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15-033.00 Sargent Engineers: Argonne Bridge over I-90 Widening Study
t i AGREEMENT FOR PROFESSIONAL SERVICES Sargent Engineers,Inc. Argonne Road Bridge over I-90—Widening Study Project IS - 033 THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter"City" and Sargent Engineers, Inc., hereinafter"Consultant,"jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1.Work to Be Performed. Consultant shall provide all labor,services and material to satisfactorily complete the attached Scope of Services. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work,Consultant shall contact the City Manager or designee to review the Scope of Services,schedule and date of completion. The Scope of Services is attached hereto as Exhibit 1. Upon notice from the City Manager or designee, Consultant shall commence work,perform the requested tasks in the Scope of Services,stop work and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement,Consultant represents it possesses the ability,skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient compensation for its timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession,and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by March 31, 2015, unless the time for performance is extended in writing by the Parties. Agreement for Professional Services—Sargent Engineers,Inc Page 1 of 6 Either Party may terminate this Agreement for material breach after providing the other Party with at least ten days' prior notice and an opportunity to cure the breach. City may, in addition,terminate this Agreement for any reason by ten days' written notice to Consultant. In the event of termination without breach,City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant$5,000.00,as full compensation for everything done under this Agreement. Consultant shall not perform any extra,further or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below stated address. City reserves the right to withhold payment under this Agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code, and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk Name: Erik C. Martin, Principal Phone: (509) 921-1000 Phone: (360) 867-9284 Address: 11707 East Sprague Ave, Suite 106 Address: 320 Ronlee Lane NW Spokane Valley, WA 99206 Olympia, WA 98502-9241 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws and regulations. Consultant warrants that its designs,construction documents, and services shall confirm to all federal, state and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement,the Consultant certifies to the best of its knowledge and belief,that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local)terminated for cause or default. Agreement for Professional Services—Sargent Engineers,Inc Page 2 of 6 J B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8.Relationship of the Parties. It is understood,agreed and declared that Consultant shall be an independent contractor,and not the agent or employee of City,that City is interested in only the results to be achieved,and that the right to control the particular manner,method and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City_under this Agreement shall be deemed employees solely of Consultant.The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings,plans, specifications,and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. The written,graphic,mapped,photographic,or visual documents prepared by Consultant under this Agreement shall,unless otherwise provided,be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish,disclose,distribute and otherwise use,in whole or in part, any reports, data, drawings, images or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. 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 Consultant, its 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 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. City shall be named as an insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: Agreement for Professional Services—Sargent Engineers,Inc Page 3 of 6 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. 3. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 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. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 12. Indemnification and Hold Harmless. Consultant shall,at its sole expense,defend,indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees and costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Consultant's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Consultant's duty to defend,indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of(a) City or City's agents or employees, and (b) Consultant, Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Consultant, Consultant's agents, subcontractors, subconsultants and employees. Consultant's duty to defend, indemnify and hold City harmless shall include,as to all claims,demands,losses and liability to which it applies, City's personnel-related costs, reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection, and all other claim-related expenses. Agreement for Professional Services-Sargent Engineers,Inc Page 4 of 6 1 Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City, and does not include, or extend to, any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13. Waiver. No officer, employee, agent or other individual acting on behalf of either Party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein,Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may,from time to time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing,Consultant agrees that it may,at City's request,be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of,or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s) decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified or altered except in writing signed by the Parties hereto. 20. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Prior to commencement of work under this Agreement,Consultant shall register Agreement for Professional Services—Sargent Engineers,Inc Page 5 of 6 • with the City as a business. 22. Severability. If any section,sentence,clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Scope of Services 2. Insurance Certificatesth The Parties have executed this Agreement this apday of 4uck , 20/57 CITY OF SPOKANE VALLEY Consultant: 41111.1":-- By: Erik C. Martin 1 _ i4( C4 � ,� C��,,/ Aitactctge Its: Principal ATTAT/ APPROVED AS 0 FORM: / 11 ,41t/V Christine Bainbridge, City Clerk O ice o City r orn y Agreement for Professional Services—Sargent Engineers,Inc Page 6 of 6 SARGENT Sargent Engineers,Inc. 320 Ronlee Lane NW Olympia,Washington 98502-9241 Tel 360 867-9284 Fax 360 867-9318 www.sargentengineers.com February 23, 2015 Mr. Steve Worley City of Spokane Valley- Public Works 11707 E. Sprague, Suite 106 Spokane Valley, WA 99206 RE: Argonne Bridge Widening Study Project Project No.: A15100.00 Dear Mr. Worley: You have asked us to determine the feasibility of widening the existing Argonne Road Bridge over Interstate 90. You need this information to determine if the City will be submitting a grant application for the project. The current plan is to remove the existing curb and railing from one side of the existing bridge (likely the west side)and adding a third lane and a ten foot sidewalk with bridge rail. Scope of Work You have asked us to assist you with this project. Our scope of work includes the following items: • Review as-built drawings, current inspection report, and current load ratings for the existing bridge (all to be provided by the City via WSDOT). • Determining the structural feasibility of widening the bridge. This may require preliminary analysis of the existing bridge and widening members for the bridge based on AASHTO and WSDOT criteria. • We will then develop a cost estimate for the widening to include costs for the bridge structure, and estimated costs for approach fills and HMA necessary to widen the approach roadways. This estimate will be a rough order of magnitude estimate with limited details. • We will provide a report documenting the results of our study. • We will also provide a preliminary plan and section of the widened bridge structure. City Scope of Work The City will perform the following tasks. • Provide available as-built plans, inspection reports, and load ratings for the existing bridge. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The one page(s) entitled “Consultant Fee” contain(s) confidential cost and rate data and is(are) withheld from public disclosure pursuant to 23 USC 112(2)(E). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. SARGENG-01 AHARMAN ACORO' DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 3/9/2015 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 SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: The Dalles Office PHONE FAX Pa neWest Insurance,Inc. (A/C.No.Ext):(541)296-2268 (A/C,No):(541)296-9427 P.O.Box 1940 E-MAILDRESS: The Dalles,OR 97058 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:U.S.Specialty Insurance Co INSURED INSURER B: Sargent Engineers,Inc INSURERC: 320 Ronlee Lane NW INSURER D: Olympia,WA 98502 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. ILICY EXP NS TYPE OF INSURANCE AINSD DDL SWVD POLICY NUMBER IUBR MM/DD//YYYY) (ICY EFF MMIDDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE TO $ CLAIMS-MADE OCCUR PREMISES Ea occu RENTED $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE '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 SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS AUTOS (Per PROPERTY DAMAGE $ accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY STATUTE EERH Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Prof Liability USS1425104 08/16/2014 08/16/2015 Ea Claim/Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Argonne Road Bridge over 1-90—Widening Study Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E.Sprague Avenue,Suite 106 Spokane,WA 99206 AUTHORIZED REPRESENTATIVE goAtudtk--- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD -----'""4SARGENG-01 AHARMAN A bU° DATE(MMIDDIYYTY) CERTIFICATE OF LIABILITY INSURANCE 3/9!2015 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 poiicy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER - CONTACT NAME: The Dalles Office PHONE FAX Pa newest Insurance,Inc. (AIC No.EIRI:(541)296-2268 (NC,No):(541)296-9427 P.O.Box 1940 E-MAIL The Dallas,OR 97058 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC It INSURERA:Hartford Casualty Insurance Co 29424 INSURED INSURER B: i Sargent Engineers,Inc INSURER C: 320 Ronlee Lane NW INSURER D: Olympia,WA 98502 INSURERS: INSURER F: . COVERAGES CERTIFICATE NUMBER: ..REVISION UMBER: . 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. IL SSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE INSO 1NY0 POLICY NUMBER (MMIDD/YYYYI (MMIDDIYYYYI LIMITS A X. COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE )S OCCUR 52SBAVW7185 02/21/2015 02/21/2016 PREMSESOIEsoccu soca) $ 1,000,000 MED EXP(Any one person) _ $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 . POLICY X 28:: n LOC PRODUCTS-COMP/OP AGG $ 2,000,000 07NER: WA Stop Gap $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO 52UECIV4082 02/21/2015 02/21/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ( X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE - _AUTOS (Per accident) $. $ X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS UAB CLAIMS-MADE 52SBAVW7185 02/21/2015 02/21/2016 AGGREGATE $ 2,000,000 DED RETENTION$ $ WORKERS COMPENSATION I PER 0TH- ANDEMPLOYERS'LIABILITY YINI STATUTE ER ANY PROPRIETOR/PARTNERJEXECUTIVE E.LEACHACCIDENT $ OFHCER/MEMBER EXCLUDED? n N IA (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ If yyes,describe under .. •ESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If mom space Is required) Argonne Road Bridge over I-90—Widening Study Project City of Spokane Valley Is an additional insured on the General and Automobile Liability with respect to the work performed for the City under written contract pursuant to the attached endorsements SS 00 08 04 05&HA 9916.0312.This Insurance coverage shall be primary insurance with respect to City.Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Consultant's Insurance and shall not contribute with it where required by written contract pursuant to the attached endorsements SS 00 08 04 05&HA 9916 0312. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707 E.Sprague Avenue,Suite 106 ACCORDANCE WITH THE POLICY PROVISIONS. Spokane,WA 99206 AUTHORIZED REPRESENTATIVE I gaidildel " • ®1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD il BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words"you"and"your"refer to the Named Insured shown in the Declarations. The words "we","us"and"our refer to the stock insurance company member of The Hartford providing this insurance. The word"insured"means any person or organization qualifying as such under Section C.-Who Is An Insured. ,-r Other words and phrases that appear in quotation marks have special meaning. Refer to Section G.-Liability And La Medical Expenses Definitions. 0 TA rf A. COVERAGES (a) The "bodily Injury" or "property rf 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY, PROPERTY DAMAGE PERSONAL "occurrence"that takes place in the M AND ADVERTISING INJURY) r "coverage territory"; N insuring Agreement (b) The "bodily injury" or "property N damage" occurs during the policy n a. We will pay those sums that the insured period;and becomes legally obligated to pay as (c) Prior to the policy period, no insured in damages because of "bodily injury", listed under Paragraph 1. of Section C "property damage" or "personal and C. — Who Is An insured and no = advertising injury" to which this insurance "employee"authorized by you to give applies. We will have the right and duty toor receive notice of an "o currence" ••• e:s defend the insured against any "suit" or claim,knew that the"bodilyinjury" i MIMI seeking those damages. However, we Will or"property damage" had occurred, =a have no duty to_defend the insured against 001/ in whole or in part. if such a listed t= any 'suit' seeking damages for "bodily insured or authorized "employee" e injury". "property damage" or"personal and knew, prior to the policy period,that advertising injury" to which this insurance the "bodily injury' or "properly aims does not apply. damage° occurred, then any BM 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 IRE (1) The amount we will pay for damages Is period will be deemed to have been 65/0 avow limited as described in Section D. - known prior to the policy period. immx r Liability And Medical Expenses Limits (2) To "personal and advertising injury" MO Of insurance;and caused by an offense arising out of your illeal (2) Our right and duty to defend ends when business, but only if the offense was NIS we have used up the applicable limit of committed in the "coverage territory" men Insurance in the payment of judgments, during the policy period. sere 11111111 settlements or medical expenses to which c. "Bodily injury"or"property damage'will be alma rfil= this insurance applies. deemed to have been known to have !!! No other obligation or liability to pay sums or occurred at the earliest time when any IIIM perform acts or services Is covered unless Insured listed under Paragraph 1.of Section explicitly provided for under Coverage C.--Who is An Insured or any°employee" 0.05 Eadension-Supplementary Payments. authorized by you to give or receive notice ME of an"occurrence"or claim: b. This insurance applies: (1) To "bodily injury" and "property (1) Reports all, or any pad, of the "bodily damage"only if: injury" or "property damage" to us or any other insurer, Form SS 00 08 04 05 Page 1 of 24 0 2005,The Hartford BUSINESS LIABILI'T'Y COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the"bodily fault. These payments will not exceed the Injury'or"property damage";or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "body injury" or"property damage" has (1) First aid administered at the time of an occurred ed or has begun to occur. accident; d. Damages because of"bodily injury" include (2) Necessary medical, surgical,x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices;and death resulting et 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" medical technician or paramedic shall suit we investigate or settle, or any "suit" be deemed to be caused by an against an insured we defend: "occurrence",but only if: (1) AQ expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services;and any vehicle to which Business Liability (b) You are not engaged in the Coverage for"bodily Injury"applies. We business or occupation of providing do not have to furnish these bonds. such seNices. (3) The cost of appeal bonds or bonds to 2 For the release attachments, but only for bond (2) purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or omissions In the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one"occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES "suit', including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the"suit". accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the Insured an that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent;or applicable limit of Insurance,we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that (1) The accident takes place in the (7) All Interest on the full amount of any "coverage territory" and' during the judgment that accrues after entry of the policy period; judgment and before we have paid, offered to pay. or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident;and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of Insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 • BUSINESS UABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions am met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party,to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses Incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the Insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — that is an"Insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily N assumed by the insured; injury"and"property damage"and will in not reduce the Limits of Insurance. in (3) The obligation to defend,or the cost of t-ithe defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees o the same"insured contract"; and necessary litigation expenses as ,-1 (4) The allegations in the "suit" and the Supplementary Payments ends when: r. information we know about the (1) We have used up the applicable limit 02 t "occurrence" are such that no conflict of insurance in the payment of at judgments or settlements;or N appears to exist between the interests in of the insured and the interest of the (2) The conditions set forth above, or the o indemnitee; terms of the agreement described in ,Q (5) The indemnitee and the insured ask Paragraph(6)above,are no longer met. 1 o us to conduct and control the defense B. EXCLUSIONS MTN of that Indemnitee against such "suit"and agree that we can assign the 1. Applicable To Business Uablllty Coverage ESE same counsel to defend the insured This insurance does not apply to: NEin zian and the indemnitee;and a. Expected Or Intended injury MUM asrm (6) The indemnitee: � (1) "Bodily injure" or "property damage" ® (a) Agrees in writing to: expected or Intended from the ,In standpoint of the insured. This (i) Cooperate with us in the exclusion does not apply to "bodily MR investigation, settlement or WW2defense of the"suit"; injury" or"property damage" resulting from the use of reasonable force to not (ii) Immediately send us copies of protect persons or any demands, notices, Property;or summonses or legal papers (2) "Personal and advertising.injury"arising ENE received in connection with out of an offense committed by, at the sommi direction of or with the consent or IMRE ism the"snit"; acquiescence of the insured with the :m (iii)Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". M indemnitee,and b. Contractual Liability Baa (iv)Cooperate with us with nem respect to coordinating other (1) "Bodily injury'or"property damage";or memapplicable insurance available (2) "Personal and advertising injury' me to the indemnitee;and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of Oilmin authorization to: liability in a contract or agreement. B (1) Obtain records and other This exclusion does not apply to liability I information related to the for damages because of: '� "suit";and (a) "Bodily injury","property damage"or (ii) Conduct and control the "personal and advertising injury"that defense of the indemnitee in the insured would have in the such"suit". absence of the contract or agreement;or Form SS 00 as 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily Injury"or"property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business,or. that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property age" occurs consequence of(1)above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or In any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury"or"property damage" This exclusion does not apply to liability provided: assumed by the insured under an"insured (i) Liability to such party for, or for contract". the cost of,that party's defense f. Pollution has also been assumed in the same"insured contract",and (1) "Bodily injury", "property damage" or (II) Such attorneys' fees and "personal and advertising injury" litigation expenses are for arising out of the actual, alleged or defensethreatened discharge, dispersal, of that party against a seepage,migration,release or escape civil or alternative dispute of"pollutants": resolution proceeding in which damages to which this (a) At or from any premises, site or insurance applies are alleged, location which is or was at any c. Liquor Liability time owned or occupied by, or rented or loaned to any Insured. "Bodily injury" or "property damage" for However,this subparagraph does which any insured may be held liable by not apply to: reason of (1) "Bodily Injury"if sustained within (1) Causing or contributing to the a building and caused by Intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heal, under the influence of alcohol;or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to relating to the sale,gift, distribution or heat water for personal use, use of alcoholic beverages. the Iwtldlrrg's occupants or their guests; This exclusion applies only if you are in the (d) "Bodily injury" or "property business of manufacturing, distributing, damage"for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages. contracd. Workers' Compensation And Similar lessee os prand emises, or Laws Any obligation of the insured under a location has been added to your workers' compensation, disability benefits poky sac toaodyour insured with respect your ongoing or unemployment compensation law or operations performed for that any similar law. additional Insured at that a. Employer's Liability premises, site or boon and "Bodily injury"to: such premises, site or location (1) An "employee" of the Insured arising is not and never was owned or out of and in the course of: occupied by, or rented or loaned to, any insured, other (a) Employment by the insured;or than that additional insured;or Page 4 of 24 Form SS 00 011 04 05 BUSINESS LIABILITY COVERAGE FORM (iii)"Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a res in treated,disposed of, or processed contractor or subcontractor;or as waste by or for: (iii)"Bodily injury" or "property (I) Any insured;or damage" arising out of heat, '"' (ii) Any person or organization for smoke or re" fumes from a c - whom you may be legally hostile fire ,or m responsible; (e) At or from any premises, site or • d (d) At or from any premises, site or location on which any insured or any subcontractors 1 N location'on which any insured or contractorsworking or i any contractors or subcontractors di cte anyg i insured's behalf are ming c working directly or indirectly on t any insured's behalf are operations if the operations are to In test for, monitor, clean up, remove, Ca performing operations if the contain,treat,detoxify or neutralize, "pollutants" are brought on or to Or in any way respond to,or assess � the premises, site or location In the effects of,"pollutants". mil connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising out WM EIRE subcontractor. However, this of any: �g subparagraph does not apply to: (a) Request,demand,order or statutory (I) "Bodily injury" or "property„perty or regulatory requirement that any mosdamage" arising out of the insured or others test for, monitor, VIM =COescape of fuels, lubricants or clean up, remove, contain, treat, M55 other o operating fluids which are detoxify or neutralize,or in any way lam. imi needed to perform the normal respond to,or assess the effects of, Mai electrical, hydraulic or "pollutants";or = mechanical functions (b) Claim or suit by or on behalf of a a= • necessary for the operation of governmental authority for sow "mobile equipment'or Its parts, damages because of testing for, ISM if such fuels,lubricants or other monitoring,cleaning up,removing, MIMI operating fluids escape from a containing, treating, detoxifying or COM vehicle part designed to hold, neutralizing, or in any way MEI store or receive them. This responding to, or assessing the Eire exception does not apply if the effects of,"pollutants". Min "bodily injury" or "property However, this paragraph does not mo damage" arises out of the apply to liability for damages because MEE ow— intentional discharge,dispersal of"property damage"that the insured 111111 or release of the fuels, would have in the absence of such owllubricants or other operatingan= request,demand, order or statutory or Mill fluids, or if such fuels, regulatory requirement, or such claim MN 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 SS000S0405 Page Sof24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft (2) The use of"mobile equipment" in, or 'Bally injury"or"property damage" arising while in practice or preparation for, a . out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft. "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes i. War operation and"loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision, hiring, (1) War,Including undeclared or civil war, employment,training or monftoring of others by that insured, if the "occurrence" which (2) Warlike action by a military force, includingaction in hindering or caused the "bodily injury" or "property nng damage" involved the ownership, defending against an actual or maintenance,use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraftsovere n or other aQ that isauthority using owned or operated by or rented or loaned to military personnel or other agents;or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by (1) A watercraft while ashore on premises governmental authority in hindering or defending against any of these. you own or rent; j, Professional Services (2) A watercraft you do not own that is: (a) Less than 51 feet long;and Bodily injury", "property damage" or "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways not limited to: next to, premises you own or rent. (1) Legal, accounting or advertising provided the "auto"is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) 'Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed In Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment";or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired,chartered or loaned with a paid crew. However, this treatment,advice or instruction; exception does not apply if the insured (6) Any service, treatment, advice or has any other insurance for such"bodily instruction for the purpose of or "property damage", whether• appearance or skin enhancement,hair injury" • the other insurance is primary, excess, removal or replacement or personal contingent or on any other basis. grooming; h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting,demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of"mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured;or Page 6 of 24 Form SS 00 Oa 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises,rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To (a) Body piercing (not including ear Premises Rented To You as described in Section D.-Limits Of Insurance. piercing); Paragraph (2) 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 u4, under the skin;and rental by you. in (c) Similar services; Paragraphs(3)and(4)of this exclusion do ei (10)Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this c (11)Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. co rn site design. Paragraphs(3)and(4)of this exclusion do N Paragraphs(4)and(5)of this exclusion do not apply to "property damage" to N not apply to the Incidental Medical borrowequipment while not used en ed ........ being C3 Malpractice coverage afforded under to perform operations at a job site. o Paragraph 1..e.in Section A.-Coverages. en Paragraph (6) of this exclusion does not 41 a k. Damage To Property apply to"property damage"Included in the "Property damage"to: "products-completed operations hazard". inIN on (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property damage" to "your product" ass incurred by you, or any other person, arising out of It or any part of it. eine szim organization or entity, for repair, elile replacement, enhancement, m. Damage To Your Work restoration or maintenance of such "Property damage" to "your work"arising ism ens property for any reason, including out of It or any part of it and included in the no= prevention of injury to a person or "products-completed operations hazard". damage to another's property; This exclusion does not apply If the m1°` (2) Premises you sell, give away or damaged work or the wort out of which 5= the damage arises was performed on your ramabandon.if the"property damage"arises behalf bya subcontractr. out of any part of those premises; .'I;; (3) Property loaned to you; n. Damage To Impaired Property Or = Property Not Physically injured o (4) Personal property in the care,custody or control of the Insured; "Property damage" to Impaired property" MI"-- ME (5) That particular part of real property on or property that has not been physically injured,arising out of: !R which you or any contractors or sowsubcontractors working directly or A defect, deficiency, Inadequacy or sow indirectly on your behalf are peritaiming dangerous condition in "your product" ffirr operations, if the "property damage" or"your work";or Ent ® arises out of those operations;or (2) A delay or failure by you or anyone EMI (6) That particular part of any property acting on your behalf to perform a °w" that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed on It. This exclusion does not apply to the loss i 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 yof24 BUSINESS UABIUTY 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 toss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, Inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others;or (1) "Your product"; (2) "Your work";or (c) An Internet search, access, content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition to it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (I) Arising out of oral,written or electronic itself. is not considered the business publication of material, If done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising Out of oral,written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured publication took place before the exercises control; beginning of the policy period; (10)Arising out of the unauthorized use of (3) another's name or product in your a-mail Arising out of a criminal act committed address, domain name or metatags, or by or at the direction of the insured; (4) Arising out of any breach of contract, any outer similar tactics to mislead another's potential customers; except an implied contract to use (11)Arising out of the violation of a another's "advertising Idea" in your "advertisement"; person's right of privacy created by any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not • products or services to conform with any statement of quality or apply to liability for damages that the performance made In your insured would have in the absence of "advertisement"; such state or federal act; (6) Arising out of the wrong description of (12)Arming out of: the price of goods,products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mart or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content Includes However, this exclusion does not irtfomtation, code, sounds, text, apply to infringement, in your graphics or images;or "advertisement",of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (1) Your web site;or a trademark, trade name, service (if) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity;or content on your web eke; Page 8 of 24 Form SS 00 08 04 05 BUSINESS UABIUTY COVERAGE FORM (13)Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities;or persons or property which would not have occurred in whole or in (15)Arising out of discrimination or part but for the"asbestos hazard"; humiliation committed by or at the direction of any "executive officer", (b) Arise out of any request,demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q. Electronic Data others test for, monitor, clean up, remove, encapsulate, contain, ,v; Damages arising out of the loss of,loss of treat, detoxify or neutralize or in in o 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 a r. Employment-Related Practices damages because of testing for, "Bodily injury"or"personal and advertising monitoring, cleaning up, removing, � o injury"to: encapsulating, containing, treating, N (1) A person arising out of any: detoxifying or neutralizing or in any way responding to or assessing the L; , (a) Refusal to employ that person; effects of an"asbestos hazard". c (b) Termination of that person's t. Violation Of Statutes That Govern E- o employment;or Mails, Fax, Phone Calls Or Other # (c) Frroloyment-related practices, Methods Of Sending Material Or M policies, acts or omissions,such as Information Elia coercion, demotion, evaluation, "Bodily injury". "property damage", or sum reassitomgnment, discipline, "personal and advertising injury" arising NMI defamation,harassment,humiliation directly or indirectly out of any action or um Iris 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 .MU sister of that person as a Act(TCPA),including any amendment ME consequence of "bodily injury" or of or addition to such law; auswri "personal and advertising injury"to the (2) The CAN-SPAM Act of 2003,including Orson at whom any of the ® persany amendment of or addition to such employment-related practices described in Paragraphs(a),(b),or(c) law;or mam om above is directed. (3) My statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act Min of 2003, that prohibits or limits the MOM (1) Whether the insured may be liable as sending,transmitting, communicating or an employer or in any other capacity; Mg an of material or information. elm and Damage To Premises Rented To You — a (2) To any obligation to share damages Exception For Damage By Fire, Lightning mg with or repay someone else who must or Explosion pay damages because of the injury. �3 Exclusions c.through h.and k.through o.do s. Asbestos not apply to damage by fire, lightning or lose (1) "Bodily Injury", "property damage" or explosion to premises rented to you. or ® "personal and advertising injury" temporarily occupied by you with permission of MN arising out of the"asbestos hazard". the owner, A separate Limit of Insurance -- (2) Any damages, judgments, settlements, applies to this coverage as described in loss,costs or expenses that Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust,you are an insured. Your trustees We will not pay expenses for"bodily injury": are also insureds,but only with respect to . a. Any insured their duties as trustees. To any insured,except"volunteer workers". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any Insured or a tenant of any insured performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your"employees", other than either your"executive officers"(if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee"of any insured, If benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers"are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members(if you are a partnership exercises or games, sports or athletic or joint venture),to your members contests. (If you are a limited liability f. Products-Completed Operations Hazard company), or to a co-"employee" Included with thewhile in the course of his or her "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Uabiity Coverage. "volunteer workers" while C. WHO IS AN INSURED performing duties related to the conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph(1)(a)above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members,your partners,and to share damages with or repay their spouses are also insureds,but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an described In Paragraphs (1)(a) or insured. Your members are also insureds, (b)above,or but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint verdure or limited liability company,you services, Paragraph (d)does not apply are an Insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also Insureds,but only (2) 'Property damage"to property: with respect to their liability as stockholders. (a) Owned.occupied or used by, Page 10 of 24 Form SS 00 Ott 04 05 BUSINESS LABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "wily injury" or "property damage" purpose by you, any of your that occurred;or "employees", "volunteer workers", any partner or member Of you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person(other than your"employee"or Wth respect to"mobile equipment'registered in "volunteer worker"), or any organization your name under any motor vehicle registration i while acting as your real estate manager. law,any person is an insured while driving such , i c. Temporary Custodians Of Your egrspment along a public highway with your Property permission. Any other person or organization .-1responsible 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 arisingout of the operationeq m die,but only: ofthe u' rneM,and C only if no other insurance of any kind is available ea (1) Wth respect to liability arising out of the to that person or organization for this liability. Nmaintenance or use of that property;and However,no person or organization is an insured to (2) Until your legal representative has with respect to: N o been appointed, a. "Bodily Injury" to a co-"employee" of the o d. Legal Representative If You Die person driving the equipment or Your legal representative if you die, but b. "Property damage"to property owned by, MI only with respect to duties as such. That rented to, in the charge of or occupied by sise representative will have all your rights and you or the employer of any person who is , mome= duties under this insurance.MMil an Insured under this provision. usie e. Unnamed Subsidiary 6. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used Oof which you own a financial interest of to terry persons for a charge,any person is an Law more than 50% of the voting stock on the insured while operating such watercraft with Meieffective date of this Coverage Part. your permission. Any other person or 112171 i The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with ® respect to liability arising out of the operation Wee as a named insured does not apply to mom injury or damage with respect to which an of the watercraft, and only if no other .rem insurance of any kind is available to that insured under this insurance is also an M person or organization for this liability. 1111=1 insured under another policy or would be an insured under such policy but for its However, no person or organization is an ® termination or upon the exhaustion of its insured with respect to: r= limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newiy Acquired Or Formed Organization person operating the watercraft;or me Any organization you newly acquire or form. b. "Property damage" to property owned by, L other than a partnership, joint venture or rented to, In the charge of or occupied by rria limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50%of an insured under this provision. imrso the voting stock, will qualify as a Named 6. Additional Insureds When Required By M Insured if there Is no other similar insurance Written Contract, Written Agreement Or available to that organization. However Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through 1. 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 UABIUTY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or. subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make In the usual subsequent to the execution of the contract or course of business, in connection agreement,arthe Issuance of the permit, with the distribution or sale of the A person or organization is an additional Products; insured under this provision only for that (1) Demonstration, installation, period of time required by the contract, servicing or repair operations, • agreement or permit. except such operations performed However,no such person or organization is an at the vendor's premises in connection with the sale of the additional Insured under this provision if such person ororganization is included as an product; additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you,have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container,part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.-Optional Additional insured Coverages. the vendor;or a. Vendors (h) "Bodily injury" or "property Any person(s)or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its own acts or omissions or those of "bodily injury" or"property damage" arising out of"your products"which are distributed its employees or anyone else acting on its behalf. However,this or sold In the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (I) The exceptions contained in "property damage" included within the Subparagraphs(d)or(f);or "products-completed operations hazard". (ii) Such inspersions, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make In the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by reason of the assumption of insured person or organization from whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering Into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) My person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for"bodily (c) Any Physical or chemical change injury", "property damage" or in the product made Intentionally by the vendor; "personal and advertising injury" 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 0405 BUSINESS LIABILITY COVERAGE FORM (2) Wth respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions Insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operatiions 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 (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) Wth 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. " t-, or personal and advertising in c (2) Wth respect to the insurance afforded injury" arising out of operations .-, to these additional insureds, this performed for the state or insurance does not apply to: municipality;or (a) Any "occurrence" which takes (b) "Bodily injury"or"property damage" pisco after you cease to lease that included within the "praduds- m land or be a tenant inthat completed operations hazard". oxo premises;or f. Any Other Party N (b) Structural alterations, new ; c� (1) Any other person or organization who in construction or demolition Cl is not an insured under Paragraphs a. 0 operations performed by or on through e. above, but only with o , behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and ME d. Architects,Engineers Or Surveyors advertising injury"caused,In whole or (1) Any architect,engineer,or surveyor,but in part, by your acts or omissions or c only with respect to liability for "bodily the acts or omissions of those acting MIME injury", "properly damage° or"personal on your behalf: MIME g and advertising injury"caused,In whole (a) in the performance of your or In part, by your acts or omissions or ongoing operations; MIMI the acts or omissions of those acting on (b) In connection with your premises your1111112 emi behalf: owned by or rented to you;or (a) In connection with your premises; mom or (c) In connection with"your work„and amain included within the "products- Ma (b) In the performance of your completed operations hazard",but ongoing operations performed by only if Ila you or on your behalf. (i) The written contract or written =. (2) Wth respect to the insurance afforded agreement requires you to INNIN to these additional insureds, the provide such coverage to sans M following additional exclusion applies: such additional insured;and _ This Insurance does not apply to (II) This Coverage Part provides MOM "bodily Injury", "property damage” or coverage for"bodily injury"or men ems "personal and advertising Injury" "property damage" included MEM = arising out of the rendering of or the within the "products- failure to render any professional NM operations hazard". sib services by or for you,including: (2) With respect to the insurance afforded IIIIIMM (a) The preparing, approving, or to these additional insureds, this age failure to prepare or approve, insurance does not apply to: maps, shop drawings. opinions, "Bodily injury", "property damage" or SEM 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 archdectural 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 j drawings and specifications;or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or Lb above, whichever activities. applies,the most we will pay for the sum of all The limits of Insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of insurance, arising out of any one "occurrence" Is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.-.Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit I No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b..above,the most we will pay for company that is not shown as a Named insured in the sum of all damages because of all the Declarations. "personal and advertising injury"sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the 1. The Most We Will Pay Declarations. 5. Damage To Premises Rented To You Limit The Limits of Insurance shown In the The Dama a To Premises Rented To You Declarations and the rules below roc the most g we will pay regardless of the number of Limit is the most we will pay under Business a. Insureds Liability Coverage for damages because of ' "property damage"to any one premises,while b. Claims made or"suits"brought;or rented to you,or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing"suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for. In the case of damage by fire, lightning or a. Damages because of "bodily injury" and explosion,the Damage to Premises Rented To 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 S. FIS Limits Apply RIdY To Additional Insureds b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional Insured and adverts' " under this Coverage Part is the lesser of. ing injury , including medical expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision;or owned by or rented to you. b. The Limits of insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. reamed. Page 14 of 24 Form SS 00 08 04 05 BUSINESS UABILITY COVERAGE FORM If more than one limit of Insurance under this (1) Immediately send us copies of any • policy and any endorsements attached thereto demands, notices, summonses or - applies to any claim or"suit",the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages applicable to such claim or "suit". However, this (2) Authorize us to obtain records and other Information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3.above. settlement of the claim or defense The Units 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 co person or organization that may be u, Declarations, unless the policy period is extended in liable to the insured because of injury a atter issuance for an additional period of less than 12 or damage to which this Insurance months. In that case, the additional period will be es may also apply.deemed part of the last preceding P forPum d. Obligations At The Insured's Own Cost 0 of determining the Units of insurance. .-i No insured will,except at that insured's own E LIABILITY AND MEDICAL EXPENSES CO cost, voluntarily make a payment, assume o GENERAL CONDITIONS any obligation, or incur any expense, other c 1. Bankruptcy than for first akl,without our consent. n Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance a the insured's estate will not relieve us of our if we cover a claim or "suit" under this 0. in 0 obligations under this Coverage Part. Coverage Part that may also be covered * 2. Duties In The Event Of Occurrence, by other insurance available to an M Offense,Claim Or Suit additional insured,such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the COM other insurer fo'r defense and indemnity. emu You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a = practicable of an the or an ..... written contract, written agreement or offense which may result in a claim. To sum the extent possible,notice should include; permit that this insurance is primary and >mom (1) How,when and where the"occurrence" insured's non-contributory insurance. the additional or offense took place; f. Knowledge Of An Occurrence,Offense, MIMI (2) The names and addresses of any Claim Or Suit injured persons and witnesses;and Paragraphs a. and b. apply to you or to OM (3) The nature and location of any injury any additional insured only when such modor damage arising out of the "occurrence", offense, claim or "suit" is "occurrence"or offense. known to: Mil b. Notice Of Clanrr (1) You or any additional insured that is IZZ CIES If a claim is made or "suit" is brought an Individual; assagainst any Insured, you or any additional (2) Any partner, if you or an additional mom insured must: insured is a partnership; arms COW (1) Immediately record the specifics of the (3) Any manager, if you or an additional MCI claim or "suit" and the date received; and insured Is a limited liability company; iimes (2) Notify us as soon as practicable. (4) Any "executive officer" or insurance manager, if you or an additional You or any additional insured must see to insured is a corporation; amio it that we receive a written notice of the JIMEM (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 Insured (6) Any elected or appointed official,if you or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 05 04 05 Page 95 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f, applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "propertydamage"liabilitywill 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 T. Other Insurance insurance required by that law. b. With respect to "mobile equipment" to If other valid and collectible insurance is which this insurance applies; we will available for a loss we cover under this provide any liability, uninsured motorists, Coverage Part, our obligations are listed as follows' underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To Join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured;or other Insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of this Insurance or that are in excess of the That is fire, lightning or explosion applicable int of Insurance. An agreed insurance for premises rented to you settlement means a settlement and release of or temporarily occupied by you with lability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of insureds That is insurance purchased by you to Except with respect to the limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned "property damage"to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies: with permission of the owner; a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured;and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircrati,"euros"or watercraft to a claim is made or"suit"is brought. the extent not subjectto Exclusion g.of 6. Representations Section A.—Coverages. a. (5) Property Damage To Borrowed When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy,you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exciusion k.of Section A.— representations you made to us;and Coverages. Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other • Additional Insured To Other insurance, we wilt pay only our share of insurance the amount of the loss, if-any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations,or products and completed absence of this insurance;and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance;or insurance. (7) When You Add Others As An VtI'e will share the remaining toss,if any,with Additional Insured To This any other insurance that is not described In in an insurance this Excess Insurance provision and was not r�-r That Is other insurance available to an bought spedfrcally to apply in excess of the additional insured. Limits of Insurance shown In the a However, the following provisions Declarations of this Coverage Part. c apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits rn additional Insured under this Coverage contribution by equal shares,we will follow or N Part: this method also. Under this approach, ,ten (a) Primary insurance When each insurer contributes equal amounts c Required By Contract until It has paid its applicable limit of c This insurance is primary if you insurance or none of the loss remains, ig have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit MI am this insurance be primary. If other contribution by equal shares, we will MIME insurance Is also primary, we will contribute by limits. Under this method,each MENU share with all that other insurance insurer's share is based on the ratio of its MEN by the method described in c. applicable limit of Insurance to the total — below. applicable limits of insurance of all insurers. Ma Mali (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against EMI To Other insurance When Others To Us MIME mimRequired By Contract a. Transfer Of Rights Of Recovery MOWN ME If you have agreed in a written If the insured has rights to recover ail or contract, written agreement or part of any payment, including IRE permit that this insurance is Supplementary Payments, we have made PM primary and non-contributory with under this Coverage Part, those rights are aima the additional insured's own tow transferred to us. The insured must do insurance, this insurance is nothing atter loss to impair them. At our a= 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 Sla enforce them. This condition does not xasses Paragraphs(a)and(b)do not apply to apply to Medical Expenses Coverage. ® other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an 1 Of Subrogation) IIIM additional insured. met this Insurance is excess, we will If the insured has waived any rights of have no under this Coverage Part to recovery against any person orimEmi ' g 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 an 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 F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured-Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Grantor Of Franchise,but only with respect to Optional Additional insured Coverages apply, Paragraph6.(Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An insured, does not apply Equipment to the Person or organization shown in the a. WHO IS AN INSURED under Section C.is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as provided below shown in the Declarations as an Additional insured — Lessor of Leased Equipment, 1. Additional Insured -Designated Person Or but only with respect to liability for"bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury"caused,in whole or amended to include as an additional insured in part by your maintenance, operation or the persons) or organizations) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence"which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured • Owners Or Other operations;or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C.is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) a. WHO IS AN INSURED under Section C. is shown in the Declarations as an Additional Insured—Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the persons)or organization(s)shown in the with respect to liability arising out of the Declarations as an Addltional 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 reaped to liability arising out of the Declarations. ownership,maintenance or use of that part of b, With respect to the insurance afforded to the premises leased to you and shown in the Declarations. these additional insureds, the following b. With respect to the insurance afforded to additional exclusions apply: these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any "occurrence" that takes place after • This insurance does not apply to: you cease to lease that land;or (1) My "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant In that construction or demolition operations premises;or performed by or on behalf of such (2) Structural alterations, new person or organization. construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision—Permits person or organization. a. WHO IS AN INSURED under Section C.Is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivisions (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, (1) "Bodily injury". "property damage" or except such operations performed at the vendor's premises in "personal and advertising Injury" connection with the sale of the a arising out of operations performed for product; u the state or municipality;or (2) "Bodily Injury" or "property damage" (g) Products which, after distribution included in the "product-completed or sate by you, have been labeled operations"hazard. Q or relabeled or used as a ,-r container,part or ingredient of any r7. Additional Insured—Vendors other thing or substance by or for ,mry a. WHO IS AN INSURED under Section C.is the vendor,or co 01 amended to Include as an additional (h) "Bodily injury" or "property �, insured the person(s) or organization(s) damage" arising out of the sole o (referred to below as vendor)shown in the negligence of the vendor for its c Declarations as an Additional insured - own acts or omissions or those of in Vendor, but only with respect to "bodily its employees or anyone else it injury"or"property damage"arising out of acting on Its behalf. However,this IN "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's MB MOW business and only if this Coverage Part (i) The exceptions contained in aim provides coverage for "bodily injury" or Subparagraphs(d)or(f);or "property damage" included within the (€i) Such inspections, "products-completed operations hazard". adjustments,tests or servicing mum b. The insurance afforded to the vendor is as the vendor has agreed to make or normally undertakes rm subject to the following additional exclusions: to make in the usual course of mr (1) This Insurance does nota apply to: business, in connection with tram rrig (a) "Bodily injury" or "property the distribution or sale of the M damage" for which the vendor is products. ME obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured rliil person or organization from :=0 liability in a contract or agreement whom you have acquired such aras This exclusion does not apply to products, or any Ingredient. part or SUM liability for damages that the container, entering into, Mat vendor would have in the absence accompanying or containing such MI of the contract or agreement; products. MO (b) Any express warranty 8. Additional Insured—Controlling Interest non unauthorized by you; MEE WHO IS AN INSURED under Section C. is m (c) Any physical or chemical change amended to include as an additional insured c in the product made intentionally the person(s) or organization(s) shown in the m. by the vendor; Declarations as an Additional Insured — Il (d) Repackaging. unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of:ein demonstration, testing. or the a. Their financial control of you;or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container, Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. - Limits Of operations performed by or for that person or Insurance. organization, How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional Insured is described in Contractors — Scheduled Person Or the Other insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C.is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured—Owner, Lessees Or Contractors, 1. "Advertisement"means the widespread public but only with respect to liability for"bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury"caused,in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (d) Magazine; operations for the additional insured(s);or (5) Newspaper, (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of Inducing the completed operations hazard", but sale of goods,products or services;or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage"included within the However."advertisement"does not include: "products-completed feted operations a. The design,*printed material, information b. With respect to the insurance afforded to or images contained in, on or upon the these additional insureds, this insurance packaging or labeling of any goods or products;or does nota apply to"bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising Injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services,including: 3. "Asbestos hazard" means ,an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders,change orders,designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications;or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities, equipment. But `auto" does not include 10.Additional Insured— Co-Owner Of Insured "mobile equipment". Premises 5. "Bodily injury"means physical: WHO IS AN INSURED under Section C. is a. injury; amended to include as an additional insured b. Sickness;or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Ca- Owner Of insured Premises, but only with sustained by a person and,if arising out of the respect to their liability as co-owner of the above,mental anguish or death at anytime. premises shown in the Declarations. 6. "Coverage territory"means; Page 20 Of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America(including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace,but only if a. The repair, replacement, adjustment or the injury or dama9e occurs in the course removal of"your product° or"your work'; of travel or transportation between any or places included in a,above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the Injury or agreement. damage arises out of 12. "Insured contract"means: (1) Goods or products made or sold by you a q contract for a lease of premises. in the territory described in a.above; However,that portion of the contract for a (2) The activities of a person whose home lease of premises is in the territory described in a. Premises that indemnifies any ,,.i person or organization for damage by fire, above, but Is away for a short time on lightning or explosion to premises white your business;or rented toyou or temporarily occupied .-+ p.... 'Y p by cs (3) "Personal and advertising injury" you with 1-4 permission of the owner is offenses that take place through the subject to the Damage To Premises cor. Internet or similar electronic means of Rented To You limit described in Section ci Of communication D.—Liability and Medical Expenses Limits N provided the insured's responsibility to pay of Insurance. N damages is determined in the United States of b. A sidetrack agreement; c America (including its territories and Ln CI possessions), Puerto Rico or Canada, in a c• Any easement or license agreement, 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. ==1 feet of a railroad; failRia LOSS7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except In moo ® a. Stored as or on; connection with work for a municipality; b. Created or used on;or a. An elevator maintenance agreement;or Imili c. Transmitted to or from f. That part of any other contract or " ' computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a lima CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for"bodily injury"or"property MON 8. "Employee" includes a "leased worker.Imo damage"to a third person or organization, Mali "Employee" does not include a "temporary Provided the "bodily injury" or "property -, damage"is caused, in whole or in part, by assa 9. "Executive officer means a person holdingyou or by those acting on your behalf. 1111111 Tort liability means a liability that would be mem any of the officer positions created by your imposed IBM pa by law in the absence of any MOO charter, constitution, by-laws or any other contract or agreement. „, similar governing document. maims Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a ramm uncontrollable or breaks out from where it was railroad for "bodily injury" or "property nintended to be. damage" arising out of construction or 11. "Impaired palred property*pertY" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle,tracks,road-beds,tunnel, a. It incorporates"your product"or"your work" underpass or crossing. that Is known or thought to be defective, However, Paragraph f. does not include deficient,inadequate or dangerous;or that part of any contract or agreement Form SS 00 08 04 OS Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That Indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills;or damage arising out of (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications;or permanently attached equipment of the (b) Giving directions or instructions, following types: or falling 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 damage arising out of the insured's pickers or and similar devices rendering or failure to render used to raise or lower workers; professional services, including those f. Vehicles not described in a., b., c., or d. listed in (1) above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities. cargo. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not"mobile equipment" but firm,to perform duties related to the conduct of will be considered"autos" your business. "!.eased worker" does not (1) Equipment, of at least 1,000 pounds include a"temporary worker". gross vehicle weight, designed 14. "Loading or unloading"means the handling of primarily for. property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing;or aircraft,watercraft or"auto"; (c) Street cleaning; b. While It is in or on an aircraft,watercraft or (2) Cherry pickers and similar devices "auto";or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or"auto"to the place where it is workers;and finally delivered; (3) Air compressors, pumps and but "loading or unloading"does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto". well servicing equipment. 15. "Mobile equipment"means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury"means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses: b. Vehicles maintained for use solely on or a. False arrest,detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; d. Vehicles,whether self-propelled or not,on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service,maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own ' d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product"for consumption on premises you organization's goods,products or services; own orrent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or N material that violates a person's right of "property damage"arising out of: LCIprivacy; v (1) The transportation of property, unless .-1f. 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 1-iid "or style of"advertisement" r, ea ; or operated by you, and that condition c g. Infringement of copyright,slogan,or title of was created by the "loading or o any literary or artistic work, in your unloading" of that vehicle by any m "advertisement";or Insured;or tq °t h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled Ninjury to the feelings or reputation of a equipment or abandoned or unused c natural person. materials. O 18. "Pollutants" means any solid,liquid, gaseous or 20. "Property damage"means: * thermal irnlant 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 IMINIE reconditioned or reclaimed. deemed to occur at the time of the Ming MEM 19. "Products-completed operations hazard"; physical Injury that caused it;oril re in a. Includes all °bodily injury" and "property b. Loss of use of tangible property that is not i damage" occurring away from premises physically injured. All such loss of use ..m you own or rent and arising out of "your shall be deemed to occur at the time of EMI product"or"your work"except: "occurrence"that caused It. ms (1) Products that are still in your physical As used In this definition, "electronic data" is possession;or not tangible property. itsii (2) Work that has not yet been completed 21. "Stilt" means a civil proceeding in which ■-�— or abandoned. However, "your work" damages because of"bodily injury". "property EMI accoi will be deemed to be completed at the damage" or "personal and advertising injury" ,e.E1 earliest of the following times: to which this Insurance applies are alleged. Imo (a) When all of the work called for in "Suit"Includes: your contract has been completed. a. An arbitration proceeding in which such _ (b) When all of the work to be done at damages are claimed and to which the man the job site has been completed if insured must submit or does submit with reme your contract calls for work at our consent;or wow man more,than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding In which such damages are M3 a job site has been put to its claimed and to which the insured submits intended use by any person or with our consent. act organization other than another 22. "Temporary worker means a person who is Mill contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions. 23. 'Volunteer worker"means a person who: a. Is not your"employee"; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. • scope of duties determined by you;and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 26. "Your work": 24. "Your product": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products,other than real or on your behalf;and property,manufactured,sold,handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired;and of"your work";and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or Instructions. furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product";and Page 24 of 24 Form SS 00 08 04 O$ A COMMERCIAL AUTOMOBILE 4 HA 9916 0312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: I BUSINESS AUTO COVERAGE FORM U ,'ii To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other o provisions of the Coverage Form,the provisions of this endorsement apply. 0 1. BROAD FORM INSURED d. Any "employee" of yours while using a a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or a o Formed Organizations borrow in your business or your d' The Named Insured shown in the personal affairs. N Declarations is amended to include: C. Lessors as Insureds N (1) Any legal business entity other than a Paragraph A.1.-VVHO IS AN INSURED-of o partnership or joint venture,formed as a Section II-Liability Coverage is amended to c subsidiary in which you have an add: * ownership interest of more than 50%on e. The lessor of a covered "auto"while the = the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement it mrginclude any subsidiary that is an (1) The agreement requires you to "insured" under any other automobile provide direct primary insurance for B EEN policy or would be an "insured" underEmma the lessor and such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) The"auto"is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a Bo▪ om formed by you and over which you covered "auto" you own and not a covered l . maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1.-WHO IS AN INSURED M▪ EM (a) That is a partnership or jointEEMM - of Section II - Liability Coverage is E MNO venture, amended to add: (b) That is an "insured"under any otherm▪ aa f. When you have agreed, in a written IM policy, contract or written agreement,that a m (c) That has exhausted its Limit of person or organization be added as MEE Insurance under any other policy,or an additional insured on your MIME (d) 180 days or more after its business auto policy,such person or ming acquisition or formation by you, organization is an"insured",but only MIME unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury"or"property damage"caused injury" or"property damage"that results mamaSEEM by the conduct of an"insured"under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered auto. Paragraph A.1.-WHO IS AN INSURED-of SECTION II - LIABILITY COVERAGE is amended to add: 02011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 1 of 6 a The insurance afforded to any such E. Primary and Non-Contributory if • additional insured applies only if the Required by Contract ` "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period,and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract,and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement,or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not seek contribution from that other the Declarations, insurance. Such amount shall be a part of and not Paragraphs(3)and(4)do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this h a has been added as an additional insured. Section. When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any,that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance;and own insurance. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAiM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. 0 2011,The Hartford(includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 2 of 5 a • If an "employee's" personal insurance also S. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE aI hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual to Coverage is excess over any other collectible cashvalue of the "auto"at the time of the"loss" insurance. and the"outstanding balance"of the loan/lease. 6-1 Q 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of"loss" less oany amounts representing taxes; overdue ,..i Coverage and if Comprehensive, Specified apayments; penalties, interest or charges N Causes of Loss, or Collision coverages are 00provided under this Coverage Form for any resulting from overdue payments; additional .2 "auto" you own, then the Physical Damage mileage charges;excess wear and tear charges; Coverages provided are extended to"autos"you lease termination fees; security deposits not hire or borrow,subject to the following limit. returned by the lessor; costs for extended N warranties,credit life Insurance,health, accident C3 The most we will pay for loss" to any hired or disability insurance purchased with the loan or in "auto"is: lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE li stolen property at the time of the"loss";or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE smas damaged or stolen property, COVERAGE,the following is added: — whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an — applicable to any owned "auto" for that airbag. lia coverage.No deductible applies to loss"caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE = coverage is excess over any other collectible insurance. Subject to the above limit,deductible a. The exceptions to Paragraphs B.4 - and excess provisions,we will provide coverage EXCLUSIONS• of SECTION III- PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the s covered"auto"you own. following: We will also cover loss of use of the hired"auto" Exclusions 4.c. and 4.d. do not apply to = if it results from an "accident", you are legally equipment designed to be operated solely byof the power from the "auto's" liable and the lessor incurs an actual financial use = loss, subject to a maximum of $1000 per electrical system that, at the time of loss", — "accident". is: ima This extension of coverage does not apply to (1) Permanently installed In or upon = any "auto" you hire or borrow from any of your the covered"auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members(if you are a limited liability company), which is permanently installed in = or members of their households. or upon the covered"auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs(1)and(2)above;or 1 ©2011,The Hartford(Includes copyrighted material 1 Form HA 9916 0312 of ISO Properties,Inc.,with its permission.) Page 3 of 9 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered"auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same"accident",the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible,It will be waived; Paragraph C2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph 'C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for"loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT,CLAIM,SUIT OR LOSS equipment(other than equipment designed The requirement in LOSS CONDITIONS 2.a. - solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT,CLAIM, accessories used with such equipment) SUIT OR LOSS- of SECTION IV- BUSINESS that reproduces, receives 'or transmits AUTO CONDITIONS that you must notify us of audio, visual or data signals which, at the an"accident"applies onlywhen the"accident"is tim e of"loss",is: p� (1)Permanently installed in or upon known to: the covered "auto" in a housing, (1) You,if you are an individual; opening or other location that is not (2) A partner,if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company;or such equipment; (4) An executive officer or insurance manager,if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an integral part of that equipment;or HAZARDS If you unintentionally fail to disclose any hazards (3)An integral part of such equipment. existing at the inception date of your policy, we c.For each covered "auto",should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Dedarations, or $250. whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A.-COVERAGE-of SECTION territory with respect to Liability Coverage is Ill - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's"responsibility to pay damages for "auto"to you. "bodily injury" or "property damage" is determined in a"suit,"the"suit"is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV- Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ®2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with Its permission.) Page 4 of 5 a • We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss"is$10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid"auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more ri 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal o Paragraph 2. of the COMMON POLICY Combustion engine and one or more electric CONDITIONS - CANCELLATION - applies motors to move the auto, or the internal t s follows:— combustion engine to charge one or more eelectric motors,which move the auto. If we cancel for any reason other than nonpayment of premium, we will mail or deliver 19. VEHICLE WRAP COVERAGE CO to the first Named Insured written notice of In the event of a total loss to an "auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or cv date of cancellation. Collision coverages are provided under this Coverage Form, then such Physical Damage 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverages are amended to add the fallowing: VEHICLE PAYMENT COVERAGE In addition to the actual cash value of the"auto", In the event of a total loss to a "non-hybrid"auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered"auto`'at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Form, then such Physical Damage Coverages are amended as follows: autos deemed a total loss,the most we will pay under this Vehicle Wrap Coverage provision for a.lf the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this 3512 an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10% to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the "non-hybrid"auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," sommin MEM ®2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 5 of 5 SARGENT ENGINEER INC https://secure.lni.wa.gov/verify/Details/liabilityCertificate.aspx?UB... STATE of WASHINGTON Department of Labor& Industries Certificate of Workers' Compensation Coverage March 9, 201 5 WA UBI No. 600 560 818 L&I Account ID 202,111-00 Legal Business Name SARGENT ENGINEER INC Doing Business As SARGENT ENGINEERS INC Workers'Comp Premium Status: Account is current. Estimated Workers Reported Quarter 4 of Year 2014"11 to 20 (See Description Below) Workers" Account Representative T2/DAN STRATE (360)902-4635- Email: STRE235@Ini.wa.gov Licensed Contractor? No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). 1 of 1 3/9/2015 5:05 PM