended Coverage,
Builder's Risk,Installation Risk orApersonororganizationmaysue us to recover
similar coverage for "your work";on an agreed settlement or on a final judgment
against an insured;but we will not be liable for (2)Premises Rented To You
damages that are not payable under the terms of
That is fire,lightning or explosionthisinsuranceorthatareinexcessofthe
insurance for premises rented to youapplicablelimitofinsurance.An agreed
or temporarily occupied by you withsettlementmeansasettlementandreleaseof
permission of the owner;liability signed by us,the insured and the
3)TenantLiabilityclaimantortheclaimant's legal representative.
That is insurance purchased by you to5.Separation Of Insureds
cover your liability as a tenant forExceptwithrespecttotheLimitsofInsurance, "
property damage"to premises rentedandanyrightsorduties specifically assigned
to you or temporarily occupied by youinthis policy to the first Named Insured,this
with permission of the owner;insurance applies:
4)Aircraft,Auto OrWatercrafta.As if each Named Insured were the only
If the loss arises out of themaintenanceNamedInsured;and
or use of aircraft, "autos" or watercrafttob.Separately to each insured against whom
g.the extent not subject to Exclusionofaclaimismadeor "suit"is brought.
A.Section –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
damage"to borrowed equipment or (1)The statements in the Declarations
the use of elevators to the extent notareaccurateandcomplete;
k.A.subject to Exclusion of Section –(2)Those statements are based upon
Coverages.representations you made to us; and
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
exceeds the sum of:That is other insurance available to
1)you covering liability for damages 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
Declarations of this Coverage Part.However,the following provisions
c.Method OfSharingapplytootherinsuranceavailableto
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
insurance or none of the loss remains, This insurance is primary if you
whichever comes first.have agreed in a written contract,
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
c.by the method described in applicable limit of insurance to the total
below.applicable limits of insurance ofall 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
a)(b)Paragraphs and do not apply to apply to Medical Expenses Coverage.
other insurance to which the additional b.Waiver Of Rights Of Recovery (Waiver
insured has been added as an Of Subrogation)
additional insured.
If the insured has waived any rights of
When this insurance is excess,we will recovery against any person or
have no duty under this Coverage Part to organization for all or part of any payment,
defend the insured against any "suit" if any including Supplementary Payments,we
other insurer has a duty to defend the have made under this Coverage Part,we
insured against that "suit".If no other also waive that right, provided the insured
insurer defends,we will undertake to do waived their rights of recovery against
so,but we will be entitled to the insured's such person or organization in a contract,
rights against all those other insurers.agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
BUSINESS LIABILITY COVERAGE FORM
3.Additional Insured -Grantor OfFranchiseF.OPTIONAL ADDITIONAL INSURED
C.WHO IS AN INSURED under SectionisCOVERAGES
amended to include as an additional insuredIflistedorshownasapplicableintheDeclarations,
the person(s) or organization(s)shown in theoneormoreofthefollowing Optional Additional
Declarations as an Additional Insured -Insured Coverages also apply. When any of these
Grantor Of Franchise,but only with respect toOptional Additional Insured Coverages apply,
their liability as grantor of franchise to you.6.Paragraph ( Additional Insureds When Required
4.Additional Insured -Lessor OfLeasedbyWrittenContract,Written Agreement or Permit)
EquipmentC.of Section ,Who Is An Insured, does not apply
to the person or organization shown in the a.C.WHO IS AN INSURED under Section 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,
but only with respect to liability for "bodily1.Additional Insured -Designated Person Or
injury","property damage"or "personalOrganization
and advertising injury" caused,in whole orC.WHO IS AN INSURED under Section is
in part,by your maintenance, operationoramendedtoincludeasanadditionalinsured
use of equipment leased to you by suchthe person(s) or organization(s)shown in the
person(s)or organization(s).Declarations,but only with respect to liability
b.With respect to the insurance afforded tofor "bodily injury","property damage"or
these additional insureds, this insurance "personal and advertising injury" caused,in
does not apply to any "occurrence" whichwholeorinpart,by your acts or omissions or
takes place after you cease to lease thattheactsoromissionsofthoseactingonyour
equipment.behalf:
5.Additional Insured -Owners Or Othera.In the performance of your ongoing
Interests From Whom Land Has Beenoperations; or
Leasedb.In connection with your premises owned
a.C. WHO IS AN INSURED under Section isbyorrentedtoyou.
amended to include as an additional2.Additional Insured -Managers Or Lessors
insured the person(s) or organization(s) Of Premises
shown in the Declarations as an Additional
a.C.WHO IS AN INSURED under Section is Insured – Owners Or Other Interests From
amended to include as an additional insured Whom Land Has Been Leased,but only
the person(s) or organization(s)shown in the with respect to liability arising out of the
Declarations as an Additional Insured -ownership, maintenance or use of that part
Designated Person Or Organization;but only of the land leased to you and shown in the
with respect to liability arising out of the Declarations.
ownership,maintenance or use of that part of
b.With respect to the insurance afforded tothepremisesleasedtoyouandshowninthe
these additional insureds, the followingDeclarations.
additional exclusions apply:
b.With respect to the insurance afforded to
This insurance does not apply to:these additional insureds, the following
1)Any "occurrence"that takes placeadditionalexclusionsapply:
after you cease to lease that land;orThisinsurancedoesnotapplyto:
2)Structural alterations,new (1)Any "occurrence" which takes place
construction or demolition operationsafteryouceaseto be a tenant in that
performed by or on behalf of suchpremises; or
person or organization.
2)Structural alterations,new
6.Additional Insured -State OrPoliticalconstructionordemolitionoperations
Subdivision –Permitsperformedbyoronbehalfofsuch
a.C.WHO IS AN INSURED under Sectionispersonororganization.
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
e)Insured –State Or Political Subdivision -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
business,in connection withtheb.With respect to the insurance afforded to
distribution or sale of the products;these additional insureds, the following
f)Demonstration,installation, additional exclusions apply:
servicing or repair operations, This insurance does not apply to:
except such operations performed (
1)"Bodily injury","property damage"or at the vendor's premises in
personal and advertising injury" connection with the sale of the
arising out of operations performed for product;
the state or municipality;or
g)Products which,after distribution (
2)"Bodily injury"or "property damage" or sale by you,have been labeled
included in the "product-completed or relabeled or used as a
operations"hazard.container,part or ingredient of any
7.Additional Insured –Vendors other thing or substance by or for
the vendor; ora.C.WHO IS AN INSURED under Section is
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 (i)The exceptions contained in
business and only if this Coverage Part (d)(f)Subparagraphs or ; or
provides coverage for "bodily injury"or
ii)Such inspections, "property damage"included within the
adjustments,tests or servicing "products-completed operations hazard".
as the vendor has agreed to
b.The insurance afforded to the vendor is make or normally undertakes
subject to the following additional exclusions:to make in the usual course of
1)This insurance does not apply to:business,in connection with
the distribution or sale of the (a)"Bodily injury"or "property
products.damage"for which the vendor is
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;C.WHO IS AN INSURED under Section 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 –
Controlling Interest,but only with respect to (d)Repackaging,unless unpacked
their liability arising out of:solely for the purpose of inspection,
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
D.alterations,new construction and demolition insureds are described in Section –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 E.the Other Insurance Condition in Section –
Organization Liability And Medical Expenses General
Conditions.a.C. WHO IS AN INSURED under Section is
amended to include as an additional G.LIABILITY AND MEDICAL EXPENSES
insured the person(s) or organization(s)
DEFINITIONSshownintheDeclarationsasanAdditional
1."Advertisement"means the widespread publicInsured – Owner, Lessees Or Contractors,
dissemination of information or images thatbutonlywithrespecttoliabilityfor "bodily
has the purpose of inducing the sale of goods, injury","property damage"or "personal
products or services through:and advertising injury" caused,in whole or
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
5)Newspaper;insured(s);or
b.The Internet,but only that part of a web (2)In connection with "your work"
site that is about goods,products orperformedforthatadditional insured
services for the purposes of inducing theandincludedwithin the "products-
sale of goods, products or services; orcompletedoperationshazard",but
c.Any other publication that is givenonlyifthisCoveragePartprovides
widespread public distribution.coverage for "bodily injury"or
property damage"included within the However, "advertisement"does not include:
products-completed operations
a.The design,printed material, informationhazard".
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
b.An interactive conversation betweenordamage"or "personal an advertising
among persons through a computer network.injury" arising out of the rendering of,or
2."Advertising idea"means any idea for anthe failure to render,any professional
advertisement".architectural, engineering or surveying
services, including:3."Asbestos hazard"means an exposure or
threat of exposure to the actual or alleged(1)The preparing, approving,or failure to
properties of asbestos and includes the mereprepareorapprove,maps,shop
presence of asbestos in any form.drawings, opinions, reports, surveys,
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
roads,including any attached machinery or (2)Supervisory, inspection, architectural
equipment.But "auto"does not includeorengineering activities.
mobile equipment".10.Additional Insured –Co-Owner Of Insured
5."Bodily injury" means physical:Premises
a.Injury;C.WHO IS AN INSURED under Section is
amended to include as an additional insured b.Sickness; or
the person(s) or Organization(s)shown in the c.DiseaseDeclarationsasanAdditionalInsured–Co-
sustained by a person and,if arising out of theOwnerOfInsuredPremises,but only with
above, mental anguish or death at any time.respect to their liability as co-owner of the
premises shown in the Declarations.6."Coverage territory" means:
Page 20 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
a.b.The United States of America (including its 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
a.places included in 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
a.A contract for a lease of premises. a.in the territory described in above;
However,that portion of the contract for a
2)The activities of a person whose home lease of premises that indemnifies any
aisintheterritorydescribedin. 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
D.communication –Liability and Medical Expenses Limits
of Insurance.provided the insured's responsibility to pay
b.damages is determined in the United States of 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
agreement pertaining to your businesscomputersoftware, including systems and
including an indemnification of aapplications software,hard or floppy disks,
municipality in connection with workCD-ROMS,tapes,drives,cells,data
performed for a municipality)underwhichprocessingdevicesoranyothermediawhich
you assume the tort liability of anotherareusedwithelectronically controlled
party to pay for "bodily injury"or "propertyequipment.
damage"to a third person or organization, 8."Employee"includes a "leased worker".
provided the "bodily injury"or "property "Employee"does not include a "temporary
damage"is caused,in whole or in part,byworker".
you or by those acting on your behalf.
9."Executive officer"means a person holding Tort liability means a liability that would be
any of the officer positions created by your imposed by law in the absence of any
charter, constitution,by-laws or any other contract or agreement.
similar governing document.
f.Paragraph includes that part of any
10."Hostile fire"means one which becomes contract or agreement that indemnifies a
uncontrollable or breaks out from where it was railroad for "bodily injury"or "property
intended to be.damage"arising out of construction or
demolition operations within 50 feet of any11."Impaired property"means tangible property,
railroad property and affecting any railroadother than "your product"or "your work",that
bridge or trestle, tracks,road-beds, tunnel, cannot be used or is less useful because:
underpass or crossing.a.It incorporates "your product"or "your work"
f.However, Paragraph does not includethatisknownorthoughttobedefective,
that part of any contract or agreement:deficient,inadequate or dangerous;or
Form SS 00 08 04 05 Page 21 of 24
BUSINESS LIABILITY COVERAGE FORM
1)(1)That indemnifies an architect, 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.a.b.c.d.Vehicles not described in ,,,or
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
f.a.b.c.d.Vehicles not described in ,,,orprofessionalservices,including those
above maintained primarily for purposes (1)listed in above and supervisory,
other than the transportation of personsorinspection,architectural or
cargo.engineering activities.
However,self-propelled vehicles withthe13."Leased worker" means a person leased to
following types of permanently attachedyoubyalabor leasing firm under an
equipment are not "mobile equipment"butagreement between you and the labor leasing
will be considered "autos":firm, to perform duties related to the conduct of
1)Equipment,of at least 1,000 poundsyourbusiness."Leased worker"does not
gross vehicle weight,designedincludea "temporary worker".
primarily for:14."Loading or unloading"means the handling of
a)Snow removal;property:
b)Road maintenance,but nota.After it is moved from the place where it is
construction or resurfacing;oracceptedformovementintoorontoan
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
chassis and used to raise or lowerc.While it is being moved from an aircraft,
workers; andwatercraftor"auto"to the place where it is
finally delivered;(3)Air compressors,pumps and
generators,including spraying, but "loading or unloading"does not include the
welding, building cleaning, movement of property by means of a mechanical
geophysical exploration, lighting anddevice, other than a hand truck,that is not
well servicing equipment.attached to the aircraft, watercraft or "auto".
16."Occurrence"means an accident,including15."Mobile equipment" means any of the following
continuous or repeated exposure tosubstantiallytypesoflandvehicles,including any attached
the same general harmful conditions.machinery or equipment:
17."Personal and advertising injury" means injury, a.Bulldozers, farm machinery, forklifts and
including consequential "bodily injury", arisingother vehicles designed for use principally
out of one or more of the following offenses:off public roads;
a.False arrest, detention or imprisonment;b.Vehicles maintained for use solely on or
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.b.Oral,written or electronic publication of 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
was created by the " loadingorg.Infringement of copyright, slogan, or title of
unloading"of that vehicle by anyanyliteraryorartistic work,in your
insured;or"advertisement"; or
2)The existence of tools, uninstalledh.Discrimination or humiliation that results in
equipment or abandoned orunusedinjurytothefeelingsorreputationofa
materials.natural person.
20."Property damage" means:18."Pollutants"means any solid, liquid,gaseous or
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
physical injury that caused it; or19."Products-completed operations hazard";
b.Loss of use of tangible property that is nota.Includes all "bodily injury"and "property
physically injured.All such loss of usedamage"occurring away from premises
shall be deemed to occur at the time ofyouownorrentandarisingoutof "your
occurrence"that caused it.product" or "your work"except:
As used in this definition,"electronic data"is (1)Products that are still in your physical
not tangible property.possession;or
21."Suit"means a civil proceeding in which(2)Work that has not yet been completed
damages because of "bodily injury","propertyorabandoned. However," your work"
damage"or "personal and advertising injury" will be deemed to be completed at the
to which this insurance applies are alleged. earliest of the following times:
Suit" includes:(a)When all of the work called for in
a.An arbitration proceeding in which suchyourcontract has been completed.
damages are claimed and to which the (b)When all of the work to be done at
insured must submit or does submitwiththejobsitehasbeencompletedif
our consent; oryourcontractcallsforworkat
b.Any other alternative dispute resolutionmore than one job site.
proceeding in which such damages are (c)When that part of the work done at
claimed and to which the insured submitsajobsite has been put to its
with our consent.intended use by any person or
22."Temporary worker" means a person who isorganization other than another
furnished to you to substitute for apermanentcontractororsubcontractor
employee"on leave or to meet seasonal orworkingonthesameproject.
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.(2)Donates his or her work;The providing of or failure to provide
warnings or instructions.c.Acts at the direction of and within the
c.scope of duties determined by you;and 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)b.Others trading under your name; 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)(2)Containers (other than vehicles), 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