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12-143.00 Landtek: Evergreen ReconstructionCONTRACT AMENDMENT FOR THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND LANDTEK LLC Contract #12 -007 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the Consultant mutually agree as follows: 1. Purpose: This Amendment is for the Contract providing surveying services on the Evergreen Road Reconstruction Project (CIP 0160) by and between the Parties, executed by the Parties on February 13, 2012, and which terminates when work is complete as determined by the City. Total compensation under the Original Contract is not to exceed $8,250.00. Said contract shall be referred to as the "Original Contract" and its terms are hereby incorporated by reference. 2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Contract, dated February 13, 2012, and any amendments thereto, which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are either: ® as follows, or ❑ attached hereto as Appendix "A ". All such amendment provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. Check Contractor subgrade and top of crushed surfacing stakes for accuracy on a time and materials basis up to and additional $1,115 cost. 1 0,0 1 �-- H1 4. Compensation Amendment History This is Amendment #1 of the Original Contract and the history of amendments to the Consultant's compensation is as follows: Date Compensation Original Contract Amount February 13, 2012 $ 7,500.00 Release of Management Reserve Fund Sept 26, 2012 $ 750.00 Amendment #1 Sept 26, 2012 $ 1,115.00 Total Amended Compensation $ 9,365.00 The parties have executed this Amendment to the Original Contract this day of September 2012. CITY OF SPOKANE VALLEY: City Manager, OA CONSULTANT: (191-1114� OJ45b- By: Bruce Larsen Its: Landtek, LLC Manager APPROVED AS TO FORM: Office 4 the City - Attorney APPENDIX "A" 1. Paragraph 3 (Compensation) of the Original Contract is hereby amended to increase the total compensation paid by $1,115.00. Paragraph 3 of the Original Contract is amended to read as follows: "3. The City agrees to pay up to $9,365.00 as full compensation for everything furnished and done under this contract, in accordance with the provisions outlined in the scope of work, as previously and / or presently amended. 2. The Scope of Surveying Services of the Original Contract, is hereby amended to include the following tasks and /or services additions: a. Consultant will provide additional construction grade checks on a time and materials basis as requested by the City. 3 STATION OFFSET OFFSET DIST HUB ELEV GRADE FILL /CUT 37 +00.00 LEFT 6 2,078.51 2,078.50 CUT 0.00 37 +35.40 LEFT 6 2,077.74 2,077.73 CUT 0.01 38 +50.00 LEFT 6 2,074.84 2,074.91 FILL 0.07 39 +00.00 LEFT 6 2,073.55 2,073.66 FILL 0.10 40 +00.00 LEFT 6 2,070.96 2,070.96 CUT 0.01 41 +00.00 LEFT 6 2,067.65 2,067.65 CUT 0.00 41 +00.00 RIGHT 12 2,067.23 2,067.28 FILL 0.05 42 +00.00 LEFT 6 2,063.58 2,063.58 CUT 0.00 43 +00.00 LEFT 6 2,061.03 2,061.04 FILL 0.00 43 +00.00 RIGHT 12 2,060.66 2,060.67 FILL 0.02 44 +00.00 RIGHT 12 2,058.33 2,058.44 FILL 0.11 44 +00.00 LEFT 6 2,058.78 2,058.80 FILL 0.02 45 +00.00 LEFT 6 2,056.10 2,056.04 CUT 0.06 45 +00.00 RIGHT 12 2,055.79 2,055.68 CUT 0.11 46 +00.00 RIGHT 12 2,053.34 2,053.25 CUT 0.09 45 +00.00 LEFT 6 2,056.19 2,056.04 CUT 0.15 45 +00.00 LEFT 6 2,056.10 2,056.04 CUT 0.06 45 +00.00 RIGHT 12 2,055.71 2,055.68 CUT 0.03 46 +00.00 RIGHT 12 2,053.26 2,053.25 CUT 0.01 46 +00.00 LEFT 6 2,053.65 2,053.61 CUT 0.04 47 +00.00 LEFT 6 2,051.86 2,051.83 CUT 0.03 48 +00.00 LEFT 6 2,050.19 2,050.14 CUT 0.05 48 +00.00 RIGHT 12 2,049.87 2,049.77 CUT 0.09 49 +00.00 RIGHT 12 2,047.06 2,047.10 FILL 0.04 49 +00.00 LEFT 6 2,047.52 2,047.47 CUT 0.05 50 +00.00 RIGHT 12 2,042.16 2,042.17 FILL 0.02 50 +50.00 RIGHT 12 2,039.09 2,039.09 FILL 0.00 50 +50.00 LEFT 6 2,039.53 2,039.45 CUT 0.08 51 +00.00 LEFT 6 2,036.70 2,036.66 CUT 0.04 51 +00.00 RIGHT 12 2,036.37 2,036.30 CUT 0.07 52 +00.00 LEFT 6 2,031.65 2,031.60 CUT 0.05 53 +00.00 LEFT 6 2,027.96 2,027.94 CUT 0.02 53 +00.00 RIGHT 12 2,027.59 2,027.58 CUT 0.01 54 +00.00 RIGHT 12 2,025.46 2,025.51 FILL 0.05 54 +00.00 LEFT 6 2,025.87 2,025.87 FILL 0.00 LANDTEK I-L-c PROFESSIONAL LAND SURVEYORS 619 N. MADEUA STREET ID SPOKANE. WASHINGTON 99202 PHONE 509.926.2821. FAX 509.926.2736 EVERGREEN ROAD SUBGRADE CHECKS AUGUST 22, 2012 STATIONING ON SECTION LINE 6' LEFT = CROWN STATION I OFFSET OFFSET DIST HUB ELEV GRADE FILUCUT 55 +50.00 LEFT 6 2,025.35 2,025.35 FILL 0.00 55 +50.00 RIGHT 12 2,024.99 2,024.99 CUT 0.00 56 +50.00 RIGHT 12 2,025.72 2,025.72 FILL 0.00 56 +50.00 LEFT 6 2,026.07 2,026.09 FILL 0.02 57 +50.00 LEFT 6 2,026.41 2,026.44 FILL 0.04 57 +50.00 RIGHT 12 2,026.09 2,026.08 CUT 0.01 58 +50.00 RIGHT 12 2,026.05 2,026.07 FILL 0.01 58 +50.00 LEFT 6 2,026.45 2,026.43 CUT 0.02 0-ddill- 1-,ANIE)""FEK L_L..0 PROFESSIONAL LAND SURVEYORS 619 N. MADEUA STREET SPOKANE, WASHINGTON 99202 PHONE 509.926.2821 FAX 509.926.2736 EVERGREEN ROAD SUBGRADE & TOP ROCK CHECKS AUGUST 23, 2012 STATIONING ON SECTION LINE 6' LEFT = CROWN SUBGRADE STATION OFFSET OFFSET DIST HUB ELEV GRADE FILUCUT 59 +94.50 LEFT 6 2,021.60 2,021.64 FILL 0.05 60 +85.00 RIGHT 12 2,017.62 2,017.68 FILL 0.06 60 +85.00 LEFT 6 2,018.00 2,018.05 FILL 0.04 61 +64.00 LEFT 6 2,016.40 2,016.42 FILL 0.02 62 +13.00 LEFT 6 2,016.11 2,016.13 FILL 0.02 TOP ROCK 49 +00.00 LEFT 6 2,048.09 2,048.14 FILL 0.04 49 +00.00 RIGHT 12 2,047.72 2,047.77 FILL 0.05 48 +00.00 RIGHT 12 2,050.40 2,050.44 FILL 0.04 48 +00.00 LEFT 6 2,050.76 2,050.81 FILL 0.04 47 +00.00 LEFT 6 2,052.45 2,052.50 FILL 0.05 47 +00.00 RIGHT 12 2,052.09 2,052.13 FILL 0.04 46 +00.00 RIGHT 12 2,053.87 2,053.92 FILL 0.05 46 +00.00 LEFT 16 2,054.24 2,054.28 FILL 0.04 45 +00.00 LEFT 6 2,056.66 2,056.71 FILL 0.05 45 +00.00 RIGHT 12 2,056.31 2,056.35 FILL 0.04 44 +00.00 RIGHT 12 2,059.02 2,059.11 FILL 0.08 44 +00.00 LEFT 6 2,059.41 2,059.47 FILL 0.06 43 +00.00 LEFT 6 2,061.64 2,061.71 FILL 0.07 43 +00.00 RIGHT 12 2,061.29 2,061.34 FILL 0.06 42 +00.00 RIGHT 12 2,064.19 2,064.25 FILL 0.06 42 +00.00 LEFT 6 2,064.52 2,064.61 FILL 0.09 41 +00.00 LEFT 6 2,068.27 2,068.32 FILL 0.05 41 +00.00 RIGHT 12 2,067.88 2,067.95 FILL 0.07 40 +00.00 RIGHT 12 2,071.20 2,071.26 FILL 0.07 40 +00.00 LEFT 6 2,071.57 2,071.63 FILL 0.06 39 +00.00 LEFT 6 2,074.28 2,074.33 FILL 0.04 39 +00.00 RIGHT 12 2,073.92 2,073.96 FILL 0.05 LANDTEK LLC PROFESSIONAL LAND SURVEYORS 619 N. MADEUA STREET SPOKANE. WASHINGTON 99202 PHONE 509.926.2621 FAX 509.926.2736 EVERGREEN ROAD TOP ROCK CHECKS AUGUST 24, 2012 STATIONING ON SECTION LINE 6' LEFT = CROWN TOP ROCK STATION OFFSET OFFSET DIST HUB ELEV GRADE FILUCUT 50 +00.00 RIGHT 12.00 2042.84 2042.84 FILL 0.00 50 +00.00 LEFT 6.00 2043.20 2043.21 FILL 0.01 51 +00.00 LEFT 6.00 2037.32 2037.33 FILL 0.01 51 +00.00 RIGHT 12.00 2036.97 2036.97 FILL 0.00 52 +00.00 RIGHT 12.00 2031.88 2031.90 FILL 0.02 52 +00.00 LEFT 6.00 2032.26 2032.27 FILL 0.00 53 +00.00 LEFT 6.00 2028.60 2028.61 FILL 0.01 53 +00.00 RIGHT 12.00 2028.24 2028.25 FILL 0.00 54 +00.00 RIGHT 12.00 2026.18 2026.18 FILL 0.00 54 +00.00 LEFT 6.00 2026.53 2026.54 FILL 0.02 55 +00.00 LEFT 6.00 2025.94 2025.98 FILL 0.04 55 +00.00 RIGHT 12.00 2025.60 2025.61 FILL 0.02 56 +00.00 RIGHT 12.00 2025.96 2025.97 FILL 0.01 56 +00.00 LEFT 6.00 2026.31 2026.33 FILL 0.02 57 +00.00 LEFT 6.00 2027.01 2027.03 FILL 0.03 57 +00.00 RIGHT 12.00 2026.66 2026.67 FILL 0.02 58 +00.00 RIGHT 12.00 2026.76 2026.78 FILL 0.01 58 +00.00 LEFT 6.00 2027.11 2027.14 FILL 0.03 58 +50.00 LEFT 6.00 2027.09 2027.10 FILL 0.01 58 +50.00 RIGHT 12.00 2026.72 2026.74 FILL 0.02 CITY OF SPOKANE VALLEY PUBLIC WORKS INFORMATIONAL COVER SHEET FOR DOCUMENTS REQUIRING CITY MANAGER SIGNATURE Date: di-?h-Z- Budget Account No: 303.303.160.595.10.41.06 AGREEMENT TOPIC: LANDTEK LLC. Agreement for Professional Services — Evergreen Road Reconstruction Project, CIP 0160, Public Works Contract No. 12 -007 BACKGROUND: The attached Agreement for Professional Services with Landtek LLC is for Surveying Services on the Evergreen Road Reconstruction Project. Vera Water and Power is constructing a new watermain from 19th to 32nd Avenue on Evergreen and will pay for the hot mix asphalt patchback in accordance with the Pavement Cut Policy. The project construction Is 5.2% funded by an EECBG grant. The estimated Vera contribution is 29.84 % of the construction cost. The remaining cost is funded by the City of Spokane Valley. There are sufficient funds In the project budget to cover these costs. The project will be designed in the winter of 2012, bid during spring of 2012 and constructed in summer of 2012. Revenues Expenditures Vera Water & Power $ 275,201 Design (Incl Consultants) $ 52,814 EECBG Grant $ 48,000 ROW (Incl Consultants) $ 24,000 Street Fund 101 $ 500,000 Construction (Incl CN Engr) 922,137 (" treet CIP Fundy3�3LJ $ 111,000 ✓PW Gen. Fund (Staff time) $ 64.750 Total Funds Available $ 998,951 Tota Est. Expenditures $ 998,951 s s�Director 10 , Project Manager ///ub��lic e- Date 1 Date G Approved: �- It)') Z— _Approved: Legal in nce Contract Language ❑ Selecyou, cess Approval El Letter of Credit El Fundl rca Approvay, ❑ Performance & Payment Bond Approval Certificates Approval DISTRIBUTION: Original to Vendor Original to City Clerk Copy to Submitting Department Copy to Finance Department Date approved 1 3 —z : ATTACHMENTS: 2 copies, Agreement for Professional Services with 1130/12 Surveying Services Scope and Insurance Certifications AGREEMENT FOR PROFESSIONAL SERVICES SVPW Contract 12 -006 Evergreen Rd Reconstruction Project Survey Services THIS AGREEMENT is made by and between the City ofSpokane Valley, a code City ofthe State of Washington, hereinafter "City" and LANDTEK, LLC, hereinafter "Contracting Entity," jointly referred to as "parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: 1. Work to Be Performed: The Contracting Entity shall provide all labor, services and material to satisfactorily complete the attached Landtek Jan 30, 2012 Evergreen Rd Reconstruction Project Scope of Services. A. Administration. The City Manager or designee shall administer and be the primary contact for Contracting Entity. Prior to commencement of work, Contracting Entity shall contact the City Manager or designee to review the Scope of Services, schedule and date of completion. Upon notice from the City Manager or designee, Contracting Entity 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. The City has relied upon the qualifications of the Contracting Entity in entering into this Agreement. By execution of this Agreement, ContractingEntity 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 the City. Contracting Entity 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. Contracting Entity shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contracting Entity shall correct such deficiencies without additional compensation except tothe extent such action is directly attributable to deficiencies in City furnished information. C. Standard of Care. Contracting Entity shall exercise the degree of skill and diligence normally employed by architects, professional engineers or consultants performing the same or similar services at the time such services are performed. D. Modifications. The City may modify this Agreement and order changes in the work whenever necessary or advisable. The Contracting Entity will accept modifications when ordered in writing by the CityManager or designee. Compensation for such modifications or changes shall be as mutually agreed between the parties. The Contracting Entity shall make such revisions in the work as are necessary to correct errors or omissions appearing therein. when required to do so by the City without additional compensation. Agreement forProfessionat Services Pago 1 of 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 the City. Contracting Entity shall complete its work within the time frames described in the Scope of Surveying Services, unless the time for performance is extended in writing by the parties. 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. The City may, in addition, terminate this Agreement for any reason by ten days' written notice to the Contracting Entity. In the event of termination without breach, the City shall pay the Contracting Entity for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. The City agrees to pay the Consultant $8,250.00 as full compensation for everything done under this agreement. The City agrees to pay the Consultant on a time and material basis, not to exceed $7,500.00 for Professional Surveying Services as described In the attached Scope of Surveying Services. A 10% Management Reserve Fund (bW) in the amount of$750.00 is also hereby established foratotal contract amount of $8, 250.00 as full compensation for everything done under this agreement. The Consultantshall not start work requiring payment from the MRF without prior written approval from the City. 4. a ment. The Contracting Entity shall be paid monthly upon presentation of an invoice to the City. Applications for payment shall be sent to the City Clerk at the below stated address. The City reserves the right to withhold payment under this Agreement which is determined in the reasonable judgmentofthe City Manager or designee to benoncompliant with the Scope of Services, City standards, City Code, and federal or state standards, 5, o ce. Notice shall be given in writing as follows: TO THE CITY: Name: Christine Bainbridge, City Clerk Phone Number: (509) 921 -1000 Address: 11707 East Sprague Ave, Suite 106 Spokane Valley, WA 99206 TO THE CONTRACTING ENTITY: Name: Bruce Larsen, PLS Phone Number: 509 926 -2821 Address: 619 Madella St, Spokane, WA 99202 -2926 6. A Dlicable Laws and Standards. The parties, in the performance ofthis Agreement, agree to comply with all applicable federal, state, and local laws and regulations, Contracting Entity warrants that its designs, construction documents, and services shall confirm to all federal, state and local statutes and regulations.. 7. Relationshin of the Parties, it is understood, agreed and declared that the Contracting Entity shall be an independent contractor, and not the agent or employee of the Clay, that the 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 the Contracting Entity. Any and all employees who provide services to the City under this Agreement shall be deemed employees solely of the Contracting Entity. The Contracting Entity shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 8.Ownersbin of Documents. All drawings, plans, specifications, and other related documents prepared by the Contracting Entity under this Agreement are and shall be the property ofthe. City, and may be subject to Agreement for Professional Services Page 2 of 6 disclosure pursuant to RCW 42.56 or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Contracting Entity under this Agreement shall, unless otherwise provided, be deemed the property of the City. The City shall be permitted to retain these documents, including reproducible camera -ready originals ofreports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. The City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, anyreports, data, drawings, images or other material prepared under this Agreement, provided that the Contractor shallhave no liability for the use ofthe Contractor's work product outside ofthe scope of its intended purpose. 9, 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 the Contracting Entity's records with respect to all matters covered in this Agreement. Such representatives sball 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 ofthree years from the date fmal payment is made hereunder. 10. Insurance. The Contracting Entity shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contracting Entity, its agents, representatives, or employees. A. Minimum Scope of Insurance. Contracting Entity 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. The City shall be named as an insured under the Contracting Entity'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 the Contracting Entity's profession. B. Minimum Amounts of Insurance. Contracting Entity shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily Injury-and property damage of $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional liability insurance shall be written with Iimits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Agreement for Professional Services Page of G 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. The ContractingEntity's insurance coverage shall be primary insurance withrespectto the City Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contracting Entity's insurance and shall not contribute with it. 2. Contracting Entity shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days ofreceipt by Contracting Entity. R Acceptability ofInsurers. Insurance is to be placed with insurers with a current A.M. Bestratingof not less than ANIL E. Evidence of Coverage. As evidence ofthe insurance coverages required by this Agreement, the CorttractIng Entity shall furnish acceptable insurance certificates to the City at the time the Contracting Entity 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 the City. The Contracting Entity shall be financially responsible for all pertinent deductibles, self - insured retentions, and/or self-insurance. 11. Indemnification and Hold Harmless. The Contracting Entity shall defend, indemnify and hold the City, Its officers, officials, employees and volunteers harmless from any and all claims, injuries,. damages, losses or suits including attorney fees, arising out of or in connection with the performance ofthis Agreement, subject only to the limitations provided below: Contracting Entity's duty to indemnify shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or-resulting from the sole negligence ofthe Contracting Entity, or its agents or employees. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contracting Entity, its agents or employees, and the City, its officers, officials, employees, or volunteers, the Contracting Entity's duty to indemnify hereunder shall be only to the extent ofthe ContractingEntity's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contracting Entity`s waiver of immunity under industrial Insurance Title 51 RCW, solely for the purposes of this indemnification. Contracting Entity's obligation to defend, indemnify and hold the City harmless shall include, but not be limited to, the City's attorney and expert fees, court costs, and all other claim - related expenses. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the Agreement. 12. 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 ofany other subsequent breach ornouperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and hi addition to every other remedy Agreement for Professional Services Page 4 of 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 awaiver ofsuch provisions nor shall it affect the validity ofthis Agreement or any part thereof. 13. Asslenment and Delegation. Neither party shall assign, transfer or delegate any or all of the responsibilities ofthis Agreement or the benefits received hereunderwithout first obtaining the written consent of the other party. 14. Subcontracts. Except as otherwise provided herein, the Contracting Entity shall not enter into subcontracts for any ofthe work contemplated underthis Agreement without obtaining prior written approvat of the City, 15. Confidentiati#v. Contracting Entity may, from time to time, receive information which is deemed by the City to be confidential, Contracting Entity shall notdisclose such information withoutthe prior express written consent of the City or upon order of a Court of competent jurisdiction. 16. Jurlsdietlon and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between the City and Contracting Entity shall be resolved in the Superior Court of the State of Washington in Spokane County, Notwithstanding the foregoing, Contracting Entity agrees that it may, at the City's request, be j oined as a party in any arbitration proceeding between the City and any third party that includes aclaim or claims that arise out of, or that are related to Contracting Entity's services under this Agreement. Contracting Entity further agrees thatthe Arbitrator(s) decision therein shall be final and binding on Contracting Entity and that judgment may be entered upon it in any court having jurisdiction thereof. 17, 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 ofsuch litigation (including expert witness fees). 18. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement maynot be changed, modified or altered except in writing signed by the parties hereto. 19. Anti- Idekback. No officer or employee of the 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. 20. Business Registration, Prior to commencernentofwork under this Agreement, Contracting Entity shall register with the City as a business. 21. Severabilifv. Many section, sentence, clause or phrase ofthis Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shalt not affectthe validity ofany other section, sentence, clause or phrase of this Agreement. 22. Mbibits, Exhibits attached and incorporated into this Agreement are: 1. Landtek Jan 30 Scope of Services 2. insurance Certificates Agreement for Professional Services Page 5 of 6 The parties have executed this Agreement thedy of 20 CITY OF {a VALLEY Mike Jackson, Imager ATTEST- pristine Bainbridge, City Clerk Contrae t g ty: QTC;e) UC By. OK/457 e. Z46641 Its: Authorized Renre.5entgtivA Tax ID No.` REDACTED-- - APPROVED AS TO FORM: Office I the City tto ey This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. 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. Agreement fbr Professlonai Services Page 6 of 6 LANDTEK LC PROFESSIONAL LANQ SUPYEYORS $19 N. MADEUA 'STREET SPOKANE, wASHINOTON 99202 PH6HE 509.926.2821 FAX $09.928.2736 January 30, 2012 Craig Aldworth, P.E Project Engineer City of Spokane Valley 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 RE: Request for Scope of Surveying Services Evergreen Rd Reconstruction Project City of Spokane Valley Capital Improvement Project No. 0088 Dear Mr. Aldworth: In response to your request for Scope of Surveying Services, I am pleased to offer the following: Project Background The City of Spokane Valley is improving Evergreen Road between 16th Avenue and 32 6 Avenue. The project will include the Evergreen Road Transmission Main project designed by Varela & Associates (V &A) and funded by Vera Water and Power Company. (VERA) The City is using the topographic survey prepared by LandTek for the Vera Water Main project as the topo base map for the road construction project. In using this prior survey data, the City accepts and understands that the survey specifications for the prior work were formulated for desist of a water transmission main and may not meet further specifications provided herein for design of street improvements. This contract is for additional topographic surveying; property corner research; creation of descriptions and exhibits for two partial takes for Evergreen Road frontage; boundary surveying and setting monumentation of two lots after completion of the right of way purchase and construction. The scope of services consists of providing surveying field crew, equipment and office calculations for the following tasks: Task 1 Task 1 will be to research, locate and decorate all property corners for Parcels 45263.0101 (2409 S Evergreen Rd) and Parcel 45263.0828 (2615 S Evergreen Rd). Set temporary stakes marking the proposed right of way take so the Property Owners can easily visualize the extent of the proposed purchase. The City will furnish Title Reports of both parcels. Task 1 work shall begin within 7 working days after the City executes a Contract Agreement and will complete work within 20 working days. Task 2 Task 2 will be to provide additional topographic mapping on Evergreen between 16"' and 19th Avenues and along the frontage of lots at 2409 S. Evergreen Rd and 2615 S Evergreen Rd as shown on the attached project Limit Exhibits. LandTek shall perform surveying to add the additional topographic information to the previous topographic survey prepared for V &A. The V &A survey shall be adjusted to the Washington State Plane coordinate system (2 point minimum) and a vertical datum based on NAVD 88. The Consultant shall set at least 5 secure project bench marks within the project limits (16th Ave. to 32nd Ave.) at approximately 1,000 foot intervals. LandTek shall obtain additional topographic survey data within the limits of the attached exhibits showing existing features such as: sidewalks, driveways, edge of asphalt, edge of gravel, fences, mailboxes, landscaping, trees and shrubs. LandTek shall locate centerline, flow line at outside edge of concrete gutter (next to the asphalt and away from the curb), top back of curb and back of walk at a maximum of 25 -30 foot intervals. Within all cross street intersections TIN shots shall be provided roughly every 25 -30 feet. Where the existing roadway is over 50 feet wide provide quarter -crown TIN shots also. Existing and proposed property and right -of -way lines shall be shown on the completed topo map. The survey shall include all visible utilities (gas, power, water, san. sewer, storm sewer, TV, etc) and iron within the intersection and within 10 feet of back of walk. Storm sewer invert elevations shall be measured and noted. LandTek is responsible for calling in and coordinating utility locates prior to conducting the survey. LandTek shall also be responsible for providing all traffic control. We foresee an approach that will comply with WSDOT Short Duration Work Zone requirements; accessing one lane at a time with a protective vehicle and spotter. A Traffic Control Plan shall be submitted for review and approval by the City of Spokane Valley Traffic Engineer 5 working days prior to starting work. A Right of Way Construction Permit is not required from the City of Spokane Valley. Deliverables shall include data collector files, ASCII point file, copies of all field notes, relevant project data and drawing files such as TINs, DTMs, alignments, and breaklines, and an electronic drawing in AutoCAD, version 2005 or later, with layering and line types as per the original V &A drawing. Deliverables shall also include 24" x 36" bond copies at a 30 scale, signed and dated by a Professional Land Surveyor licensed in Washington. Task 2 work shall begin within 7 working days after the City executes a Contract Agreement and will complete work within 20 working days. Task 3 Task 3 will be to create legal descriptions and exhibits for two partial right of way takes involving Parcels 45263.0101 and 45263.0828. The legal description and exhibit format will be on 8 -1/2" x I1" sheets meeting Spokane County recording requirements and be subject to approval by the City. The legal descriptions and exhibits will be reviewed by the City's Real Estate Services Consultant for accuracy. The City will provide initial title work to consultant for each parcel to be modified with partial takes. LandTek shall also prepare legal descriptions for the remainder parcels after the right of way takes. The City shall be responsible for coordinating with the property owners regarding any applications or procedures necessary segregation of parcels and /or partial release of mortgages. Each description and exhibit shall be submitted for City review within 20 working days after the City issues a notice to proceed for that parcel. Task 4 Task 4 will be to monument the new right of way corners for Parcels 45263.0101 and 45263.0828 after the property has been acquired. Monumentation shall conform to current Washington State requirements. A Record of Survey will be prepared and recorded per RCW 58.09. Permits for monument removal or destruction will be performed by others prior to construction and are not part of this Scope of Services. Deliverables shall include three certified bond naner conies of the Record of Survey. Task 4 work shall begin within 7 working days after the City issues a notice to proceed to monument property corners and will complete work within 30 working days. Opinion of Probable Cost I have prepared a cost breakdown showing our expected hours and associated fees. That cost breakdown is enclosed herewith. In conjunction with this project, LandTek, LLC will provide professional surveying services based upon the identified Scope of Work and assumptions identified herein. Costs are based on a time and materials, not to exceed, agreement with notification to continue required once the contract amount is reached. Opinion of Probable Cost: Seven Thousand Five Hundred Dollars ($7,500.00) Thank you for the opportunity to present this proposal. If you have any questions or concerns about any of the items presented, please contact me. I would be happy to discuss any portion of our proposal. Sincerely, LAN Tr Bruce R. Larsen, P.L.S. Manager Encl: Survey Limits 2409 S Evergreen Survey Limits 2615 S Evergreen Survey Limits 166' to 196' Breakdown of Expected Costs 0 g 0 �i =0 d O W FE771' 'T 16TH AY i a E , I Mr `-- a pi f # � 17fH. AVE. Nil 57 i° `"1: �� Vim, ,� � � '��s �`��•,; „�'' � �� ' 1r s <.r �'• ' t' .,�.# lam° � � q °i.*� 18TH AVE. :- aoa x O 4 19TH AYE � W4.e �R _ ,�ik 'S:'k1'F 4- #� .Y+'!k`.. 13 , i�£ F�✓9..ti�1 0 CD bo k' s N � to �j P►1 � A N O 'n 'w COST ESTIMATE - LANDTEK LLC P -2152 CITY OF SPOKANE VALLEY EVERGREEN ROAD REBUILD ITEM COST UNITS RATE I Mdi 1. Research surveys & plats $80.00 1 80 2. Precalc theos for 2 parcels & adjoinders $130.00 2 65 3. Boundary control & search $80.00 1 80 (include Initialize & set new topo control) $1,040.00 8 130 4. Data management $32.50 0.5 65 5. Boundary computations $240.00 3 80 6. Flag up & stake temporary property corners and R/W take $390.00 3 130 7. Sketch / report to city $80.00 1 80 4. File, reprographics & fees $1,992.50 1 175 TASK 2 $1,245.00 1. Topographic survey 16th to 19th $1,300.00 10 130 2. Level loop for benches 16th to 32nd $390.00 3 130 3. Topo two RAM take parcels $260.00 2 130 4. Compute TIN and attach to 11 -1605 $195.00 3 65 5. Topo data management, reduce levels, prepare bench list $195.00 3 65 6. Draft 16th to 19th & reformat all to 1 " =30' $520.00 8 65 7. Traffic control plan $130.00 2 65 8. Traffic control - spotter & vehicle $520.00 8 65 9. One -Call fee $25.00 1 25 10. PLS review, certify, project management $320.00 4 80 $3,855.00 TASK 3 1. Exhibits for two R/W takes $130.00 2 65 2. Legals for two R/W takes $160.00 2 80 3. Additional legals for remainder parcels $80.00 1 80 $370.00 TASK 4 1. Stake final property corners 2 R/W takes $520.00 4 130 2. Draft Record of Survey showing 2 parcels $390.00 6 65 3. PLS review /certification $160.00 2 80 4. File, reprographics & fees $175.00 1 175 $1,245.00 PROJECT TOTAL $7,462.50 M Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. 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; C. Are not presently indicted for or othenvise criminally or civilly charged by a governmental entity (federal, state, or local) Nvith commission of any of the offenses enumerated in paragraph (n (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. 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 proposal. Consultant (Firm): Landtek, LLC /p p/ /Z (Data DOT Form 140 -089 EF E)Ibft M-2 Revised 6106 (Signature) President or Authorized official of Consultant EPLS Search Results EP'L-11,N Page 1 of 1 Excluded Parties, List, $I stein.,_ Search Results Excluded By Firm, Entity, or Vessel : Landtek, LLC as of 01- Oct -2012 6:50 PM EDT Your search returned no results. https : / /www.epls.gov /epls /search.do ?full name = Landtek %2C +LLC &status = current &getre... 10/1/2012 Department of Labor and Industries Updated : August 29, 2012 Prevailing Wage Section Contractors Not Allowed to Bid on Public Works Projects Company Name UBI License Principals Status RCW Debar Begin Date Debar End Date Penalty Due Wages Due FTR Pacific, Inc. 602785094 FTRPAP1926CH Rachelle L Maas Fransico J Rivera Debarred Until Penalties Paid 39.12.050 4/22/2010 - Yes No GEMBALA HANDYMAN SERVICE 602752614 GEMBAHS938NM James Gembala Debarred 18.27.200 4/23/2012 4/22/2013 - - GEMBALA HANDYMAN SERVICE 602752614 GEMBAHS938NM James Gembala Debarred 51.48.103 4/23/2012 4/22/2013 - - Glory Developers 601715431 GLORYD1044NA Debarred Until Penalties Paid 39.12.050 9/18/2002 - Yes No Glory Developers 601715431 GLORYD1044NA Debarred Until Penalties Paid 39.12.065 9/18/2002 - Yes No Greenwood Floor 602371856 GREENF *94806 Debarred Until Penalties Paid 39.12.050 9/29/2009 - Yes No GUTHRIE'S CONSTRUCTION CO 601499082 WASHIGCO211-2 Scott Guthrie Debarred 18.27.200 10/22/2011 11/25/2012 - - H & R CONSTRUCTION 602073197 Shane D Hadfield Debarred 51.48.103 10/27/2011 10/26/2012 - - IPS Inc. 6019260461 Debarred Until Penalties Paid 39.12.050 11/29/2000 - Yes No IPS Inc. 601926046 Debarred Until Penalties Paid 39.12.065 11/29/2000 - Yes No IZZYS CONSTRUCTION 602975367 Ismael Gomez Naranjo Jesse Arthur Campos Debarred 51.48.103 9/9/2011 9/8/2012 - - J & D PAINTING & WALLCOVERING 602118739 JDPAIW *999KG Donna Andersen Debarred 18.27.200 11/12/2011 11/11/2012 - - J & D PAINTING & WALLCOVERING 602118739 JDPAIW *999KG Donna Andersen Debarred 51.48.103 11/12/2011 11/11/2012 - - J &P Plumbing 601418659 JPPLU*"055PQ Debarred Until Penalties Paid 39.12.050 12/21/1998 - Yes No Janet Seekins 602704285 Janet Seekins Debarred Until Penalties Paid 39.12.050 4/9/2007 - Yes No Janet Seekins 602704285 Janet Seekins Debarred Until Penalties Paid 39.12.065 4/9/2007 - Yes No JC's Get er Done Concrete Inc 602742721 JCSGEGE932MS Jeromy Lamm Debarred 18.27.200 9/18/2011 9/17/2012 - - JC's Get er Done Concrete Inc 602742721 JCSGEGE932MS Jeromy Lamm Debarred 51.48.103 9/1872011 9/17/2012 - - JP'Z 602627204 JPZPAP19401-9 Debarred Until Penalties Paid 39.12.050 12/1/2008 - Yes No JP'Z 602627204 JPZPAP1940L9 Debarred Until Penalties Paid 39.12.065 12/1/2008 - Yes No Kirk's Doors 602753200 Debarred 18.27.200 10/16/2011 10/15/2012 - - Kirk's Doors 602753200 Kirk D Mundt Debarred 51.48.103 10/16/2011 10/15/2012 - - Kurt Construction Inc. 601294653 KURTCI *098L1 Debarred Until Penalties Paid 39.12 6/1/1998 No No Tasting Impressions Concrete Flooring 601728232 LAST11C044OZ Debarred Until Penalties Paid 39.12.050 12/28/1998 - Yes No Len Golding Himself, Inc. Len Golding Debarred Until Penalties Paid 39.12.050 3/11/2010 - Yes No Logic Systems 601577238 LOGICS *066PF Debarred Until Penalties Paid 39.12 3/8/1999 Yes No • and S Construction 602549421 MSCONSC953PR Seth Barnes Debarred 18.27.200 1/3/2012 1/2/2013 - • and S Construction 602549421 MSCONSC953PR Seth Barnes Debarred 51.48.103 1/3/2012 1/2/2013 - • G Home Repair 601064690 MGHOMR *954RH Michael Gillard Debarred 18.27.200 1/3/2012 1/2/2013 - - • G HOME REPAIR 601064590 MGHOMR *954RH Michael Gillard Lenore Irene L Gillard Lorry Irene Gillard Debarred 51.48.103 1/3/2012 1/2/2013 - - MIKES MAINTENANCE AND WELDING 601443708 Robert Michael Stoddard Debarred Until Penalties Paid 39.12.050 7/5/2011 - Yes No Nidash Inc. 601164502 NIDASI *118C8 Debarred Until Penalties Paid 39.12.050 9/8/2001 - Yes No Nidash Inc. 601164502 NIDASI *118C8 Debarred Until Penalties Paid 39.12.065 10/5/2001 - Yes No Nielsen's Flooring America 602954062 IIELSFA900DQ Cregg Nielsen Karen Nielsen Debarred 18.27.200 12/5/2011 12/4/2012 - - Page 3 of 5 Summary of Original Estimated CN Costs versus Current Bid /Current Estimates 2012 Street Preservation Projects Council Approved Budget = 52,818,883 Phase 1 Original CN Street From To Estimate Bid Price Dishman -Mica 16th to 24th $ 462,06 Dishman -Mica 24th to 32nd $ 463,582 $ 463,271 Dishman -Mica 32nd to Schafer $ 233,152 Vista Mission to Knox $ 93,913 $ 96,332 4th DM to Farr $ 102,685 $ 71,196 Change Order #1 $ - Change Order #2 $ 7,739 Change Order #3 $ 48,996 Change Order #4 $ 5,690 Change Order #5 $ 7,133 Change Order 46 $ 21,858 $ 1,355,398 $ 722,215 Phase 2 Original CN Street From To Estimate Bid Price 32nd University to Bowdish $ 316,500 32nd Pines to SR27 $ 475,345 32nd SR27 to Best $ 190,121 Fancher Sprague to Broadway $ 441,723 $ 417,100 Herald Main to End $ 22,705 Mission Union to Pines $ 86,909 ** University Sprague to Main $ 115,720 ** Argonne Mullan to Montgomery $ 59,746 ** Change Order #1 $ 6,887 $ 1,446,394 $ 686,362 * Projects delayed to future years 2-5 ?1 ** Originally proposed to be completed under Poe Contract `-7�Z + Other Preserv. Projects Original CN Street From To Estimate Bid Price University Road 4th to 16th $ - $ 226,481 Change Order #1 $ 3,240 Evergreen Road 16th to 32nd $ - $ 106,402 Change Order B1 (No Cost to City.- Paid by Vera Water & Power) $ - Change Order B2 $ - Change Order B3' $ - Chanee Order Al $ 4,000 increased - include ITS conduit & (Pines Rd 1* Scope of Sprague From To 24th to 16th reduced. Limits are cu $ - $ 340,123 3tion work on parts of 32nd Ave Original CN Current Estimate Estimate $ 214,868 $ 87,000 ,, t$ 340,000 $ 214,868 $ 427,000 Park to Theirman. Original CN Current Bid/ Estimate Estimate Totals $ 3,016,660 $ 2,175,700 ACORQ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 02/01/2012 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(les) must be endorsed. If SU13ROGATION IS WAIVED, subject to the terns 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 Moloney, O'Neill, Corkery 6 Janes, Inc. 818 W Riverside, #800 Spokane, WA 99201 GONTCT NAME; Valerie Richardson fa Ent:S49.325.3024 Ne;509.325.1803 ADDRESS: vrichardson @moloneyoneill.com INSURER(S) AFFORDING COVERAGE NAIC:3 INSURERA: Hartford Casualty Insurance Co A, XV INSURED Lan tek, LLC 619 N Madelia St Spokane, WA 99202 -2926 INSURER 8, Sentinel Insurance Co A. XV INSURER C: EACHOOCURRENCE INSURER 0: PREMISES Ea ccamence INSURER E ; MED EXP (Any one person) INSURER F; PERSONAL BADV INJURY I%AVCDA2CC CE TIF!CATF Ntl m131:R' 12/13 GL. AU. SG REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANN LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS-SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AUD INSR POLICY NUMBER MMIDD EFF MMlDD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X] OCCUR X SZSBAIJ7813 02/0112012 02/01 /2013 EACHOOCURRENCE $ 1,000,00 PREMISES Ea ccamence S 300, 00 MED EXP (Any one person) $ 10 , 00 PERSONAL BADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000 00 GEN'L AGGREGATE LIMIT APPLIES PER POLICY JEOT F LOG PRODUCTS - COMPIOPAGO $ 2,000,00 $ B AUTOMOBILE LIABILITY ALL ED ASCHEDDULED Ix ANY AUTO HIRED AUTOS %( AUTOSS ED 52UECHY1329 02/01/2012 02/01/2013 ramooddeno $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accideno $ Perecdd_n $ UMBRELLALIAB EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S DED RETENTIONS ED I I RETXi(9O1 S A AND EMP OYERS'LU4B[LFTY YIN ANPICERIMEMSER/EXCLUERIE ECUT'vr (MandatoryinNH) If yes describe under DESCRIPTION OF OPERATIONS Wow NIA 52SBAI3781 WA STOP GA 02/01/2012 0210112013 _ TOR LIMITS X ER E.L. EACH ACCIDENT S 1,000,00 E.LDIS EASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedute, If more space Is required) e: SVPW Contract 12 -006 Evergreen Rd Reconstruction Project Survey Services ertificate holder is additional insured (primary) under General Liability with respect to ongoing Aerations of the named insured and waiver of subrogation applies per form SS0008 L4/053 attached. CERTIFICATE MOLDER VNIIV CLLR r IVP, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE 11707 E Sprague Ave, Ste 106 Sp kane Valley, WA 99206 Mike Molone /LHS @ 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010106) The ACORD name and logo are registered marks of ACORD ACORq CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 02/04/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAFFIRMA71VELY 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 pollcy(les) must be endorsed. It 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 Moloney, O'Neill, Corkery & ]ones, Inc. 818 W Riverside, #800 Spokane, WA 99201 TACT E; Valerie Richardson ,, Ert: 509.325.3024 AIC N,; S09.325.1803 ADDRESS.- vrichardson @moloneyoneill.com INSURERS AFFORDING COVERAGE NAICN INSURER A.' Hartford Casualty Insurance Co A, XV INSURED Lan to , LLC 619 N Madelia St Spokane, WA 99202 -2926 INSURERS: Sentinel Insurance Co A. XV INSURERC: EACH OCCURRENCE INSURER D: PREMISES a occumence INSURER 9: MEO EXP (Anyone person) INSURER F: PERSONAL SAW INJURY nnveoAnee C1= RTIPICATE NUMRER! 12/13 U.L. AU. SG KtVIz,UN NUMBER; .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW 14AVE 13EEN I UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. - IM TYPBOPINSURANCE AuuL INSR yyyp POLICYNUMBER M MIDD 0 LIMITS A GENERALLWBILITY X COMMERCIALGENERAL LIABILITY CLAIMS -MAOE M OCCUR. X 525BAI3781 02/01/2012 02/01/2013 EACH OCCURRENCE $ 11000,00 PREMISES a occumence $ 300,004 MEO EXP (Anyone person) $ 10,000 PERSONAL SAW INJURY $ 11000100 GENERAL AGGREGATE $ 2,000,00( GFRLAGGREGATEUMIT APPLIES PER: POLICY JE O- LOC PRODUCTS- COMPIOPAGG $ 2,000,00( S B AUTOMOBILE LIABILITY ALPOOWNED SCHEDULED AUTOS Ix ANYAUTO NON -OWNED HIREDAUTOS N AUTOS S2UECHY132 02/01/2012 02/01/2013 Esa den $ 1,000,000 BODILY INJURY (Per person) $ BODILYINJURY(Paraccident) S S UMSRELtALULB EXCESS LIAR HOCCUR CLAIMS -MADE EACHOCCURRENCE $ AGGREGATE S DED RETENTIONS S A �&XX0 AND E PLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXE YIN OFFICERIMEMBEREXCLUDED7 CUM" (Mandatory In NH) U it a desalbe under DESCRIPTION OF OPERATIONS below NIA SZSBA137811 WA STOP GA 02/01/2012 02/01/2013 1 TORYLI ITS I X Eft E.L. EACH ACCIDENT $ 1,000,00( E.LDISEASE - EAEMPLOYE $ I,000,OO E.L DISEASE - POLICY LIMIT $ 1,000.00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, it mom apace Is required) e: SVPW Contract 12 -006 Evergreen Rd Reconstruction Project Survey Services ertificate holder is additional insured (primary) under General Liability with respect to operations f the named insured and waiver of subrogation applies per form SS0008 [4/05] attached. his replaces Certificate issued 2/1/2012. UEKTIFIUA-1 t MULUtK v.,..v.:. v+....,. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE 11707 E Sprague Ave, Ste 106 Sp kane Valley, WA 99206 Mike Molone LHS ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ACOR4 CERTIFICATE OF LIABILITY INSURANCE iWozoiza 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 pollcy(les) 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 Moloney, O'Neill, Corkery & Jones, Inc. 818 W Riverside, #800 Spokane, WA 99201 UNTAUT ME: P eE,d,509.325.3024 No: 509.325.1803 ADDRESS: 1NSURER(S) AFFORDING COVERAGE NAIC9 INSURERA: Continental Casualty Company INSURED LandTek LLC 619 N Madelia St Spokane, WA 99202 -2926 INSURERB: INSURER C: EACH OCCURRENCE INSURERD: hu PREMISES Ea ocaarence INSURER E : INSURER F : dInveeAr_ee Y2EI7TIPIe-ATF NI IMRFR- 11i][2 Rrnt Ltab REVISION NUMBER; THIS IS TO CERTIFY THAT THE POL LIES OF INSURANCE LISTED BELOW HAVE BEEN SS D TO T E INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, T1y TYPE OF INSURANCE INSR WVD POLICY NUMBER MMlOD MIDD/YYYY 11N�TS GENERAL LIABILITY EACH OCCURRENCE S hu PREMISES Ea ocaarence $ COMMERCIAL GENERAL LIABILITY MED EXP (Anyone person) S CLAIMS -MADE OCCUR PERSONAL & ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPUESPER PRODUCTS - COMP /OPAGG S S POLICY 260T LOG AUTOMOBILE LIABILITY a accident S BODILY INJURY (Per person) $ ANYAUTO BODILY INJURY (Par accident) S ALL OWNED SCHEDULED AUTOS HIRED AUTOS AUTOS -0 ED eratddent S $ UMBRELLALtAB OAR EACH OCCURRENCE $ AGGREGATE $ EXCESSLLAS HCLAIMS-MADE DED I I RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNER/EXECUTiVU _ TORY LIMITS ER $ E.L. DISEASE - EA EMPLOYEES OFFIC£RIMEMBER EXCLUD£D7 f ((Mandatory In NH) NIA E.L DISEASE - POLICY LIMIT $ Iipes descn'be under DESdffiPTION OF OPERATIONS beknv —Professional Liability LSH276190525 08/0312011 08/03/2012 $1,000,000 Per Claim, A $2,000,000 Aggregate $5000 ded Per Claim DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarka Schedule, It more apace Is requlrod) Re: SVPW Contract: 12 -006 Evergreen Rd Reconstruction Project Survey Services CERTIFICATE HULUtK wn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE 11707 E Sprague Ave, Ste 106 Sp kane Valley, WA 99206 Mike Moloney/VAR ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010106) The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 © 2005, The Hartford QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension - Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 16 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what Is and Is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown In the Declarations. The words "we ", "us" and "our" refer to the stock insurance company member of The Hartford providing this Insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words and phrases that appear In quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A, COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the Insured becomes legally obligated to pay as damages because of "bodily Injury", "property damage" or "personal and advertising Injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the Insured against any "suit" seeking damages for "bodily injury', "property damage" or "personal and advertising Injury" to which this Insurance does not apply. We may, at our discretion, Investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described In Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of Insurance in the payment of judgments, settlements or medical expenses to which this Insurance applies. No other obligation or liability to pay sums or perform acts 'or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This Insurance applies: (1) To "bodily injury' and "property damage" only If; (a) The "bodily injury' or "property damage" Is caused by an "occurrence" that takes place In the "coverage territory" (b) The "bodily injury' or "property damage" occurs during the policy period; and (c) Prior to the policy period, no Insured listed under Paragraph 1. of Section C. — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily Injury" or "property damage" had occurred, In whole or in part. If such a listed Insured or authorized "employee" knew, prior to the policy period, that the "bodily Injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily Injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily Injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any Insured listed under Paragraph 1, of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily Injury" or "property damage" to us or any other Insurer; Form SS 00 08 04 05 Page 1 of 24 © 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage'; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily Injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily Injury". e. incidental Medical Malpractice (1) "Bodily Injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic Is employed by you to provide such services; and (b) You are not engaged In the business or occupation of providing such services. (2) For the purpose of determining the limits of Insurance for incidental medical malpractice, any act or omission together with all related acts or omissions In the furnishing of these services to any one person will be considered one "occurrence ". 2. MEDICAL EXPENSES Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are Incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault, These payments will not exceed the applicable limit of Insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x -ray and dental services, Including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS a. We will pay, with respect to any claim or "suit" we investigate or settle, or any "suit" against an Insured we defend: (1) All expenses we Incur. (2) Up to $4,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily Injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of Insurance. We do not have to fumish these bonds. (4) All reasonable expenses Incurred by the Insured at our request to assist us In the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. (6) All costs taxed against the insured In the "suit ". (6) Prejudgment Interest awarded against the Insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment Interest based on that period of time after the offer. (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited In court the part of the judgment that is within the applicable limit of insurance. Any amounts paid. under (1) through (7) above will not reduce the limits of insurance. Page 2 of 24 Form SS 00 08 04 05 b. If we defend an insured against a "sult" and an indemnitee of the insured Is also named as a party to the "sult ", we will defend that Indemnitee If all of the following conditions are met: (1) The "sW against the Indemnitee seeks damages for which the Insured has assumed the liability of the indemnitee In a contract or agreement that Is an "insured contract "; (2) This Insurance applies to such liability assumed by the Insured; (3) The obligation to defend, or the cost of the defense of, that Indemnitee, has also been assumed by the Insured In the same "insured contract "; (4) The allegations In the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the Interest of the Indemnitee; (5) The Indemnitee and the Insured ask us to conduct and control the defense of that Indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the Indemnitee; and (6) The Indemnitee: (a) Agrees In writing to: (1) Cooperate with us in the investigation, settlement or defense of the "suit'; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit "; (Ili) Notify any other insurer whose coverage is available to the Indemnitee; and (Iv) Cooperate with us with respect to coordinating other applicable Insurance available to the Indemnitee; and (b) Provides us with written authorization to: (1) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the Indemnitee in such "suit ". BUSINESS LIABILITY COVERAGE FORM So long as the above conditions are met, attorneys' fees Incurred by us in the defense of that Indemnitee, necessary litigation expenses Incurred by us and necessary litigation expenses Incurred by the Indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph- 1.b.(b) of Section B. — Exciusions, such payments will not be deemed to be damages for "bodily Injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an Insured's Indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance In the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described In Paragraph (6) above, are no longer met. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the Insured. This exclusion does not apply to "bodily Injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising Injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the Insured with the expectation of indicting "personal and advertising Injury". b. Contractual Liability (1) "Bodily injury" or "property damage "; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily Injury", "property damage" or "personal and advertising injury" that the Insured would have In the absence of the contract or agreement; or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily Injury" or "property damage" (b) Performing duties related to the assumed In a contract or agreement conduct of the Insured's business, or that Is an "insured contract', (2) The spouse, child, parent, brother or provided the "bodily Injury" or sister of that "employee" as a "Property damage" occurs consequence of (1) above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed In (1) Whether the Insured may be liable as an "Insured contract', reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses Incurred by or for (2) To any obligation to share damages a party other than an Insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the Insured under an "insured (1) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed In the same "insured contract ", and {1} "Bodily injury", "property damage" or "personal and advertising injury" (11 ) attorneys' Y Such ' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of "pollutants ": resolution proceeding in which (a) At or from any premises, site or damages to which this Insurance applies are alleged. I location which is or was at any time owned or occupied by, or c. Liquor Liability rented or loaned to any Insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: (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 heat, under the Influence of alcohol; or cool or dehumidify the building; or equipment that used to (3) Any statute, ordinance or regulation heat water for personal use, by relating to the sale, gift, distribution or the buildings occupants or their use of alcoholic beverages. guests; This exclusion applies only if you are In the (11) "Bodily Injury' or "property business of manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the Insured under a policy as an additional Insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily Injury" to: such premises, site or location Is not and never was owned or (1) An "employee" of the Insured arising occupied by, or rented or out of and In the course of: loaned to, any insured, other (a) Employment by the insured; or than that additional insured; or Page 4 of 24 Form SS 00 08 04 06 BUSINESS LIABILITY COVERAGE FORM (111) "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 by you or on your behalf by a transported, handled, stored, treated, disposed of, or processed contractor or subcontractor, or as waste by or for: (iii) "Bodily Injury" or "property (1) Any insured; or damage" arising out of heat, smoke or fumes from a (11) Any person or organization for "hostile fire "; or whom you may be legally (e) At or from any premises, site or responsible; location on which any Insured or any (d) At or from any premises, site or contractors or subcontractors location on which any Insured or working directly or indirectly on any any contractors or subcontractors Insured's behalf are performing working directly or indirectly on operations if the operations are to any Insured's behalf are test for, monitor, dean up, remove, performing operations If the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of, "pollutants ". connection with such operations (2) Any loss, cost or expense arising out by such Insured, contractor or of any: subcontractor. However, this subparagraph does not apply to: (a) Request, demand, order or statutory (1) "Bodily Injury" or "property or regulatory requirement that any Insured or others test for, monitor, damage" arising out of the escape of fuels, lubricants or dean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or In any way needed to perform the normal respond to, or assess the effects of, "; electrical, hydraulic or "pollutants or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, If such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or In any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily Injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because Intentional discharge, dispersal of "property damage" that the Insured or release of the fuels, would have In the absence of such lubricants or other operating request, demand, order or statutory or fluids, or If such fuels, regulatory requirement, or such claim lubricants or other operating or "sult" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the Intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 6 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" In, or "Bodily Injury" or "property damage" arising while In practice or preparation for, a out of the ownership, maintenance, use or "auto" prearranged racing, speed or demolition contest or In any stunting entrustment to others of any aircraft, activity. or watercraft owned or operated by or rented or loaned to any insured. Use Includes 1. War operation and "loading or unloading ". "Bodily Injury", "property damage" or This exclusion applies even if the claims "personal and advertising Injury", however against any Insured allege negligence or caused, arising, directly or indirectly, out of other wrongdoing in the supervision, hiring, (1) War, Including undeclared or civil war; employment, training or monitoring of others (2) Warlike action by a military force, by that insured, If the occurrence which "property including action in hindering or caused the "bodily Injury" or damage" Involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, sovereign or other authority using any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to military personnel or other agents; or any Insured. (3) Insurrection; rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by governmental authority in hindering or (1) A watercraft while ashore on premises defending against any of these. you own or rent; J. Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Legs than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but Is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" Is not owned by or services; rented or loaned to you or the Insured; (2) Preparing, approving, or failing to (4) Liability assumed under any 'Insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, Inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed In Paragraph f.(2) (4) Medical, surgical, dental, x -ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment "; or Instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service Insured and Is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply If the Insured Instruction for the purpose of has any other insurance for such "bodily appearance or skin enhancement, hair injury" or "property .damage ", whether removal or replacement or personal the other Insurance is primary, excess, grooming; contingent or on any other basis. (7) Optical or hearing aid services h. Mobile Equipment including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of ophthalmic lenses and similar (1) The transportation of "mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured; or Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fiiting,demonstration or premises, Including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To Premises Rented To You as described in (a) Body piercing (not including ear Section D. - Limits Of Insurance. piercing); Paragraph (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 under the skin; and rental by you. (c) Similar services; Paragraphs (3) and (4) of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, Including web under a sidetrack agreement. site design. Paragraphs (3) and (4) of this exclusion do Paragraphs (4) and (5) of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e, in Section A. - Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" included In the "Property damage" to: "products- completed operations hazard ". (1) Property you own, rent or occupy, 1. Damage To Your Product Including any costs or expenses "Property damage" to "your product" Incurred by you, or any other person, arising out of it or any part of It. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" to "your work" arising property for any reason, Including out of It or any part of It and Included in the prevention of Injury to a person or "products- completed operations hazard ". damage to another's property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon, if the "property damage" arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or Property Not Physically Injured (4) Personal property in the care, custody or control of the Insured; "Property damage" to "Impaired property" or properly that has not been physically (5) That particular part of real property on Injured, arising out of: which you or any contractors or subcontractors working directly or (1) A defect, deficiency, Inadequacy or Indirectly on your behalf are performing dangerous condition In "your product" operations, If the "property damage" or "your work "; or arises out of those operations; or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with Its terms. Incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical Injury to "your product" or "your work" after It has been put to Its intended use. Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product "; (c) An Internet search, access, (2) "Your work "; or content or service provider. (3) "Impaired property"; However, this exclusion does not If such product, work or property " Is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising Injury" In Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, Inadequacy or dangerous Definitions. condition In It. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by itself, Is not considered the business (1) Arising out of oral, written or electronic of advertising, broadcasting, publication of material, if done by or at publishing or telecasting; the direction of the Insured with {9} Arising out of an electronic chat room knowledge of its falsity; or bulletin board the Insured hosts, (2) Arising out of oral, written or electronic owns, or over which the insured publication of material whose first exercises control; publication took place before the (10) Arising out of the unauthorized use of beginning of the policy period; anther's name or product In your e-mail (3) Arising out of a criminal act committed address, domain name or metatags, or by or at the direction of the Insured; any other similar tactics to mislead (4) Arising out of any breach of contract, anther's potential customers; except an implied contract to use (11) Arising out of the violation of a another's "advertising Idea" in your person's right of privacy created by "advertisement"; any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; "advertisement''; (12) Arising out of: (6) Arising out of the wrong description of (a) An "advertisement" for others on the price of goods, products or services; your web site; (7) Ar €sing out of any violation of any (b) Placing a link to a web site of Intellectual property rights such as others on your web site; copyright, patent, trademark, trade name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, graphics or images; or apply to infringement, In your "advertisement ", of (d) Computer code, software or programming used to enable: (a) Copyright; (b) Slogan, unless the slogan Is also (1) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 (13) Arising out of a violation of any anti- trust law; (14) Arising out of the fluctuation in price or value of any stocks, bonds or other securities; or (15) Arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the Insured. q. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data ". r. Employment- Related Practices "Bodily Injury" or "personal and advertising Injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment - related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily Injury" or "personal and advertising Injury" to the person at whom any of the employment - related practices described in Paragraphs (a), (b), or (c) above Is directed. This exclusion applies: (1) Whether the Insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the Injury. s. Asbestos (1) "Bodily injury", "property damage" or "personal and advertising Injury" arising out of the "asbestos hazard ". (2) Any damages, judgments, settlements, loss, costs or expenses that: BUSINESS LIABILITY COVERAGE FORM (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or In part but for the "asbestos hazard'; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard "; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or In any way responding to or assessing the effects of an "asbestos hazard ". t. Violation Of Statutes That Govern E- Malls, Fax, Phone Calls Or Other Methods Of Sending Material Or Information "Bodily injury", "property damage ", or "personal and advertising Injury" arising directly or Indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protectlon Act (TCPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, Including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or Information. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning or Explosion Exclusions c. through h. and k. through o, do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described In 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 We will not pay expenses for "bodily Injury": a. Any insured To any insured, except "volunteer workers ". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person Injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any Insured, If benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person Injured while practicing, Instructing or participating in any physical exercises or games, sports or athletic contests. f. Products - Completed Operations Hazard Included with the "products - completed operations hazard ". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO iS AN INSURED 1. If you are designated In the Declarations as: a. An individual, you and your spouse are Insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also Insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an Insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also Insureds, but only with respect to their liability as stockholders. e. A trust, you are an Insured. Your trustees are also Insureds, but only with respect to their duties as trustees. 2. Each of the following Is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees ", other than either your "executive officers" (If you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising Injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the Injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or falling to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 (b) Rented to, in the care, custody or control of, or over which physical control Is being exercised for any purpose by you, any of your "employees ", "volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker'), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property If you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative if You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which Is a legally Incorporated entity of which you own a financial Interest of more than 50% of the voting stock on the effective date of this Coverage Part. The Insurance afforded herein for any subsidiary not shown In the Declarations as a named Insured does not apply to Injury or damage with respect to which an Insured under this insurance is also an Insured under another policy or would be an Insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar Insurance available to that organization. However: a. Coverage under this provision Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily Injury" or "property damage" that occurred; or (2) "Personal and advertising Injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator,Of Mobile Equipment With respect to "mobile equipment" registered In your name under any motor vehicle registration law, any person Is an Insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person Is also an Insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind Is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury' to a co-"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who Is an insured under this provision. 5. Operator of Nonowned Watercraft- With respect to watercraft you do not own that Is less than 51 feet long and is not being used to carry persons for a charge, any person is an Insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other Insurance of any kind Is available to that person or organization for this liability. However, no person or organization Is an insured with respect to: a. "Bodily Injury" to a co= employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 8. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified. In Paragraphs a. through f. below are additional Insureds when you have agreed, In a written Form 85 00 08 04 06 Page 11 of 24 BUSINESS LIABILI'T'Y COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit Issued by a state or political Inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional Insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization Is an additional products; (fl Demonstration, Installation, Insured under this provision only for that servicing or repair operations, period of time required by the contract, except such operations performed agreement or permit. at the vendor's premises In However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization Is Included as an (g) Products which, after distribution additional insured by an endorsement Issued or sale by you, have been labeled- by us and made a part of this Coverage Part, or relabeled used a including all persons or organizations added container, part or r I ngredient o of f any as additional insureds under the specific other thing or substance by or for additional Insured coverage grants In Section the vendor; or F. — Optional Additional Insured Coverages, a, Vendors (h) "Bodily injury" or "property damage �� arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for Its below as vendor), but only with respect to own acts or omissions of those of "bodily Injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only ff this Coverage Part (1) The exceptions contained in provides coverage for bodily Injury or Subparagraphs (d) or (f); or "property damage" Included within the "products- completed operations hazard ". (ii) Such inspections, adjustments, (1) The Insurance afforded to the vendor tests or servicing as the vendor has agreed to make or normally Is subject to the following additional undertakes to make in the usual exclusions: course of business, In This Insurance does not apply to: connection with the distribution (a) 'Bodily Injury" or "property or sale of the products. damage" for which the vendor Is (2) This Insurance does not apply to any obligated to pay damages by Insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence b. Lessors Of Equipment of the contract or agreement; (b) Any express warranty (1) Any person or organization from whom you lease equipment; but only unauthorized by you; with respect to their liability for bodily (c) Any physical or chemical change injury", "property damage" or In the product made Intentionally "personal and advertising injury" by the vendor; caused, in whole or In part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such Inspection, demonstration, testing, person or organization. or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the Insurance afforded e. Permits Issued By State Or Political to these additional Insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has Issued a permit. whom you lease land or premises, but (2) With respect to the Insurance afforded only with respect to liability arising out to these additional Insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) 'Bodily Injury", "property damage" leased to you, or "personal and advertising (2) With respect to the insurance afforded Injury" arising out of operations to these additional Insureds, this performed for the state or Insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that Included within the "products - land or be a tenant In that completed operations hazard ". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an Insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and - d. Architects, Engineers Or Surveyors advertising injury" caused, In whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting Injury', "property damage" or "personal on your behalf: and advertising Injury' caused, In whole (a) In the performance of your or In part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) in connection with "your work" and or included within the "products - (b) In the performance of your completed operations hazard ", but ongoing operations performed by only If you or on your behalf. (1) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional Insureds, the provide such coverage to following additional exclusion applies: such additional Insured; and This Insurance does not apply to (11) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily Injury" or "personal and advertising Injury" "property damage" Included arising out of the rendering of or the within the "products - fallure to render any professional completed operations hazard ". services by or for you, including: (2) With respect to the Insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily Injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, Inspection, architectural, engineering or surveying architectural or engineering services, Including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, Inspection, architectural or engineering activities. The limits of insurance that apply to additional Insureds are described In Section D. -- Limits Ofinsurance. How this insurance applies when other Insurance Is available to an additional Insured Is described In the Other Insurance Condition In Section E. — Liability And Medical Expenses General Conditions. No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that Is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for a. Damages because of "bodily Injury" and "properly damage" Inciuded In the "products- completed operations hazard" is the Products - Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily Injury", "property damage" or "personal and advertising injury', Including medical expenses, Is the General Aggregate Limit shown In the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises Involving the same or connecting lots, or premises whose connection Is Interrupted only by a street, roadway or right -of -way of a railroad. Page 14 of 24 This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arlsing out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily Injury", property damage and medical expenses arising out of any one "occurrence" Is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily Injury" sustained by any one person Is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising Injury sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who Is an additional insured under this Coverage Part Is the lesser of: a. The limits of insurance specified In a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown In the Declarations and described In this Section. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit ", the most we will pay legal papers received In connection under this policy and the endorsements is the with the claim or "suit "; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit ". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us In the investigation, limit set forth In Paragraph 3, above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit "; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown In the person or organization that may be Declarations, unless the policy period Is extended liable to the Insured because of injury after issuance for an additional period of less than 12 or damage to which this Insurance months. In that case, the additional period will be may also apply. deemed part of the fast preceding period for purposes d. Obligations At The Insured's Own Cost of determining the Limits of insurance. E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that Insured's own cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or Incur any expense, other 1. Bankruptcy than for first aid, without our consent. Bankruptcy or insolvency of the Insured or of e. Additional Insured's Other Insurance the Insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional Insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and Indemnify. You or any additional insured must see to However, this provision does not apply to It that we are notified as soon as "occurrence" the extent that you have agreed In a practicable of an or an written contract, written agreement or offense which may result In a claim. To permit that this insurance is primary and the extent posslbie, notice shouid Include: non - contributory with the additional (1) Haw, when and where the "occurrence" Insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit Injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any Injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to: b. Notice Of Claim (1) You or any additional Insured that is If a claim is made or "suit" Is brought an individual; against any Insured, you or any additional (2) Any partner, if you or an additional Insured must: insured is a partnership, (1) Immediately record the specifics of the (3) Any manager, If you or an additional claim or "suit" and the date received; Insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional Insured must see to insured is a corporation; It that we receive a written notice of the (5) Any trustee, If you or an additional claim or "suit" as soon as practicable. Insured Is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other Involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy Is certified as proof of financial responsibility for the future under the provisions of any motor vehicle flnancia€ responsibility law, the Insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of Insurance required by that law. b. With respect to "mobile equipment" to which this Insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no -fault or other coverage required by any motor vehicle -law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us Into a "suit" asking for damages from an Insured; or b. To sue us on this Coverage Form unless all of its terms have been fully compiled with. A person or organization may sue us to recover on an agreed settlement or on a final Judgrirent against an insured; but we will not be liable for damages that are not payable under the terms of this Insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the Insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned In this policy to the first Named Insured, this Insurance applies: a. As If each Named insured were the only Named Insured; and b. Separately to each Insured against whom a claim Is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and Page 16 of 24 (3) We have issued this policy In reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the Inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible Insurance Is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This Insurance Is primary except when b. below applies. If other Insurance Is also primary, we will share with all that other Insurance by the method described in c. below. b. Excess Insurance This Insurance Is excess over any of the other Insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion Insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That Is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Form SS 00 08 04 05 (6) When You Are Added As An Additional Insured To Other Insurance That is other Insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional Insured by that Insurance; or (7) When You Add Others As An Additional insured To This Insurance That is other insurance available to an additional Insured. However, the following provisions apply to other insurance available to any person or organization who Is an additional Insured under this Coverage Part: (a) Primary Insurance When Required By Contract This Insurance Is primary if you have agreed In a written contract, written agreement or permit that this Insurance be primary. If other insurance Is also primary, we will share with all that other insurance by the method described In c. below. (b) Primary And Non - Contributory To Other Insurance When Required By Contract if you have agreed In a written contract, written agreement or permit that this Insurance Is primary and non - contributory with the additional Insured's own insurance, this Insurance is primary and we will not seek contribution from that other Insurance. Paragraphs (a) and (b) do not apply to other Insurance to which the additional Insured has been added as an additional Insured. When this Insurance is excess, we will have no duty under this Coverage Part to defend the Insured against any "suit" If any other insurer has a duty to defend the Insured against that "suit ". If no other Insurer defends, we will undertake to do so, but we will be entitled to the Insured's rights against all those other Insurers. BUSINESS LIABILITY COVERAGE FORM When this Insurance is excess over other Insurance, we will pay only our share of the amount of the loss, If any, that exceeds the sum of (1) The total amount that all such other Insurance would pay for the loss in the absence of this Insurance; and (2) The total of all deductible and self - Insured amounts under all that other insurance. We will share the remaining loss, if any, with any other Insurance that is not described In this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of insurance shown In the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each Insurer contributes equal amounts until it has paid Its applicable limit of Insurance or none of the loss remains, whichever comes first. If any of the other Insurance does not permit contribution by equal shares, we will contribute by limits. Underthis method, each insurer's share Is based on the ratio of Its applicable limit of insurance to the total applicable limits of Insurance of all insurers. S. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the Insured has rights to recover all or part of any payment, Including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to *us. The Insured must do nothing after toss to impair them. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, Including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the Insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the Injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. Is amended to include as an additional Insured If listed or shown as applicable in the Declarations, the persons) or organization(s) shown In the one or more of the fallowing Optional Additional tions as an Additional Insured - Declara ra io Insured Coverages also apply. When any of these Gran Franchise, but only with respect f Opfional Additional Insured Coverages apply, their liability as grantor of franchise to you. Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business Insured the person(s) or organization(s) Liability Coverage In this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional insured - Designated Person Or but only with respect to liability for "bodily Organization Injury", "property damage" or "personal and advertising Injury" caused, In whole or WHO IS AN INSURED under Section C. is in part, by your maintenance, operation or amended to include as an additional Insured use of equipment (eased to you by such the person(s) or organization(s) shown in the persons) or organization(s). Declarations, but only with respect to liability "property b. With respect to the insurance afforded to for "bodily injury", damage" or "personal and advertising Injury" caused, In these additional Insureds, this Insurance "occurrence" whole or in part, by your acts or omissions or does not apply to any which takes place after you cease to lease that the acts or omissions of those acting on your behalf: equipment. a. In the performance of your ongoing 5. Additional Insured -. Owners Or Other interests From Whom Land Has Been operations; or Leased b. in connection with your premises owned a. WHO IS AN INSURED under Section C. is by or rented to yQu. amended to include as an additional 2, Additional Insured - Managers Or Lessors insured the person(s) or organizations) Of Premises shown In the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured -- Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organlzatlon(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the wish respect 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 these additional Insureds, the following Declarations. additional exclusions apply: b. With respect to the Insurance afforded to This insurance does not apply to: these additional Insureds, the following additional exclusions apply: (1) Any "occurrence" that takes place after you cease to tease that land; or This insurance does not apply to: (2) Structural alterations, new (1) Any "occurrence" which takes place construction or demolition operations after you cease to be a tenant in that performed by or on behalf of such premises; or person or organization. (2) Structural alterations, new 6, Additional Insured - State Or Political construction or demolition operations Subdivision — Permits performed by or on behalf of such a. WHO 1S AN INSURED under Section C. is person or organization. amended to Include as an additional Insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to Inspections, adjustrnents, 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 distribution or sale of the products; these additional Insureds, the following additional exclusions apply: (f) Demonstration, Installation, This Insurance does not apply to: servicing or repair operations, except such operations performed (1) "Bodily Injury", "property damage" or at the vendor`s premises In "personal and advertising Injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "Bodily Injury" or "property damage" or sale by you, have been labeled Included in the "product- completed or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured — Vendors other thing or substance by or for a. WHO iS AN INSURED under Section C. Is the vendor; or amended to Include as an additional (h) 'Bodily Injury" or "property Insured the person(s) or organization(s) damage arising out of the sole (referred to below as vendor) shown In the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury' or "property damage" arising out of acting on Its behalf. However, this "Your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (1) The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or (II) Such inspections, "property damage" Included within the ". adjustments, tests or servicing "products - completed operations hazard as the vendor has agreed to b. The Insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make In the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This Insurance does not apply to any reason of the assumption of Insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any Ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured —Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. Is (c) Any physical or.chemical change amended to Include as an additional Insured In the product made Intentionally the person(s) or organizations) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling interest, but only with respect to solely for the purpose of Inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they 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 alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization a. WHO iS AN INSURED under Section C. is amended to include as an additional Insured the person(s) or organization(s) shown In the Declarations as an Additional insured — Owner, Lessees Or Contractors, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for the additional insured(s); or (2) In connection with "your work" performed for that additional insured and Included within the "products - completed operations hazard ", but only if this Coverage Part provides coverage for "bodily Injury" or "property damage" included within the "products- completed operations hazard ". b. With respect to the insurance afforded to these additional insureds, this Insurance does not apply to "bodily Injury", "property damage" or "personal an advertising Injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (2) Supervisory, Inspection, architectural or engineering activities. 10. Additional Insured — Co -Owner Of Insured Premises WHO iS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organization(s) shown In the Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with respect to their liability as co -owner of the premises shown In the Declarations. The limits of Insurance that apply to additional Insureds are described In Section D. — Limits Of Insurance. How this Insurance applies when other insurance Is available to an additional insured is described in the Other Insurance Condition In Section E. -- Liability And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or Images that has the purpose of Inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of Inducing the sale of goods, products or services; or c. Any other publication that is given widespread public distribution. However, "advertisement" does not Include: a. The design, printed material, Information or Images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising Idea" means any idea for an "advertisement ". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and Includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semi - traller designed for travel on public roads, Including any attached machinery or equipment. But "auto" does not Include "mobile equipment". 5. "Bodily Injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, If arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including Its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; If such property can'be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs In the course removal of "your product" or "your work'; of travel or transportation between any or places Included In a. above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the Injury or agreement, damage arises out of 12. "insured contract" means: (1) Goods or products made or sold by you a. A 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 that indemnifies any Is in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described In Section communication D. — Liability and Medical Expenses Limits provided the Insured's responsibility to pay of insurance. damages Is determined in the United States of b. A sidetrack agreement; America (including Its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement In connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad; 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to Indemnify a municipality, except In a. Stored as or on; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD -ROMS, tapes, drives, cells, data municipality In connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for "bodily injury" or "property 8. "Employee" Includes a "leased worker". "temporary damage" to a third person or organization, provided the "bodily injury" or "property "Employee" does not Include a damage is caused, in whole or In part, by worker". you or by those acting on your behalf. 9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law In the absence of any charter, constitution, by -laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that Indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property Intended to be. damage" arising out of construction or 11. "impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road -beds, tunnel, a. it incorporates "your product" or "your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not Include deficient, Inadequate or dangerous; or that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That Indemnifies an architect, engineer or surveyor for Injury or damage arising out of: (a) Preparing, approving or falling to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or Instructions, or failing to give them, If that Is the primary cause of the Injury or damage; or (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an Injury or damage arising out of the Insured's rendering or failure to render professional services, Including those listed in (1) above and supervisory, Inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not Include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After It Is moved from the place where it is accepted for movement Into or onto an aircraft, watercraft or "auto "; b. While It Is In or on an aircraft, watercraft or "auto "; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where It Is finally delivered; but "loading or unloading" does not Include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self - propelled or not, on which are permanently mounted: Page 22 of 24 (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self - propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, Including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not.described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self - propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos ": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for. (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, Including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the some general harmful conditions. 17. "Personal and advertising Injury" means Injury, Including consequential "bodily Injury", arising out of one or more of the following offenses: a. False arrest, detention or Imprisonment; b. Malicious prosecution; Form SS 00 08 04 05 c. The wrongful eviction from, wrongful entry Into, or Invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising Idea" or style of "advertisement "; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement "; or h. Discrimination or humiliation that results In Injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal Irritant or contaminant, including smoke, vapor, soot, fumes, adds, alkalis, chemicals and waste. Waste Includes materials to be recycled, reconditioned or reclaimed. 19. "Products - completed operations hazard "; a. Includes all "bodily Injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still In your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its Intended use by any person or organization other than another contractor or subcontractor working on the same project. BUSINESS LIABILITY COVERAGE FORM Work that may need service, maintenance, correction, repair or replacement, but which Is otherwise complete, will be treated as completed. The "bodily Injury" or "property damage" must occur away from premises you own or rent, unless your business Includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not Include "bodily Injury" or "property damage" arising out of: (1) The transportation of property, unless the Injury or damage arises out of a condition In or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any Insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical Injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical Injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" Is not tangible property. 29. "Suit" means a civil proceeding In which damages because of "bodily Injury", "property damage" or "personal and advertising Injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your "employee "; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c.. Does not Include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work ": 24. "Your product ": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished In connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of "your work'; and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or Instructions. furnished In connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product'; and Page 24 of 24 Form SS 00 08 04 05