HomeMy WebLinkAbout2011-103 Contract - Kittelson & Associates
C I T Y OF CONSULTANT: Kittelson & Associates, Inc.
ASHLAND CONTACT: Susan Wright
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 610 SW Alder St., Ste 700, Portland, OR 97205
Telephone: 541/488-6002
Fax:' 541/488-5311 TELEPHONE: 503-228-5230
DATE AGREEMENT PREPARED: 4/18/2011 FAX: 503-273-8169
BEGINNING DATE: Februarv 4,2011 COMPLETION DATE: December 31,2012
COMPENSATION: Not to exceed $30,000
SERVICES TO BE PROVIDED: N. Main Road Diet enaineerina services
ADDITIONAL TERMS:
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1) the services to be acquired are personal serVices; (2) the City does not have
adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for
utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and
capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided: (5) the consultant's proposal will best serve the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely
terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City. Consultant shall have no liability for any claims, suits, actions, judgments, losses, costs, expenses or damages
resulting from City's reuse or misuse of Consultant's work products on other projects or in connection with making
additions to the Project if Consullant is not retained in connection therewith.
7. Statutory Requirements: When applicable ORS 279B.220, 279 B.225, 279B.230, 279B.235, ORS Chapter 244,
ORS 670.600. 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract as though these
provisions were set forth in full herein.
8. Living Wage Requirements: If the amount of this contract is $18,703 or more, Consultant is required to comply with
chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not
limited to, Consultant's employees, agents, and others designated by Consuitant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, iudoments, or other damaoes, direcliv, solelv, and oroximatelv caused bv the nenlioence of cltv.
Contract for PERSONAL SERVICES
Contract for Personal Services, Revised 07/28/2010, Page 1 of 5
10. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions;
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iiI. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obliaation/Liabilltv of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otheowise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract documents, information, works,ln-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has Instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors: or ceases doing business
on a regular basis of the type identified in its obligations under the Contract: or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance;
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one;
$200,000, $500,000, $1.000.000, '$2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
c. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1.000.000, $2,000,000 pr Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one;
$200,000, $500,000, ~1 000000, or Not Applicable for each accident for Bodilv Iniurv and Propertv Damaoe,
Contract for Personal Services, Revised 07/28/2010, Page 2 of 5
including coverage for owned, hired or non,owned vehicles, as applicable.
e. Notice of cancellation or chanoe. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s} to
the City.
f. Addilionallnsured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contrlbutory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish
acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of
the parties who are Additional Insureds. Insuring companies or entities are subject tothe City's acceptance. If
requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The
Consultant shall be financially responSible for all pertinent deductibles, self,insured retentions and/or self,
insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought In a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any fonn of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may tenninate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall si n the certification attached hereto as Exhibit A and herein incor orated b reference.
onsultant: City of Ashland
By ^O---/~~
Signature
OA<l.() (..."""'I~L.r
Print Name
By \'I
D FINDINGS DETERMINED BY:
City Department Head
"PFU\....,iS AA4.V'1't~
Title
Michael R. Fauoht
Print Name
'-Iii If
Date
Date
Approved as to form by Legal
Date
ederallD#
Account # 71' tf) tf) ~ II ~~ 6 tf? ..yI II' &-CJ
(For City purposes only)
/~.;:z..~
Purchase Order No.
'Completed W9 fonn must be submitted with contract
Contract for Personal Services, Revised 07/28/2010, Page 3 of 5
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of pe~ury, certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer 10 (or is waiting for the number to be
issued to it and (b) Contractor is nol subject to backup withholding because (i) it is exempt from
backup withholding or (Ii) it has not been notified by the Internal Revenue Service (I RS) that it is
subject to backup withholding as a result qf a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and aulhorlly to enter into and perform the work, (b) the
. Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of pe~ury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
../" (1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
.,,/ (2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
V (3) Telephone listing is used for the business separate from the personal residence listing.
/ (4) Labor or services are performed only pursuant to wrllten contracts.
../ (5) Labor or services are performed for two or more different persons within a period of one
year.
(6) I assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability Insurance relating to the labor or services to be provided.
~~
Contractor .
sh ;/1
I I
(Date)
Contract for Personal Services, Revised 07/26/2010. Page 4 or 5
~
OP 10: BN
ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODNYVY)
"-.---- 05/09/11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain pOlicies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 503-892-0550 CONTACT
NAME:
KPD Insurance, Inc. 503-892-0700 ;,,~~NE Ir~ HOI:
10300 SW Greenburg Rd Ste 200 " E,
Portland, OR 97223 E-MAIL
ADDRESS;
Scott C. Price, ARM ~~~~~~~~ In N. KITI02C
INSURER/51 AFFORDING COVERAGE HAle.
INSURED Kittelson & Assoc. INSURER A Continental Casualty Ins Co
610 SW Alder St, Suite 700 INSURER B :
Portland, OR 97205 INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDl UBR II&OlICYEFF :2TJ'bJvV'l-(I LIMITS
LTR POLICY NUMBER MMIDDNYYY
GENERAL LIABiliTY EACH OCCURRENCE $
-
COMMERCIAL GENERAlllASIlITY ~~E~~~S lEa occurrence\ $
I CLAIMS-MADE D OCCUR MED EXP (Anyone person) $
- PERSONAL & AOV INJURY $
- GENERAL AGGREGATE $
~~ AGG~EnE LIMIT APnStPER: PRODUCTS - COMP/OP AGG $
POLICY ~r-RT lOC $
AUTOMOBilE LIABILITY COMBINED SINGLE LIMIT $
- (Eaaccldent)
- ANY AUTO BODILY INJURY (Per person) $
- All OWNED AUTOS BODilY INJURY (Per accident) $
- SCHEDULED AUTOS PROPERTY DAMAGE
$
- HIRED AUTOS (Per acCident)
NON-QWNED AUTOS $
-
$
UMBREllA lIAB H OCCUR EACH OCCURRENCE $
-
EXCESS LIAS CLAIMS-MADE AGGREGATE $
- DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION I WCSTATU-~ I IOJ~-
AND EMPLOYERS' LIABILITY VI"
ANY PROPRIETORJPARTNER/EXEClJTIVE D E.l. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? ""
(Mandatory In NH) E.l. DISEASE. EA EMPlOYEE $
If yes, descrIbe under E.l. DISEASE. POLICY LIMIT $
DESCRIPTION OF OPERATIONS below
A Professional AEH113778709 12/30/10 12/30/11 Limits & Deductibles
liability Below
DESCRIPTION OF OPERATIONS /lOCATIONS/VEHIClES (Attach ACORD 101, Additional Remarks Schedule,lf more space Is required)
proJect 11-24 North Main Road Diet
$2, 00,000 Annual Per Claim/$2,OOO,OOO Aggregate Limit.
$300,000 Deductible per Claim.
10 day notice of cancellation applies to non-payment of premium
CERTIFICATE HOLDER
CANCELLATION
CITASHO
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
20 East Main ACCORDANCE WITH THE POLICY PROVISIONS.
Ashland, OR 97520
AUTHORIZED REPRESENTATIVE
0;_ .fcrJ
ACORD 25 (2009/09)
@1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
~
OP 10: BN
ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY)
. ~ 05/09/11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 503-892,0550 CONTACT
NAME:
KPD Insurance, Inc. 503-892-0700 PHONE Ir~NO\:
10300 SW Greenburg Rd Ste 200
Portland, OR 97223 E-MAIL
ADDRESS:
Scott C. Price, ARM PRODUCER ID ... KITT02C
IN$URERf$1 AFFORDING COVERAGE NAle.
INSURED Kittelson & Associates, Inc. INSURER A: Hartford Casualtv Ins Co
610 SW Alder St., Suite 700 INSURER B : Hartford Underwriters Ins Co 30104
Portland, OR 97205 INSURER C :
INSURER 0 :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER'
REVISION NUMBER'
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE L UB :SM%V,l{.!vl II~OLlCY EXP
LTR POLICY NUMBER MMIDO/YYYY LIMITS
~NERAL LIABILITY EACH OCCURRENCE I 1,000,000
A X COMMERCIAL GENERAL LIABILITY X 52SBAUQ5445 01/01/11 01/01112 PREMISES Ea occurrence' I 300,000
I CLAIMS-MADE [!] OCCUR MED EXP (Any one pe~on) I 10,000
I- PERSONAL & ADV INJURY I 1,000,000
L-. GENERAl AGGREGATE I 2,000,000
nL AGG~EI~2r LIMIT APMS PER: PRODUCTS. COMP/OP AGG I 2,000,000
POLICY ~~9.; X LOC I
~TOMOBIlE LIABILITY COMBINED SINGLE LIMIT I 1,000,000
(Eaaccident)
B ~ ANY AUTO 52UECVZ2830 01101/11 01/01112
BQDtl Y INJURY (Per person) I
L-. ALL OWNED AUTOS BODILY INJURY (Per accident) I
L-. SCHEDULED AUTOS PROPERTY DAMAGE
I
L-. HIRED AUTOS (Per accident)
L-. NON.QWNED AUTOS I
I
I- UMBRELLA lIAB ~ OCCUR EACH OCCURRENCE I 1,000,000
EXCESS lIAB CLAIMS-MADE AGGREGATE I 1,000,000
A 52SBAUQ5445 01/01/11 01/01/12
I- DEDUCTIBLE I
X RETENTION I 10000 I
WORKERS COMPENSATION I WC STATU. 10J~-
AND EMPLOYERS' LIABILITY Y/"
ANY PROPRIETOR/PARTNERlEXECUTIVE D E.L EACH ACCIDENT I
OFFICERlMEMBER EXCLUDED? ",.
(Mandatory In NH) E.l. DISEASE - EA EMPlOYE I
~l~~~rtir~ O~~PERATIONS below E.l. DISEASE - POLICY LIMIT I
DESCRIPTION OF OPERATIONS I LOCATIONS 'VEHICLES (Attach ACORD 101, Additional Ramarks Schedule, If more space Is required)
Re: ProJect No 11-24 North Main Road Diet. The Cit~ of Ashland, Oregon and
its elec ed officials, officers and employees are inc uded as additional
insured per form 550008 04 05 including primary and non contributory
wording,
CERTIFICATE HOLDER
CANCELLATION
CITASHO
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
20 East Main ACCORDANCE WITH THE POLICY PROVISIONS.
Ashland, OR 97520
AUTHORIZED REPRESENTATIVE
<S:- ycrj
,
ACORD 25 (2009/09)
@1988,2009 ACORD CORPORATION. All ri9hts rBserved.
The ACORD name and logo are registered marks of ACORD
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
16
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit
15
3. Financial Responsibility Laws
16
4. Legal Action Against Us
@ ~p'iir'atior\'Ofl~liteds)
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
re;dCl ffi6r\allnslJreds)
@
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS
20
Fnnn SS DO 08 04 06
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,/\
yarious provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what
is and is not covered,
BUSINESS LIABILITY COVERAGE FORM
Throughout this policy the words 'you' and 'you(' refer to the Named Insured shown in the Declarations. The words
"we', "us" and "ou(' 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.
o Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And
;:'; Medical Expenses Definitions.
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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 duly to
defend the insured against any 'suit'
seeking those damages. However, we will
have no duty to defend the insured against
any "sun" 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 limn 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
(e) 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 JXllicy 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 eaniest 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;
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Form SS 00 08 04 05
@ 2005. The Hartford
Page 1 of 24
BUSINESS UABILlTY COVERAC.~ FORM
(2) Receives a written or vernal 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 resutting at any time from the "bodily
injury".
e. Incidental Medical Malpractice
(1) "Bodily injury" artsing 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 fumishing of these
services to anyone 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.
Paae 2 of 24
b. we will make these payments regardless of
fault. These payments will not exceed Ihe
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
professional
services.
ambulance,
nursing and
hospital,
funeral
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:
(11 All expenses we incur.
(2) Up to $1,000 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 fumish these bonds.
(3) The cost of appeal bonds or bonds 10
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 eamings
up to $500 a day because of time off
from worX.
(5) 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 Ihe
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.
Form SS 00 08 04 05
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b. If we defend an insured against a "suit"
and an indemnitee of the insured is also
named as a party to the "sutt", we will
defend' that indemnitee if all of the
following condttions are met:
(1) The "suit" 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:
(i) Cooperate with us in the
investigation, settlement or
defense of the "suit";
(ii) Immediately send US copies of
any demands, notices,
summonses or legal papars
received in connection with
the Ilsuit";
(iii) Notify any other insurer whose
coverage is available to the
indemnitee; and
(iv) Cooperate . wtth us with
respect to coordinating other
applicable insurance available
to the indemnitee; and
(b) Provides us with written
authoriZation to:
(i) Obtain records and other
information related to th e
"suit"; and
(ii) Conduct and control the
defense of the indemnitee in
such "suit".
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Fonn 55 00 08 04 05
BUi......ESS LIABILITY COVERAGE FORM
So long as the above conditions are met,
attomeys' 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. -
Exclusions, 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 cond'rtions set forth above, or the
terms of the agreement described in
Paragraph (6) above, are no longer met.
B. EXCLUSIONS
1. Applicable To Business Uability 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' resulling
from the use of reasonable force to
protect persons or property; or
(2) "Personal and advertising injury" arising
out of an offense committed by, a1 the
direction of or with the consent or
acquiescence of the insured with the
expectation of inflicting "personal and
advertising injury".
b. Contractual Liability
(1) "Bodily injury" or 'property damage"; or
(2) 'Personal and advertising inju!)'''
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 inpry", "property damage" or
"personal and advertising inju!)''' that
the insured would have in the
absence of the contract or
agreement; or
Page 3 of 24
BUSINESS LIABILITY COVERA(;t: FORM
(b) "Bodily injury" or "property damage"
assumed in a contract or agreement
that is an "insured contract",
provided the "bodily injury" or
"property damage" occurs
subsequent to the execution of the
contract or agreement. Solely for
the purpose of liability assumed in
an "insured contract", reasonable
attomeys' fees and necessary
Inigation expenses incurred by or for
a party other than an insured are
deemed to be damages beCause of
"bodily injury" or "property damage"
provided:
(i) Liability to such party for, or for
the cost of, that party's defense
has also been assumed in the
same "insured contract", and
(ii) Such attomeys' fees and
Inigation expenses are for
defense of that party against a
civil or altemative dispute
resolution proceeding in which
damages to which this
insurance applies are alleged.
c. Uquor Liability
"Bodily injury" or "property damage" for
which any insured may be held liable by
reason of:
(1) Causing or contributing to the
intoxication of any person;
(2) The fumishing of alcoholic beverages to
a person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or
use of alcoholic beverages.
This exClusion applies only if you are in the
business of manufacturing, distributing,
selling, serving or fumishing alcoholic
bevereges.
d. Workers' Compensation And Similar
Laws
Any obligation of the insured under a
wor1<ers' compensation, disabilny benefits
or unemployment compensation law or
any similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising
out of and in the course of:
la) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured's business, or
(2) The spouse, child ,. parent, brother or
sister of that "employee" as a
consequence of (1) above.
This exclusion applies:
(1) Whether the insured may be liable as
an employer o( in any other capacny;
and
(2) To any obligation to share damages
with or repay someone el.se who must
pay damages because of the injury.
This exclusion does not apply to liability
assumed by the insured urider an "insured
contract" .
f. Pollution
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the actual, alleged or
threatened discharge, dispersal,
seepage, migration, release or escape
of "pollutants":
(a) At or from any premises, site or
location which is or was at any
time owned or occupied by, or
rented or loaned to any insured.
However, this subparagraph does
not apply to:
(i) "Bodily injury" if sustained within
a building and caused by
smoke, fumes, vapor or soot
produced by or originating from
equipment that is used to heat, .
cool or dehumidify the building,
or equipment that is used to
heat water for personal use, by
the building's occupants or their
guests;
(ii) "Bodily injury" o( "property
damage" for which you may be
held liable, if YOlJ are a
contrado( and the owner or
lessee of such premises, site or
location has been added to your
policy as an addnional insured
with resped to your ongoing
operations performed for that
adlmional insured at that
premises, sile or location and
such premises, site or location
is not and never was owned or
ciccupied by, or rented or
loaned to, any insured, other
than that addnional insured; or
P;tnA .4. of ?4
Fonn S8 00 08 04 05
BU~ . JESS LIABILITY COVERAGE FORM
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(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire";
(b) At or from any premises, sile or
location which is or was at any
time used by or for any insured or
others for the handling, storage,
disposal, processing or treatment
of waste;
Ie) Which are or were at any time
transported, handled, stored,
treated, disposed of, or processed
as waste by or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible;
(d) At or from any premises, sile or
location on which any insured or
any contractors or subcontractors
working directly or indirectly on
any insured's behalf are
performing operations if the
"pollutants" are brought on or to
the premises, sile or location In
connectionwilh such operations
by such insured, contractor or
subcontractor. However, this
subparagraph does not apply to:
(i) "Bodily injury" or "property
damage" arising out of the
escape of fuels, lubricants or
other operating fluids which are
needed to perform the normal
electrical, hydraulic or
mechanical functions
necessary for the operation of
"mobile equipment" or its parts,
if such fuels, lubricants or other
operating fluids escape from a
vehicle part designed to hOld,
store or receive them. This
exception does not apply if the
"bodily injury" or "property
damage" arises out of the
intentional discharge, dispersal
or release of the fuels,
lubricants or other operating
fluids, or if such fuels,
lubricants or other operating
fluids are brought on or to the
premises, sile or location wilh
the intent that they be
discharged, dispersed or
released as part of the
operations being performed
by such insured, contractor or
subcontractor;
(ii) "Bodily injury" or "property
damage" sustained within a
building and caused by the
release of gases, fumes or
vapors from materials brought
into that building in connection
with operations being performed
by you or on your behalf by a
contractor or subcontractor; or
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a
"hostile fire"; or
(e) At or from any premises, sile or
location on which any insured or any
contractors or subcontractors
working directly or indirectly on any
insured's behalf are performing
operations if the operations are to
test for, monilor, dean up, remove,
contain, treat, detoxify or neutralize,
or in any way respond to, or assess
the effects of, "pollutants".
(2) Any loss, cost or expense arising out
of any:
(a) Request, demand, order or statutory
or regulatory requirement that any
insured or others test for, monilor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants"; or
(b) Claim or sull by or on behalf of a
governmental authority for
damages because of testing fur,
moniloring, cleaning up, removing,
containing, treating, detoxifying or
neutralizing, or in any way
responding to, or assessing the
effects of, "pollutants".
However, this paragraph does not
apply to liabilily for damages because
of "property damage" that the insured
would have in the absence of such
request, demand, order o( statutory or
regulatory requirement, or such claim
or "suit" by or on behalf of a
governmental authority.
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Page 5 of 24
BUSINESS UABILITY COVE RAe.;. fORM
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto"
or watercraft owned or operated by or rented
or loaned to any insured. Use includes
operation and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is
owned or operated by or rented or loaned to
any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises
you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons
for a charge;
(3) ParKing an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by or
rented or loaned to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership,
maintenance or use of aircraft or
watercraft;
(5) "Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f,(2)
or f.(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this
exception does not apply If the insured
has any other insurance for such "bodily
injury" or "property damage", whether
the other insurance is prtmary, excess,
contingent or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage"
arising out of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or
whiie in practice or preparation for, a
prearranged racing, speed or
demolilion contest or in any stunting
activity.
i. War
"Bodily injury", "property damage" or
"personal' and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force,
inciuding action in hindering or
defending against an actual or
expecled attack, by any government,
sovereign or other authority using
military personnel or other agents; or
(3) Insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority in hindering or
defending against any of these.
j. Professional Services
"Bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of o( failure to render
any professional service. This includes
but is not limited to:
(1) Legal, accounting or advertising
services;
(2) Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, sUlVeys,
field orders, change orders, designs or
drawings and specifications;
(3) Supervisory, inspection, architectural
or engineering activities;
(4) Medical, surgical, dentat, x,ray or
nursing services treatment, advice or
instruction;
(5) Any health or therapeutic service
treatment, advice or instruction;
(6) Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming;
(7) Optical or hearing aid services
including the prescribing, preparation,
fitting, demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;
Page 6 of 24
Form S5 00 08 04 05
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BU(. .ESS LIABILITY COVERAGE FORM
(8) Optometry or optometric services
including but not limited to examination
of the eyes and the prescribing,
preparation, lilting,demonstration or
distribution of ophthalmic lenses and
similar products;
(9) Any:
(a) Body piercing (not including ear
piercing);
(b) Tattooing, including but not limited
to the insertion of pigments into or
under the skin; and
(c) Similar services;
(10) Services in the practice of pharmacy;
and
(11) Computer consulting, design or
programming services, including web
site design. ..
Paragraphs (4) and (5) of this exclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1.e. in Section A. - Coverages.
Damage To Property
"Property damage" to:
(1) Property you own, rent or occupy,
including any costs or expenses
incurred by you, or any other person,
organization or entity, for repair,
replacement, enhancement,
restoration or maintenance of such
property for any reason, including
prevention of injurY to a person or
damage to anothers property;
(2) Premises you sell, give away or
abandon, if the "property damage" arises
out of any part ofthose premises;
(3) Property loaned to you;
(4) Personal property in the care, custody
or control of the insured;
(5) That particular part of real property on
wIlich you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations, if the "property damage"
arises out of those operations; or
(6) That particular part of any property
that must be restored, repaired or
replaced because "your work" was
incorrectly performed on it.
Parag(aphs (1), (3) and (4) of this
exclusion do not apply to "property
damage" (other than damage by fire) to
premises, including the contents of such
premises, rented to you for a periOd of 7 or
fewer consecutive days. A separate Limit
of Insurance applies to Damage To
Premises Rented To You as described in.
Section D. - Limits Of Insurance.
Paragraph (2) of this exclusion does not
apply if the premises are "your work" and
were never occupied, rented or held for
rental by you.
Paragraphs (3) and (4) of this exclusion do
not apply to the use of elevators.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to
borrowed equipment while not being used
to perform operations at a job site.
Paragraph (6) of this exclusion does not
apply to "property damage" included in the
"products-completed operations hazard".
I. Damage To Your Product
"Property damage" to "your product"
arising out of it or any part of it,
m. Damage To Your Work
"Property damage" to "your work" arising
out of it or any part of it and included in the
"products-completed operations hazard".
This' exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n. Damage To Impaired Property Or
Property NotPhysically Injured
"Property damage" to "impaired property"
or property that has not been phySically
injured, arising out ot.
(1) A defect, deficiency, inadequacy o(
dangerous condition in "your product"
or "your work"; or
(21 A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with its terms.
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 S5 00 08 04 05
Page 7 of 24
BUSINESS LIABILITY COVERAl.:.c: FORM
o. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss.. cost or
expense incurred by you or others for the
loss of use, withdrawal, recall, inspection,
repair, replacement, adjustment, removal
or disposal of:
(1) .Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work or property is
withdrawn or . recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it.
p. Personal And Advertising Injury
"Personal and advertising injury":
(1) Arising out of oral, written or electronic
publication of material, if done by or at
the. direction of the insured with
knowledge of its falsity;
(2) Arising out of oral, written or electronic
publication of material whose first
publication took place before the
beginning of the policy period;
(3) Arising out of a criminal act committed
by or at the direction of the insured;
(4) Arising out of any breach of contract,
except an implied contract to use
another's "advertising idea" in your
"advertisement";
(5) Arising out of the failure of goods,
products or . services to conform with
any statement of quality or
performance made in your
"advertisement";
(6) Arising out of the wrong description of
the price of goods, products or services;
(7) Arising out of any violation of any
intellectual property rights such as
copyright, patent, trademark, trade
name, trade secret, service mark or
other designation of origin or
authenticity.
However, this exclusion does not
apply to infringement.. in your
"advertisemenf', of
(a) Copyright;
(b) Slogan, unless the slogan is also
a trademark, trade name, service
mark or other designation of origin
or authenticity; or
(c) Title of any literary or artistic work;
(8) Arising out of an offense committed by
an insured whose business is:
(a) Advertising, broadcasting,
publishing or telecasting;
(b) Designing or determining content
of web sites for others; or
(c) An Internet search, access,
content or selVice provider.
However, this exclusion does not
apply to Paragraphs a.. b. and c.
under the definition of "personal and
advertising injury" in Section G. _
liability And Medical Expenses
Definitions.
For the purposes of this exclusion,
placing an "advertisement" for or
linking to others on your web sae, by
itself, is not considered the business
of advertising, broadcasting,
publishing or telecasting;
(9) Arising out of an electronic chat room
or bulletin board the insured hosts,
owns, O( over which the insured
exercises control;
(10) Arising out of the unauthorized use Of
anothe(s name o( product in your e-mail
address, domain name or metatags, or
any other similar tactics to mislead
anothe(s potential customer.;;
(11) Arising out of the violation of a
person's right of privacy created by
any state or federal act.
However, this exclusion does not
apply to lIabilay for damages that the
insured would have in the absence of
such state or federal act;
(12) Arising out of:
(a) An "advertisement" for others on
your web sae;
(b) Placing a link to a web site of
others on your web site;
(c) Content from a web site of others
displayed within a frame or border
on your web site. Content includes
information, code, sounds. text,
graphics or images; or
(d) Computer code, software or
programming used to enable:
(i) Your web site; or
(ii) The presentation or functionality
of an "advertisement" or other
content on your web site;
Paae 8 of 24
Form 55 00 08 04 05
BU" ,ESS LIABILITY COVERAGE FORM
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(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, colTUption 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-reiated practices,
po6cies, 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, iJdgments, settlements,
loss, costs or expenses that:
(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-
Mails, Fax, Phone Calls Or Other
Methods Of Sending Material Or
Infonnation
'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 Protection
Act (TePA), 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 TePA 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 your 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.
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Fonn 55 00 08 04 05
Page 9 of 24
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BUSINESS LIABILITY COVERAt._ 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 benefrts 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-<:ompleted Operations Hazard
Included with the "products-completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Uability 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 YOu( 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 nmited 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 othe( 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 pertorming 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
pertorming 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 failing to provide professional
heaith care services.
If you are not in the business of
providing professional health care
services, Paragraph (d) does not appiy
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,
Paae 10 of 24
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(bl 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) Wth respect 10 liability arising out of the
maintenance or use ofthat 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 Fonned 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 eartier; and
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
\Mth 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
10 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 occupie.d 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 cany 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 Iiabitny 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.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Pennit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are add~ional
insureds when you have agreed, in a written
Fonn 5S 00 08 04 05
Page 11 of 24
BUSINESS LIABILITY COVERAC;/FORM
contract. written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy. provided the injury o( damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or pennit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. - Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendo". but only with respect to
"bodily injury" or 'property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendo~s
business and only if this Coverage Part
provides coverage for "bodily . injury" or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury" or 'property
damage" for which the vendor 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 that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for Ihe purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from lhe manufacturer,
and Ihen repackaged in the
original container;
(e) Any failure to make such
inspections, adjustments. tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of Ihe
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendo~s premises in
connection with the sale of the
product;
(Ii) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The' exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections. adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the'products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient. part' or container,
entering into. accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily .
injury", "property damage" or
"personal and advertising injury"
caused. in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
Paae 12 of 24
Fonn 55 00 08 04 nli
BU.. ..ESS UABILITY COVERAGE FORM
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(2) With respect to Ihe insurance' afforded
to these additional insureds, this
insurance does nol apply to any
'occurrence' which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises~ but
only with respect to liability arising out
of the ownership, maintenance or use
of thai part of the land or premises
leased 10 you.
(2) With respect 10 the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any 'occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, 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.
(a) In connection with your premises; .
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:
This insurance does not apply to
'bodily injury", "property damage" or
'personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(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.
e. Permits Issued By State Or Political
SubdiviSions
(1) Any state or political subdivision, bul
only with respect to operations
performed by you or on your behalf for
which the state or polttical subdivision
has issued a permit.
(2) With respect 10 the insurance afforded
to these additional insu(eds, this
insurance does not apply to:
(a) "Bodily injury", "property damage'
or "personal and advertising
injury" arising out of operations
performed for. the slate or
municipality; or
(b) "Bodily injJry" or "property damage"
included within the "products-
completed operations hazard".
f. Any Other Party
(1) Any other person or organization who
is nol an insured under Paragraphs a.
through e. above, 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:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or renled to you; or.
(c) In connection with "your work" and
included within the "products-
completed operations hazard", but
only if
Ii) The written contract or written
agreement requires you to
.provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily Injury" or
"property damage" included
within the' "products-
compleled operations hazard'.
(2) IMth respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
'Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any prOfessional
architectural, engineering or surveying
services, including:
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Form SS 00 08 04 05
Page 13 of 24
,
BUSINESS LIABILITY COVERAL_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,
arcMectural or engineering
activities. "
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.
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
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless ofthe number of:
a. Insureds; .
b. Claims made or "suits' brought; or
c. Persons or organizations making claims or
bringing 'suits".
2. Aggregate IJmits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage' included 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 o( 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
owne(, arising out of fire, lightning or
explosion. .
3. Each Occurrence IJmit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay forthe sum of all
damages because of all "bodily Injury",
"property damage" and medical expenses
arising out of anyone "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 in).lry" sustained by
anyone person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
5. Damage To Premises Rented To You IJmit
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 anyone 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 10 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 nol in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
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BU" ..2SS LIABILITY COVERAGE FORM
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, thiS
paragraph does not apply to the Medical Expenses
. limit set forth in Paragraph 3. above.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance Io( an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may resuit in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suif' and the date received;
and
(2) Notify us as soon as practicable.
You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1) Immediately send us copies of any
demands. notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request. in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
COSt, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other Insurance
If we cover a claim or "suif' under this
Coverage Part that may also be covered
by other insurance available. to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to
the extent that 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.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence"'l offense, claim or "suit"' is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or' an additional
insured is a corporation;
(5) Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdMsion or public entity.
Foun SS 00 08 04 05
Page 15 of 24
BUSINESS LIABILITY COVERAl.",'FORM
This Paragraph f. applies separately to
you and any additional insured. .
3. Financial Respo.nsibility Laws
a. VIhlen this policy is certified as proof of
financial responsibility for the future under
the provisions o.f any motDr vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
Iiabimy and "property damage" liability will
comply wilh the provisions of the law to
the extent of the coverage and limits nf
, insurance required by that law.
b. lMth respect to' "mobile equipment" to
which this insurance applies,' we will
provide any liability, uninsured motDrists,
underinsured mDtorists, no-fault or other
coverage required by any mntnr vehicle
law. We will provide the required limits for
those coverages.
4. Legal Actio.n Against Us
No. persan ar organization has a right under
this Caverage Farm:
a. To. join us as a party or atherwise bring us
into. a "suil" asking for damages from an
insured; Dr
b. To sue us on this Coverage FDrm unless
all Df its terms have been fully complied
with.
A person or organization may sue us to recover
Dn an agreed settlement or an a final judgment
against an insured; but we will not be liable tor
damages that are not payable under the terms Df
this insurance or that are in excess af the
applicable fimit of insurance. An agreed
settlement means a setUement and release of
fiability signed by us, the insured and the
claimant or the claimant's legal representative.
15.) fSe~ratio.nOf rnsureds)
Except with respect to. the limits Df Insurance,
and any rights Dr duties specifically assigned
in this policy to' the first Named Insured, this
insurance applies:
a. As it each Named Insured were the Dniy
Named Insured; and
b. Separately to. each insured against whom
a claim is made Dr "suit" is brought.
6. Representatio.ns
a. When Yau Accept This Paticy
By accepting this policy, ynu agree:
(1) The statements in the DeclaratiDns
are accurate and complete;
(2) Thnse statements are based upon
representations you made to. us; and
(3) We have issued this policy in (eliance
upon your representations.
b. Unintentional Failure To. Disclase
Hazards
If unintentionally you should fail 10. disclose
all hazards relating to the conduct af your
business at the inceptiDn date of this
Coverage Part, we shall not deny any
cDverage under this, Coverage Part
beca use Df 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:
~~ IPrimaJYJnsur~
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that ather
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
ather insurance, whether primary, excess,
contingent ar nn any other basis:
(1) YourWark
That is Fire. Extended Coverage,
Builder's Risk, Installatinn Risk nr
similar coverage tor "your wOrk";
(2) Premises Rented To. Yau
That is fire, lightning or explosinn
insurance far premises rented to' ynu
ar temporarily o.ccupied by ynu with
permissinn nf the nwner;
(3) Tenant Uabllity
That is insurance purchased by you to
cover yaur liabilily as a tenant for
"property damage" to premises rented
to you or temporarily Dccupied by yau
wilh permissian af the Dwner;
(4) Aircraft, Auto Or Watercraft
If the loss arises nut of the maintenance
nr use nf aircraft, "autos' or watercraft to
the extent not subject to' Exclusion g. af
Sectinn A. - Coverages.
(5) Praperty Damage To. Barrawed
Equipment Or Use Of Elevators
If the loss arises DUt Df "property
damage" to borrowed equipment nr
the use of elevators to. the extent nat
subject to. Exclusion k. nf Sectinn A. -
Cnverages.
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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:
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(COritiibilffiilti Ifriinl) (ttiat) rotlier
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
lM1en this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any .suir 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.
lM1en 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
Umits. 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 limn of
insurance or none of the loss remains,
whichever comes first.
It any of the other insurance does not pennlt
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of an insurers.
8. Tl'8nsfer 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 loss to impair them. At our
request, the insured will bring .sult" 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 pennlt that was executed
prior to the injury or damage.
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Form SS 00 08 04 05
Page 17 of 24
BUSINESS UABILITY COVERAL.. FORM
1[.- QP1j9N~L~ ~I?P!f1QN~~ ~NS@.ED;
COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph 6. (Additional Insureds When Required
by Written Contract, Written Agreement or Pennit)
of Section C., Who Is An Insured, does not apply
to the person. or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:
1. ~dcljt.ij)i1allnslJre..!l_:.:Design'aied Person Or)
@!.rganlZ8iion) .
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, 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 aelS or omissions of those acting on your
behalf:
a. In the perfonnance of your ongoing
operations; or
b. In connection with your premises owned
by or rented to you.
2. 1~J@i:@.ij!!I~Ii'iiuWd~~riftlinag~rs[Oi"JLessOrs)
(OfI~~i~
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 -
Designated Person Or Organization: but only
with respect to liability arising out of the
ownelShip, maintenance or use of that pert of
the premises leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in that
premises; or
(2) Structural alterations, new
construction or demolition operations
perfonned by or on behalf of such
person or organization.
Page 18 of 24
3. ~dc@~nafiflsiii!l!l--~~11!6J"9:tFran~ise;
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 -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.
4. !Additlgj'1@1; Iffi$UredT~l;'$l)t (Qf) (lfeased1
IEg~i~ineni)
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 - Lessor of Leased Equipment,
but only with respect to Iiabitny for "bodily
injury", "property damage" or "personat
and advertising injury" caused. in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s). .
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after you cease to lease that
equipment.
5. (@ii.i!i.!!.nal: liiiS'uljjti -,'Ov.',nei"s... . t1@r.
~ii\!~stSj l~oni1 MIliOful li2nd! l!:las _ ..~
Il;;ijasedl . .
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 - Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to Iiabilily arising out of the
ownership, maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b. With respect to the insurance afforded to
these additional insureds, the following
addilional exclusions apply:
This insurance does not apply to:
(1) Any "occurrence" that takes place
after you cease to lease that land: or
(2) Structural ailerations, new
construction or damolition operations
perfonned by or on behalf of such
person or organization.
6. lAilllitioria!: Ilnsuredl - State ~!tical\
Suti'ifiVlsipn -P.er:mitS
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Addilional
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Bl.L.,ESS UABILITY COVERAGE FORM
Insured - State Or Polttical Subdivision -
Permits, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b. IMth respect to the insurance afforded to
these additional insureds, the follOwing
addttiOnal exclusions apply:
This insuranct does not apply to:
(1) "Bodily injuty", "property damage" or
"personal and advertising injury"
arising out of operations performed for
the state or municipality; or
(2) "Bodily injury" or "property damage"
included in the "product-completed
operations" hazard.
(Addiiionallnsured - vendiil!)
a. IM-lO IS AN INSURED under Section C. is
amended to include as an addttional
insured the person(s) or organization{s)
(referred to below as vendor) shown in the
Declarations as an Addttional Insured -
Vendor, but only with respect to "bodily
injury" or "property damage" arising out of
"your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard*.
b. The insurance afforded to the vendor is
subject to the following additional exclusions:
(1) This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor 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 that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, unless unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under
instructions fi'om the manufacturer,
and then repackaged in the original
container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has agreed
to make' or normally undertakes to
make in the usual course of
business, in connection with the
distribution or sale of the products;
(f) Demonstration, install alion,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
prod uct;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections,
adjustmems, tests or servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual course of
business, in connection with
the distribution or sale of the
products.
(2) This insurance does not apply to any
insured person or organization from
whom you' have acquired such
products, or any ingredient, part or
container, entering into,
accompanying or containing such
products .
8. lAdditionallnsured,... COiitiOiiin9'lnterest)
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 -
Controlling Interest, but only with respect to
their liability arising out of:
8. Their financial control of you; or
b. Premises they own, maintain or control
while you lease or occupy these premises.
Fonn 55 00 08 04 05
Page 19 of 24
BUSINESS LIABILITY COVERAlo.: FORM
This insurance does not apply to structural
atterafions, new construction and demomion
operations performed by or for that person or
organization.
9. !AdditillRal Insured - Owners, Lessees Or;
~llR.trlI~9~ ~\Scheduleil' lPerson)-(Qr)
@:g!litzatiori)
a. IM-tO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the .Dectarations as an Additional
Insured - Owner, Lessees Or Contractors,
but only with respect to liamltty 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 wtthin the "products-
completed operations hazard", but
only if this Coverage Part provides
coverage for "bodily injury" or
"property damage" included within the
"products-completed . operafions
hazard" .
b. Wth respect to the insurance affoi'ded 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
IIIIHO 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.
D.:an.a. .,n n' ?A
The. Iimtts of insurance that apply to additional
insureds are described in Section D. - Limits Of
Insurance.
How this insurance applies when other insurance
is aliailable to an additional insured is described in
the Other Insurance Condition in Section E. -
Liability And Medical Expenses General
Condttions.
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.
Ilroducts or services through:
8. (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 networi<.
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-trailer designed for travel on public
roads, inclUding any attached machinery or
equipment. But "auto" does not include
"mobile equipmenr.
. 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 tenitory" means:
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a. The United States of Amelica (including its
territolies and possessions), Puerto Rico
and Canada;
b. Intemational waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a. above;
c. All other parts of the wortd if the injury or
damage arises out of:
(1) Goods or products made or sold by you
in the tenitory described in a. above;
(2) The activities of a person whose home
is in the tenitory described in a.
above, but is away for a short time on
your business; or
(3) "Personal and advertising injury"
offenses that take place through the
Intemet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (inCluding its territolies and
possessions), Puerto Rico or Canada, in a
'suit" on the melits according to the
substantive law in such territory, or in a
settlement we agree to.
7. 'Electronic data' means information, facts or
programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from
computer software, including systems and
applications software, hard or floppy disks,
CD-ROMS, tapes, dlives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
8. "Employee" includes a "leased worker".
"Employee" does not include a 'temporary
worker". .
9. "Executive officer" means a person holding
any of the officer positions created by your
charter, constitution, by-laws or any other
similar governing document.
10. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
11. "Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. it incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a. The repair, replacement, ad"stment or
removal of "your product" or 'your work':
or
b. Your fulfilling the terms of the contract or
agreement
12. "Insured contract" means:
a. A contract for a lease of premises.
However, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage by fire,
lightning or explosion to premises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D. - Liability and Medical Expenses Limits
of Insurance.
b. A sidetrack agreement;
c. Any easement . or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d. Any obligation. as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement; or
f. That part of any other contract or
agreement pertaining to your business
(including an indemnification of a
municipality in connection with work
performed for a municipality) under which
you assume the tort liability of another
party to pay for 'bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf.
Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement
Paragraph f. includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury" or 'property
damage" arising out of construction or
demolition operations within 50 teet of any
railroad property and affecting any railroad
b1idge or trestle, tracks, road-beds, tunnel,
underpass or crossing.
However, Paragraph f. does not include
that part of any contract or agreement:
Fonn 55 00 08 04 05
Page 21 of 24
BUSINESS LIABILITY COVERA(,..:"FORM
(1) That indemnifies an architect,
engineer or surveyor for injury or
damage arising out of:
(a) Preparing, approving or failing 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 tc the conduct of
your business. "leased worker" does not
include ,a "temporary worker".
14. "loading or unloading" means the handling of
properly:
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 '
"autoA: 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 airoraft, wateroraft 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:
(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:
(11 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
(e) 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 same general harmful conditions.
17. "Personal and advertising injury" means injury,
including consequential "bodily injury", arising
out of one or more of the following offenses:
8. False arrest, detention or imprisonment;
b. Malicious prosecution;
Pane 22 of 24
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BU~...ESS LIABILITY COVERAGE FORM
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,
comm~ted by or on behalf of ~s 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
organizaiion'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 resuits in
injury to the feelings or reputation of a
natural person
This Paragraph h. does not apply in the
States of Nebraska and Kansas.
18. "Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. INaste 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
eartiest of the following times:
(a) Wlen all of the work called for in
your contract has been completed.
(b) Vvllen all of the work to be done at
the job s~e has been completed if
your contract calls for work at
more than one job site.
(e) Wlen 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.
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
cond~ion in or on a vehicle not owned
or operated by you, and that cond~ion
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 resuiting 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 ~; 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 ~.
As used in this definition, "electronic data" is
not tangible property.
21. "SuW' 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.
"Su~" includes:
a. An arb~ration proceeding in which such
damages are claimed and to which the
insured must submll or does submit with
our consent; or
b. Any other aitemative 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
fumished 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";
Fonn S5 00 08 04 05
Page 23 of 24
BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work;
c. Acts at the direction of and w~hin the
scope of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for
their work performed for you.
24. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured. sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name;
or
(c) A person or' organization whose
business or assets you have
acquired; and
(2) Containers (other than
materials, parts or
furnished in connection
goods or products.
b. Includes:
(1) Warranties or representations made at
any time with respect to the f~ness,
quality, durability, performance or use
of "your product"; and
vehicles),
equipment
w~h such
(2) The providing of or failure to provide
wamings or instructions.
c. Does not include vending machines or
other property rented to or located for the
use of others but not sold.
25. "Your work":
a. Means:
(1) Work or operations performed by you
or on your behalf; and
(2) Materials. parts or equipment
fumished in connection with such work
or operations.
b. Includes:
(1) Warranties or representations made at
any time with respect to the frtness,
quality, durability, performance or use
of "your work"; and
(2) The providing of or failure to provide
warnings or instructions.
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North Main Road Diet Engineering Services
SCOPE OF WORK
Phase 1 - Road Diet Preliminary Engineering and Analysis (approximately
$5,000)
Prepare the initial traffic operations and detailed functional design plans for the project and coordinate
with City Staff and ODOT.
Task A - Kick-Off Conference Call with City Staff and ODOT
. Participate in and facilitate a one hour conference call on February 4, 2011 with City staff
and ODOT representatives regarding a proposed road diet demonstration project on
North Main Street (from Helman Street to north of Jackson Road beyond the railroad
overcrossing) in Ashland, OR.
Task B - Traffic Operations Analysis for Road Diet Scenario
. Conduct traffic operations and queuing analysis for the Transportation System Plan
Update study intersections along North Main Street
. Provide analysis results and documentation to ODOT and City staff for their review.
Task C - Draft Striping Plan for North Main Street
. Prepare a draft striping plan to convert North Main Street (from Helman Street to north
of Jackson Road beyond the railroad overcrossing) to a three-lane cross-section with
bicycle lanes. The draft striping plan will be prepared in AutoCAD and overlaid on an
aerial photograph. It will be provided to City staff and ODOT on 11" x 17" sheets at 1" =
50' scale.
Task D - Follow-up Meeting with City Staff and ODOT
. Participate in a follow-up meeting on February 24, 2011 with City staff and ODOT
representatives to discuss the traffic operations analysis and draft striping plan. This
task consists of participating in and facilitating a meeting not to exceed two hours.
Task E - Activities to Respond to Additional ODOT Concerns
. Work with City staff to address concerns brought forth by ODOT representatives in the
February 24th meeting.
Phase 2 - Transportation Commission Meeting and Project Support
(approximately $3,000)
Participate via conference call the discussion with Transportation Commissioners regarding proposed
Road Diet Demonstration project on North Main Street.
Transportation Commission Meeting
o Prepare and provide frequently asked questions regarding road diet fact sheet for the
Transportation Commission.
'~ .....
o Prepare and provide a letter in response to ODOT District 8' s concerns expressed in
their March 30" letter.
o Participate via conference call in the discussion with Transportation Commissioners at
the Thursday, March 31, 2011 Ashland Transportation Commission meeting.
o Prepare and provide a letter in response to questions posed by community members
during the Transportation Commission Meeting on March 31, 2011.
o Develop a methodology to evaluation the temporary road diet; this will be a framework
to help City staff determine if the temporary road diet was successful.
Phase 3 - Traffic Operations Analysis for TPAU (approximately $7,000)
Update traffic operations analysis for North Main. Street from Helman Street to the Southern Pacific
Railroad overcrossing as requested by ODOT's Transportation Planning Analysis Unit (TP AU). KAI
will update existing and future (year 2034) conditions traffic analyses to address comments received from
TPAU.
Traffic operations analysis update will be conducted in accordance with TP AU's comments and guidance
in TPAU's Analysis Procedures Manual (APM).
Traffic Operations Analvsis Update
o Conduct saturation flow rate study for two intersection approaches on North Main
Street.
o Conduct a speed study on North Main Street via a two-hour floating car travel time runs
and speed-class tube counts.
o Add the Laurel Street/North Main Street intersection to the Synchro and SimTraffic
model using traffic count information provided by ODOT.
o Calibrate the existing conditions SimTraffic model using results from the saturation flow
rate study and speed study.
o Update results from the existing and future (year 2034) conditions model based on
calibrated model output. .
o Document results of updated traffic analysis in an updated Road Diet Technical
Memorandum with an attachment consisting of Synchro and SimTraffic output for
existing and future (year 2034) conditions.
Phase 4 - Supplemental Local Street Traffic Operations Analysis ($2,000)
As requested by City of Ashland staff, investigate and estimate the impacts the minor street turn
restrictions included in the temporary road diet would have on adjacent minor street intersections on
North Main Street.
Supplemental Local Street Traffic Operations Analysis
o Assess potential impact of road diet on adjacent side streets; impact due to vehicles
using alternative routes because of turn restrictions implemented as part of road diet.
o Impacts to be considered are estimated change in traffic volumes and corresponding
change in delay at minor street intersections with North Main Street.
>
, . .
'. .
Phase S - Traffic Design Services (approximately $8,000)
Develop the signing and striping plans on aerial photography that is currently being used as part of the
City of Ashland Transportation System Plan (TSP). KAI will review the aerial to ensure that the critical
information needed for our work is available.
Plans will be developed in accordance with ODOT's (Oregon Department of Transportation) latest
standards and specifications. Two agenC1;-review periods are assumed: one at the advance design stage
(90%) and the last review at final plans.
Construction related oversight and inspections is not part of this scope of work or contract; such services
will not be provided.
Signing & Striping Plans
Based on ODOT plan standards, separate signing and striping plans will be prepared.
o Receive a copy from ODOT and/or City of Ashland of any available existing
signing and striping as-built drawings or data.
o Conduct a site visit to inventory the existing conditions.
o Confirm functional layout of conceptual striping layout and adjust as needed
based on ODOT design guidelines.
o Signing Plans
o Develop up to five (5) signing plan sheets at a 1" = 50' scale along North Main
Street.
o Develop up to two (2) associated detail sheets
o Sign Details Sheet
o Sign and Post Data Table Sheet
o Pavement Marking Plans
o Develop Striping Legend Sheet
o Develop up to five (5) striping plan sheets at a 1" = 50' scale along
North Main Street.
. Develop technical specifications for final bid documents.
. Develop a detailed construction cost estimate
Phase 6 - Transportation Commission Meeting (approximately $2,300)
Attend a Transportation Commission Meeting regarding proposed Road Diet Denionstration' project to
discuss the supplemental analysis findings.
Transportation Commission Meeting
o Prepare a brief presentation on the supplemental road diet traffic analysis.
o Attend the June 14th, 2011 Transportation Commission meeting to present these findings.
Phase 7 Project Support and City Council Hearing Preparation
(approximately $2,700)
Provide project support following the June 14th, 2011 Transportation Commission meeting and to prepare
for the City Council Public Hearing.
.
,...-"
~
OP 10: NA
ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE IMMIDDIYYYY)
~ 05/09/11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 503-892,0550 CONTACT
NAME:
KPD Insurance, Inc. 503-892-0700 ~~9.N:" FYll' Ir~NO':
10300 SW Greenbur9 Rd Ste 200
Portland, OR 97223 E-MAIL
ADDRESS:
Scott C. Price, ARM PRODUCE~ In It. KITT02W
INSURERlS}AFFOROING COVERAGE NAlC.
INSURED Kittelson & Associates, Inc. INSURER A Wausau Underwriters Ins Co
610 SW Alder St Ste 700 INSURER B ,Libertv Muluallnsurance Co.
Portland, OR 97205 INSURER C :
INSURER 0 :AM Best rated "A"
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER;
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOlW1THSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUB I n~OllCY EFF POLICY EXP
LTR POLICY NUMBER MMIDDIYYYY MMIDDfYYYY LIMITS
GENERAL liABILITY EACH OCCURRENCE ,
-
COMMERCIAL GENERAL LIABILITY I PREMISES 'i'E~~~~~~nce ,
I CLAIMS-MADE 0 OCCUR MED EX? (Anyone person) ,
PERSONAL & AOV INJURY ,
GENERAL AGGREGATE ,
~~ AGG~nE LIMIT APF:~~t(PER: PRODUCTS - COMP/OP AGG ,
POLlCY ~g LOC ,
AUTOMOBILE LIABILlTY COMBINED SINGLE LIMIT ,
- (Eaaccident)
- ANY AUTO BODll Y INJURY (Per person) ,
- ALLOWNEDAUTOS ,
BODILY INJURY (Per accident)
- SCHEDULED AUTOS PROPERTY DAMAGE
,
- HIRED AUTOS (Per accident}
NON-QWNED AUTOS ,
-
,
UMBRELLA LIAS H OCCUR EACH OCCURRENCE ,
-
EXCESS LIAS CLAIMS-MADE AGGREGATE ,
- DEDUCTIBLE ,
RETENTION , ,
WORKERS COMPENSATION X I T';!,~;i~J,~< I X 10J~'
AND EMPLOYERS' L1ABIUTY VIN ~CJZ91451136011
A ANY PROPRIETOR/PARTNERlEXECUTIVE 0 01101/11 01/01/12 E.L. EACH ACCIDENT , 1,000,000
OFFICERJMEMBER EXCLUDED? NI.
(MandatOfyln NH) E.L. DISEASE - EA EMPLOYE , 1,000,000
~~t~iPTI~N O~OPERATIONS below E.L. DISEASE - POLICY LIMIT , 1,000,000
.
DESCRIPTION OF OPERATIONS flOCATlONS / VEHICLES (Attach ACORD 101, Additional Ram.lrkl Schedule, If more Ipace II required)
RE: Project #11-24 North Main Road DiBt
CERTIFICATE HOLDER
CANCELLATION
CIT ASHO
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
PW Engineering ACCORDANCE WITH THE POLICY PROVISIONS.
20 East Main
Ashland, OR 97520 AUTHORIZED REPRESENTATIVE
Ai-uJJJ~
ACORD 25 (2009/09)
@1988,2009 ACORD CORPORATION. All rights rosBrved.
The ACORD name and logo are registered marks of ACORD
..>
r~'
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488,5300
CITY RECORDER
1-' ~/~~;~~1
Page 1/1
-I
C' "RO NUMBER. .."
10239
VENDOR: 013773
KITTELSON & ASSOCIATES INC
610 SW ALDER STREET SUITE 700
PORTLAND, OR 97205
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Terms: Net 30 days
Req. Del. Date:
Speciallnst:
Roq. No.:
Dopt.:
Contact: Mike Faught
Confirming? No
tiJrQua~iifu:t:., ~:''ri.Tni{t; ',i~y.!:."'<."f "':': T,"." 'i';";:',:,\;:":'::"'~,' b'escij5iiCili:";'.~.,;..' .:' :,";." ::i"'. ;;':1~f ;.;~ tlJnW'p.rjce,'-,':~ I;" ","." ExE1=?flc'e.:'""
,~::
:'>!.,:,I>'- ..,
N. Main Road Diet Engineering Services 30,000.00
Contract for Personal Services
Beginning date: February 4, 2011
Completion date: December 31,2012
Insurance required/On file
SUBTOTAL 30 000.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 30,000.00
ASHLAND, OR 97520
~ :;:/AcccmnrNumBer;_~;,~l;~ tiU~K'P.roje'c(NumtierAi.;~:~:s; (;{'f;ii!itfi,Wn"o'un't~~ ~~jiiTAcc'oiintfNiJfrib8r_[l;i'~ i:~!E}rjfr_oJecrNum6e;h{;nf,}~~ J~f;~;~,j3jf~r11ol:Jnil~;tr:U~
E 71 0.08.1 1 .00.60410 E 201 124.1 00 30 000.00
.4271 .:7..---? ~z ~//
Auth6tized SI natufe VENDOR COPY
9
CITY OF
ASHLAND
REQillSITION
No. PW ,FY2011
Department PW ENGINEERING
Vendor Kittelson & Associates, Inc.
610 SW Alder Street, Suite 700
Portland, OR 97205
Account No. 710.08.11.00.604100
Date June 16,2011
Requested Delivery Date
Deliver To Mike Faught
Via
(' Note: Please allow approximately two(2) weeks for delivet)' on ite,ms not
generally caned in stored, and approximately two (2) months on printing jobs.)
Item No, Quantity Unit Description Use of Purchasing Office Only
Unit Price TotaIPrice PO No.
N. Main Road Diet engineering services $ 30,000.00
Findings: City does not employ a traffic engineer
BID IRFP I EXEMPT:
Contract Start Date: 4-Feb,11
Contract Completion Date:
Insurance on file: IYES INO
Proiect No: 11,24 North Main Rnad Diet
Job No.
Unit No.
I hereby certify that tbe above items are necessary for the operation
oflhis department and are budgeted
~~.Q ~-t--
Department Head or Authorized Person
Issued By
Date
Received By
~~,
~
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G:lpub-wrksleng\11-24 N Main Road DietlA_AdminI11-24 N Main Road Diet Requisition.xls