HomeMy WebLinkAboutDonohue& Associates CITY OF OSHKOSH
DEPARTMENT OF PUBLIC WORKS
215 CHURCI I AVENUE,P.O.BOX 1130,OSHKOSH,W1 54903-1.1.30
PHONE: (920)236-5065 FAX(920)236-5068
LETTER OF TRANSMITTAL
To: Cram Schuenemarm ---------------------- Date:'-- December 3, 2018
Donohue & Associates, Inc. ubct: Exe_cuted:6Breement for 2019 CIP
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3311 Weeden Creek Road Structural En neerin Desi Yn and
Sheboygan, WI 53081 Construction-Related Services
......................................
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Please find: Attached ❑ Under Separate Cover
R Copy of Letter E Contracts E] Amendment F-1 Report ❑ Agenda
El Meeting Notes R Photos F] Mylars E:1 Change Order ❑ Plans
❑ Specifications R Estimates F] Diskette ❑ Zip Disk ❑ Other
Quantity Description___,.................. ..............
1 Executed A rrcemen:t
..--..--
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These are being transmitted as indicated below:
n For Approval For Your Use ❑ As Requested E] For Review&Comment
Remarks:
Enclosed is the executed agreement for the 2019 CIP structural engineering design and consh,uction-
related services. Please reference Contract 2019-3 and the individual Project Authorization numbers
on all of your invoices.
If you have any questions, please contact us.
City Clerk's Office-Original
cc: —File-Original Signed.:
1'racyo aylo r9
hbigirwLring\2019 CONTRACTS\Donolme 2019 Stnict Eng&CRS\Donohue Wr-Lxecuted Agreement-2019 C111 Struct Eng&CRS_12-3-18.docx
AGREEMENT
This AGREEMENT, ittacle on the L:�)O Jay of 2018, by and
between the CITY OF (-)SIIKOSI.--I, party of the first part, hereinafter referred to as CITY,
and D0NC)IILJF & ASSOCIATES, INC., 3311. Weeden Creek Road, Sheboygan, WI 53081,
party Of the second part, liereinafter referred to as the CONSULTANT,
Wl`FNf,'SSE,1'f'I 1:
The CITY and the CONSU,TANT, for the consideration hereinafter named, enter
into the following AGREEMENT for STRUCTURAL FNGINEERING DESIGN AND
CONSTRUCTION-RELATED SERVICES FOR 2019 CAPITAL I'M PR0VEMI.11NTPR0JI.1',(ITS,
AfDTICLL,'J._pRQ�FCT M�ANA�GER
A. Assignment of Project Manager. The CONSULTAN't' shall assign the following
individual to manage the PROJECT" described in this AGRFIFIMFNT:
Craig Schuenernann, PJ,. —Structural Engineer
13, Changes in Project Manager, The CITY shall have the right to approve or
disapprove of any proposed change frorn the individual named above as Project Manager,
The CITY shall be provided with a resume or other information for any proposed substitute
and shall be given the opportunity to interview that person prior to any proposed change.
ARTICLE 11. CITY REPRFSFINTATIVE
J'fie CH I Y shall assign the following individual to manage the PROJECT described in
this AGREEMENT:
Justin Gierach, P.E, — Civil FilgillOCring Supervisor
ARTICLE, 111. SCC)I`E OF WORK
The CONSULXANT shall provide the general services described below:
• Preparation of design drawings, review of standard specifications, and
preparation of special conditions related to structural engineering components of
projects,
• Assistance dUring construction. phase Of the PrOjOCLS, including review of
contractor submittals, and field visits, if necessary.
']'his Agreement is a Gei-toral Services Master Agreement. Services needed will be
detailed further within individual task order ProJect Authorization.s. A sample Project
Authorizatioii form is attached to this Agreement.
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The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect CONSULTANT's cost of or tirne required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT. -
All reports, drawings, specifications, computer files, field data, notes, and other
documents and instruments prepared by the CONSULTANT as instruments of service shall
remain the property of the CITY.
ARTio-E IV. STANDARD OF CAR17
The standard of care applicable to CONSUL' ANT's services will be the degree of
skill and diligence normally employed by professional consultants or consultants
performing the same or similar services at the time said services are performed.
CONSULTANT will re-perform any services not meeting this standard without additional
compensation.
ARTICLE V. OPINIONS OF COST, FJNANCIAL CONSIDERATIONS, AND SCl-IEDULES
In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor
and materials; unknown or latent conditions of existing equipment or structures that may
affect operation or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by operating personnel or third parties; and
other economic and operational factors that may materially affect, the ultimate project cost
or schedule. Therefore, it is understood between the parties the CONSULTANT makes no
warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules
will not vary from CONSULTANT's opinions, analyses, projections, or estimates.
ARTICLE VI. RECORD DRAWINGS
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others. CONSULTANT is not responsible for any errors or
omissions in the information from others the CONSULTANT reasonably relied upon and
are incorporated into the record drawings,
ARTICLE VII, CITY RESPONSIBILITIES
The CITY shall furnish, at the CONSULTANT's request, such information as is
needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is
reasonably obtainable from City records.
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To prevent any unreasonable delay in the CONSULTANT's work, the CITY will
examine all reports and other documents and will make any authorizations necessary to
proceed with work within a reasonable time period.
ARTICLE Vill. TIME OF COMPI-ETION
The work to be performed Linder this AGREEMENT shall be commenced and the
work completed within the time limits as agreed upon in each Project Atithorization.
The CONSULTANT shall perform the services Linder this AGREEMENT with
reasonable diligence and expediency consistent With Sound professional practices. The
CITY agrees the CONSUI...TAN'T' is not responsible for damages arising directly or
indirectly from any delays for causes beyond the CONSULTANT's control. For the
purposes of this AGREEMENT, such Causes include, but are not limited to, strikes or other
labor disputes, severe Weather disruptions or other natural disasters, failure of performance
by the CITY, or discovery of any hazardous substances or differing site conditions. If the
delays resulting frown any such causes increase the time required by the CONSULTANT to
perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled
to an equitable adjustment in schedule.
AR'I"ICl-F. IX. COMPONENT PARTS OF THE AGREEMENT
This AGREEMENT consists of the following component parts, all of which are as
fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto
attached:
1. This Instrument
2. Individual Project Aittliorization Form
In the event any provision in any of the above component parts of this
AGREEMENT conflicts with any provision in any other of the component parts, the
provision in the component part first enumerated above shall govern over any other
component part which follows it numerically except as may be otherwise specifically
stated.
ARTICLE X, PAYMENT
A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the
performance of the AGREEMENT as set forth below, adjusted by any changes hereafter
mutually agreed upon in writing by the parties hereto:
® Time and Materials Not to Exceed $60,000 (Sixty Thousand Dollars).
0 Attached fee schedule(s) sh'all be firm for the duration of this AGREEMENT,
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B, Method of Payment, The CONSULTANT shall submit iternized rnonthly
statements for services. All Project Iluthorization forms shall have a unique task code
assigned. All invoices shall clearly identify invoice amount per task code. The CITY shall
pay the CONSULTANT within thirty (30) calendar days after receipt of such statement. If
any statement amount is disputed, the CITY may withhold payment of such amount and
shall provide to CONSUL'FAN'Fa statement as to the reason(s) for withholding payment,
C. Additional Costs. Costs for additional services shall be negotiated and set
forth in a written amendment to this AGRFEMI?NT executed by both parties prior to
proceeding with the work covered tinder the subject amendment.
D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell
phone charges, telephone charges, and equipment rental shall be considered overhead and
shall not be invoiced separately to the PROJECT.
E. Expenses. Expenses may be billed with tip to a maximum of 10% mark-up,
All invoices with expenses shall include supporting documentation of the expense. Failure
to include the supporting documentation will result in the reduction of payments by the
amount of those expense(s) not including documentation.
ARTICLE XI, 1-101-1.) HARMLESS
The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh
harmless against all actions, claims, and demands which may be to the proportionate extent
caused by or result from the intentional or negligent acts of the CONSULTANT, his/her
agents or assigns, his/her employees, Or his/her subcontractors related however remotely to
the performance of this AGREEMENT or be caused or result from any violation of any law
or administrative regulation, and shall indemnify or refund to the CITY all sums including
court costs, attorney fees, and. Punitive damages which the CITY may be obliged or
adjudged to pay on any such claims or demands within thirty (30) days of the date of the
CITY's written demand for indemnification or refund for those actions, claim, and demands
caused by or resulting from intentional or negligent acts as specified in this paragraph.
Subject to any limitations contained in Sec. 893.80 and any similar statute of the
Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and
all liability, including claims, demands, losses, costs, damages, and expenses of every kind
and
I description (including death), or damages to person or property arising out of re-use of
the documents without consent where such liability is founded upon or grows out of the
acts or omission of any of the officers, employees or agents of the City of Oshkosh while
acting within the scope of their employment,
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ARTICLE XII, INSURANCE
The CONSULTANT agrees to abide by the attached City of Oslikosli hisur(mce
Requireirietits.
ARTICLE XIII. TERMINATION
A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper
manner any of the obligations under this AGREEMENT, the CITY shall have the right to
terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the
CONSULTANT shall be entitled to compensation for any satisfactory, usable work
completed.
B. For Convenience. "I I he CITY may terminate this AGREEMENT at any time by
giving written notice to the CONSULTANT no later than ten (10) calendar days before the
termination date. If the CITY terminates under this paragraph, then the CONSULTANT
shall be entitled to compensation for any satisfactory work performed to the date of
termination.
This document and any specified attachments contain all terms and conditions of the
AGREEMENT' and any alteration thereto shall be invalid unless made in -writing, signed by
both parties and incorporated as an amendment to this AGREEMENT.
ARTICLE XIV. RE-USE OF PROJECT' DOCUMENTS
All reports, drawings, specifications, docurnents, and other deliverables of
CONSULTANT, whether in hard copy or in electronic form, are instruments of service for
this PROJECT, whether the PROJECT is completed or not. The CITY agrees to indemnify
CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated
corporations from all claims, damages, losses, and costs, including, but not limited to,
litigation expenses and attorney's fees arising out of or related to the unauthorized re-use,
change, or alteration of these project documents.
'ARTICLE XV, SUSPENSION, DELAY, OR INTERRUPTION 01, WORK
The CITY may suspend, delay, or interrupt the services of CONSULTANT for the
convenience of the CITY. In such event, CONSULTANT's contract price and schedule shall
be equitably adjusted.
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AID TIC1,,EXV1. NO'l"flllZL)-I:'Aiz,ryfiENI�ll,'ICIAI�lf:.�'S
This AGRE'EMENT gives no rig-lits or benefits to anyone other than the Cl.'l.'Y and
CONSULTANT and has n(:) third-party berieficiaries.
In the Presence of: CONSULTANT
-,a. By:
...... ......
r
(Seal of Consultant Senior Vice Presidehl�............
if a Corporation) (Specify 'l'itle)
By: lv"*��.J........................................... ............... -—-------
ftlid%el 13.5-fow
Vice President
(Specify'l'itle)
CITY OF OSHKOSH
By:
..............— .. ............ .............. .....................--....... ...........—.....................
(Witiies., Ma�k A. Rohloff, City
And:
(Witile,W, I'an-ie1a R. Ubrig, City Clerk
APPROVID: I hereby certify that the necessary provisions
�)-(Witness 1-1 e 4S— - --------
(w
have been i-nade to pay the liability which
WillaCCUie under this AGREEMENT.
L Ly ttor,
y ttorney
City Comptroller
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PROJECT AUTHORIZATION NO.
Owner: City of Oshkosh Department of Public Works
Authorized Office: 215 Church Avenue, PO Box 1130, Oshkosh, WI 54903-1130
Owner-Authorized Representative: Justin Gierach, P.E, Civil Engineering Supervisor
Project: Structural Engineering Design and Construction-Related Services for 2019 Capital
Improvement Projects
City of Oshkosh Contract Number: 2019-3
The authorizing Office requires performance of the following described services:
Form of Compensation:
Time and Materials Not to Exceed: $
Additional Terms and Conditions: None
Authorized services shall be performed in accordance with the terms and provisions of the
agreement between Donohue & Associates, Inc. and the City of Oshkosh, dated November 28,
2018. This Project Authorization shall be effective only upon date of signature of an authorized
representative of the City of Oshkosh,
DONOHUE &ASSOCIATES, INC. CITY OF OSHKOSH
Signature: Signature:
Name: Name: _Justin Gierach, P.E.
Title: Title: Civil Engineering Supervisor
Date: Date:
L\Frigincering\2019 CONTRA CTS\Donohue 2019 Stnict Eng&CMD011oh"c,Blank Project Page 1 of 1
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1J
Donohue & Associates, Inc. � q °
2019 Billing Rates �"' Oil
'll �
011
Ew
Engineer/Specialist IX $240
Engineer/Specialist VIII $230
Engineer/Specialist VII $210
Engineer/Specialist VI $190
Engineer/Specialist V $175
Engineer/Specialist IV $160
Engineer/Specialist III $145
Engineer/Specialist II $130
Engineer/Specialist 1 $115
Technician 11 $90
Technician 1 $80
Administrative Assistance III $80
Administrative Assistance II $70
Administrative Assistance 1 $60
Notes:
Labor charge-out rates are for normal work week,
Billing rates ore in effect far 2019 and may be adjusted annually
to reflect labor cost increases.
Mileage is billed at the current IRS stipulated rate,
Printing and reproductions are billed at cost,
Released:October 30,2018
DONO&AS-01 VSANTOSUOSSO
ACC►RO" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
16 � 1 11/05/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER —_...u__. CON METACT
__. .._:NA
Ames&Gough - PHONE FAX _
859 Willard Street J{1 CbI VCI (A/C No Extt_(617")328-6565 _ I ip,�c,No>:(617)328-6888
Suite 320 - E-MA(E .boston@amesgough.com
Quincy,MA 02169
NO�`I `r y 9 INSURER(S)AFFORDING,COVERAGE NAIC#
V y^---_`Ir. INSURER A:Sentinel lnsurance_Company.,_LTD..(XV)A+._,,_lip 00____
INSURED INSURER B:Hartford Accident and Indemnity Company(XV)A+ 22357
DrPTOF PUBLIC WORKS . . __._._..
Donohue&Associates, Inc. OSHKOSI.I WISCONSiN INSURER C:BerkleyDesign Professional._Underwriters 32603
3311 Weeden Creek Road INSURER 01.
Sheboygan,WI 53081 ........ _
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 SUBR POLICY NUMBER POLICY EFF POLICY EXP W LIMITS
LTR IN D wVD MM/DD/YYYY MM/DD/YYYY
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
CLAIMS-MADE X OCCUR OBSBWIM9888 01/01/2018 01/01/2019 DAMAGE TO RENTED 1,000,000
_.-.. X PREMISES(l a accurrence)
MED EXP_(6 one_parson), $ 10,000
PERSONAL&ADV INJURY $ 2r000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000
POLICY X JE O X LOC PRODUCTS-COMP/OP AGG $ 4,000,000
OTHER: $
B AUTOMOBILE LIABILITY COMBINED ident)SINGLE LIMIT $ 1,000,000
E.X ANY AUTO X 08UEGAX4986 01/01/2018 01/01/2019 BODILY INJURY Per erson $
OWNED SCHEDULED
_ AUTOS ONLY _ AUUTOS . RPeraccident _..........
X Pe .,dTntDAMAGEAM%ONLY ApO rr ., e
$
A X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 6,000,000
_._ EXCESS LIAB _.__ CLAIMS-MADE X OBSBWIM9888 01/01/2018 01/01/2019 AGGREGATE ____.._...$._._— 6,000,000
DED X RETENTION$ 10r000 $
B WORKERS COMPENSATION X STATUTE .__,._._.,°RH__..
AND EMPLOYERS'LIABILITY Y/N 08WBGEM0640 01101/2018 01/01/2019 1,000,OOp
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
OFFICERIMEin NH)EXCLUDED? N N/A — 1'oOp'000
E.L.DISEASE-EA EMPLOYEE $
If yes,describe under 1 000 000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
C Prof.Liability AEC-9018312.02 01/01/2018 01/01/2019 Per Claim 1,000,000
C AEC-9018312-02 01/01/2018 01/01/2019 Aggregate 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required)
All Coverages are in accordance with the policy terms and conditions.
RE: 2019 Structural Engineering and CRS
City of Oshkosh and Its officers,council members,agents,employees and authorized volunteers shall be listed as additional Insured with respect to General
for ongoing&completed operations,Auto and Umbrella Liability where required by written contract.A 30 Day Notice of Cancellation is provided in
accordance with the policy terms and conditions in favor of the additional insured.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: City Clerk
215 Church Avenue
PO BOX 1130 AUTHORIZED REPRESENTATIVE
Oshkosh,WI 54903 'B�R�
ACORD 25(2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved,
The ACORD name and logo are registered marks of ACORD
mununuemra5ocmres, Inc.
Policy No, 08SBVV|M988B (Ext[Oct), Eff. 1/Ol/l8- l/O1/lg BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not
' control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage"
purpose by you, any of your that occurred; nr
"employees", "volunteer workers",
any padnerorn��mo�rUfyou �[� (2) "Personal and advertising injury" �
` oheJn0out ofon offense nommU1ad
a partnership or joint venhura\, or i
any member (if you are o limited before you acquired or formed the
liability company). organization. |
b. Real Estate Manager 4. Operator 0fMobile Equipment �
Any person (other than your"employee" or With respect to "mobile equipment' registered in �
"volunteer vvorker'), or any organization your name under any motor vehicle registration �
while acting aa your real estate manager. |ow, any person is an insured while driving such
c. Temporary Custodians Of Your equipment along a public highway with your
Property permission. Any other person or organization
responsible for the conduct of such person is
Any person or organization having proper also on |naunsd, but only vvidh respect to liability `
hannpnoaryoushodyofyourpropodvifyou ehein8out of the operation ofthe equipment, and
die` bu�on|y� only |fno other insurance of any kind is available
(1) With respect to Uobi|ihv arising out of the to that person or organization for this liability.
maintenance or use of that property; and However, no person or organization iseninsured
(2) Until your |eQm| representative has with respect to: �
been appointed. a. "Bodily injury" to e co-"employee" of the �
d. Legal Representative If You 0e person driving the equipment or '
Your legal representative if you die, but b. "property damage" to property owned by,
only with respect to dudes as such. That rented to, in the charge oforoccupied by
representative will have all your rights and you or the employer ufany person who is
duties under this insurance. an insured under this provision.
e. Unnamed Subsidiary 5. Operator nfNVnoxvnedWatercraft
Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that
yours which is o legally incorporated entity is less than 51 feet long and is not being used
of vvh/oh you own a financial interest Of ho carry persons for o charge, any person isan
more than 5096 of the voting stock on the insured while operating such vvotevonmft with
effective date of this Coverage Part. your permission. Any other person or
organization responsible for the conduct of
The insurance afforded herein for any such person is also an insured. but only vvith
subsidiary not shown in �h� Declarationssnmspacd to liability arising out ofthe operation
am a named insured d0�� not �PP|y to of the watercraft, and only if no other �
injury ord�nn�gevvith respeo� howh|oh an insured under this insurance is also an insurance of any kind is available to that �
�
insured under another policy or would be person or organization for this liability.
an insured under such policy but for its Hovvever, no person or organization is an �
termination or upon the exhaustion of its insured with respect to:
limits of insurance. m. "Bodily injury" to a co-"employee" of the �
3. Newly Acquired Or Formed Organization person operating the watercraft; or |
Any organization you newly acquire or fbrnl. b. "Property damage" to property owned by,
other than a partnership, joint venture or rented to, in the charge of or occupied by
you or the employer 0f any person who is
limited liability cnmpany, and over which you
maintain financial interest ofmore than 5096 of an insured under this provision.
the voting sbzok, will qualify as a Named 6. Additional Insureds When Required By
Insured if there is no other similar insurance Written Contract, Written Agreement Or
available to that organization. However Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in
only until the 180th day after you acquire Paragraphs o. through f. below are additional
or form the organization or the end of the insureds when you have agreed, in o written
policy period, whichever iu earlier; and
Form SS 00 08 040S Page 11 of24
' ' BUSINESS LIABILITY COVERAGE FORM
contnaut, written agreement or because of o (e) Any failure to make such /
permit issued by a state or political inspeohonm, adiuotmentm, tests or
oubdiv|eion, that such pennon or organization servicing as the vendor has
be added as an additional insured on your agreed to make or normally '
po|icy, provided the injury or damage occurs undertakes to make in the usual
subsequent to the execution of the contract or course of business, in connection
agreement, Vr the issuance of the permit. with the distribution or sale ofthe
/\ person or organization is an additional Products;
U0 insured under this provision only for that Demonstration, installation,
period of time required by the contract, servicing or repair operations,
!
. !
' ' ' except operations p��ur[n�d
agnaannpnt�rp�nniL t h |
at the vendor's pnsmkaea in
However, no such person or organization is on connection with the soks of the �
additional insured under this provision if such product;
�
person or organization is included as an �
additional insured by an endorsement issued (g) Products which, after distribution b u[sale byou, have been labeled
v us and made @ part OfMh|� CVV�ngg� ��d. 'v
'including all persons or organizations added or relabeled or used as g
as additional insureds under the specific container, part or ingredient ofany
additional insured coverage grants in Section other thing or substance by or for
�
F.—[>ptiona|AddiU the vendor; or
Vn�| |n�ur�� �Vvenagee�
e. \/enduna (h) "Bodily injury" or "property �
damage" arising out of the sole
Any person(s) ororQanizotkzn(S) (referred to negligence of the vendor for its
�
below as vendor), but only with respect to own ants or omissions or those of �
"bodily injury" or "property damage" arising its employees �r anyone �|��
out of "your products" which are distributed octingon its behalf. However, this
�
or sold in the regular course nfthe vendor's �xo|umion does not apply t�� �
business and only if this Coverage Part exclusion
provides coverage for "bodily i ury" or (i) The exceptions contained in
^"property damage" included within the (d) nr Ul� or
o ` ` ''
"products-completed operations hazard" (iU Such inspections,
(1) The insurance afforded to the vendor tests orservicing ms the vendor
is subject to the following additional �meg�edtomahemnonn�� �
'exclusions: undertakestomekeiOUheuaua|
course of business, in
This insurance does not apply to: connection with the distribution �
(a) "Bodily injury" or "property ur sale cf the products.
damage" for which the vendor is (�� This insurance does not apply to any
obligated to pay damages by ` '
insured person or organization from
reason of the assumption of whom you have acquired such products,
liability ine contract nragreement. or any inBnedient, part or container, �
This exclusion does not apply to entering into, accompanying or �
liability for damages that the containing such products,
vendor would have in the absence
of the contract 0ragreement; b. Lessors OfEquipment
/b} Any express vvarGlnb/ (1) Any person Or organization from
' unauthorized byyou; 'whom you lease equipment but only
with respect to their liability for "bodily
(o) Any physical or chemical change injury", "property damage" or
� in the product mode intentionally "ponaono| and advertising injury"
by the vendo� uaus*d, in whole or in part, bv 'your
(d) Repackaoing, except when [0eintenance, operation or use of
unpacked solely for the purpose of equipment ]eased to you by such
|nmpeotimn, demnnmtration, besbng, person ororganization.
or the substitution of parts under
instructions from the manuhactunar,
and then repackaged in the
original container;
Poge12 of24 Form SSO0VD0405
' BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. PannKo Issued By State Or Political r
to these additional insureds, this Subdivisions |
insurance does not apply to any (1) Any state or political subdivision, but
"occurrence" which takes place after � �
|
only with respect to operations
you cease tm lease that equipment, performed by you o[on your behalf for |
c. Lessors C)fLand Or Premises which the state or po\iUoo| subdivision
(1) Any person or organization from has issued opermit. �
whom you lease land or premises, but (2) With respect to the insurance afforded
only with respect to liability arising out to these additional insureds, this
Vf the ownership, maintenance or use insurance does not apply to:
of that pod of the land or premises (a) "Bodily� injury",�ury". "property damage" �
leased toyou.
or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations
to these additional iOSureds, this performed for the state or
insurance does not apply to: municipality; or
|
(a) Any "occurrence" which takes (b) "Bodily injury" or"property damage"
�
place after you cease tm lease that included within the "products-
land or be o tenant in that completed operations hazerd"
premises; or Y, Any Other Party
(b) Structural alterations, nuvv
(1) Any other person or organization who
construction or demolition
is not an insured under Paragraphs a.
operations performed by or on through a. above, but only with
behalf of such pen9nO or respect to liabilityv for "bodily injury",
organization, "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or
(1) Any an:h�ec� mOginee[ VrsVmeyo� but in part, by your acts or omissions or
� � only with respect to liability for "bodily
the acts or omissions of those acting injury", "property damage" or "personal on your behalf:
and advertising injury" caused. in whole (a) In the performance of your
or in part, bv your acts or omissions or ongoing operations;
the acts or omissions nf those acting on (b) In connection with your premises �
your behalf. � �
owned by or rented to you; or
(a) In connection with your premises; ' (m) In connection with "your work" and |
or
included within the "products- �
(b) I the performance of your completed operations hazan1". but
ongoing operations performed by only if
you or on your behalf. (i) The written contract or written
(2) With respect to the insurance afforded agreement requires you to
to these additional insureds, the provide such coverage to
following additional exclusion applies: such additional insured; and
This |neungOoe does not apply to (U) This Coverage Port provides �
"bodily injury", "property damage" or coverage for "bodily injury" or
�
"personal and advertising injury" .'property damage" included �
arising out of the rendering of or the within the "products-
failure to [ender any professional completed operations hazmvd"
services by or for you, including: (2) With respect to the insurance afforded �
(a) The preparing, approving, or to these additional inSureds, this
failure to pnspema or epprova, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or
reports, surveys, � orders, "pomone|- and advertising injury"
change ordem, designs or arising out ofthe rendering of, or the
drawings and specifications; or failure to rander, any professional
(b) Supemisury, inopeotion, architectural, engineering or surveying
architectural or engineering serviues, including:
activities.
Form SS 00080405 Page 1Jof24
' ' BUSINESS LIABILITY COVERAGE FORM
' (a) The prepahng, approving, or This General Aggregate limit dmym not -
' failure to prepare or opprova, apply to "property damage" to premises
mapa, shop drawingm, opiniona, while ranted to you or temporarily
raports, eurvoye, field ordem, occupied by you with permission of the
change ordera, designs or nvvner, arising out of fire, lightning or
drawings and specifications; or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2.o. or 2.b above. whichever
aotivities
' app|ieo, the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all "bodily injury",
insureds are described in Section O. — Limits "property damage" and medical expenses �
Of|naunance. arising out of any one "occurrence" is the �
How this insurance applies when other Liability and Medical Expenses Limit shown in i
insurance is available toan additional Declarations.
one| insured . �
�
` is described in the Other Insurance Condition The most we will pay for all medical expenses
in Section E.— LiebUityAod Medical Expenses because of "bodily injury" sustained by any
General Conditions, one person is the KAedioe| Expenses Limit
h i shown Declarations.
No person or organization is an insured with s .
respect to the conduct of any current or past 4, Personal And Advertising Injury Limit
podnen;hip, joint venture or limited liability Subject to 2.h. abVve, the most we will pay for
company that is not shown as Named Insured in
the sum of all damages because of all
the Declarations. "personal advertising injury" sustained by
D. LIABILITY AND MEDICAL- EXPENSES any one person or organization ia the Personal .
LIMITS OF INSURANCE and Advertising Injury Limit shown in the
Declarations.
1. The Most VVn Will Pay
5. Damage To Premises Rented Tw You Limit
The Limits of Insurance shown in the
Declarations and the rules below fix the most The Damage To Pnsmim�o Rented To You
wevvi|| poyreg�rd|�ssofthonumb�rot Limit im the most vvevvi|| pay under Business
Liability Coverage for damages because of
a' ' �\neurad�� "property to
b. Claims made ur"uuits" brought; or rented bJ you, V[|n the case of damage byfire,
c. Persons ororganizations making claims or lightning or exp|oaion, while rented to you or �
bringing "suits". temporarily occupied by you with permission of �
2. Aggregate Limits the owner. �
In the case of damage by fins lightning or
ThempstvvevviUpayfor� ' �
explosion, the Damage bm Premises Rented Tb
a. Damages because of "bodily injury" and You Limit applies to all damage proximately
"property damage" included in the caused by the same event, whether such �
"products'oomp|etmd operations hazard" is damage results from fire. lightning or explosion �
the Pnoducds-Comp|eted Operations or any combination ofthese.
Aggregate Limit shown in the
G How Limits Apply To Additional Insureds
Declarations.
'
The most we will pay on behalf ofa person or �
b. Damages because of �|| other "bodily
`
i
organization who is an additional insured
injury", "property damage" or "personal
�
and advertisingunderthisCovermgmPndiuthe |eemerot
iainQ injury". including medical �
exponsen, io the General Aggregate Limit a. The limits of insurance specified in a
shown in the Declarations. written uontnsct, written agreement or
permit issued by e state or politicalThia General Aggregate Limit applies
separately to each of your "locations" subdivision; or
owned byor rented ioyou. b. The Limits of Insurance shown in the
"Location" means premises involving the Declarations.
same or connecting |ote, or premises Such amount ahm|| be a part of and not in
whose connection is interrupted only by addition to the Limits of Insurance shown in
etnaot' roadway or right-of-way of a the Declarations and described in this Section.
railroad,
Page 14of24 Form SS00 08O405
' BUSINESS LIABILITY COVERAGE FORM
' If more than one limit of insurance under this (1) Immediately send us copies of any
` policy and any endorsements attached thereto donmndo, nodces, summonses or
applies to any claim or"suit", the most vvewill pay |eQo| papers received in connection
under this policy and the endorsements is the with the claim or"suit';
single highest limit of liability of all coverages �2) Authorize um to obtain records and
applicable to such claim or "suit". Hmwever, this' other information;
paragraph does not apply to the Medical Expenses �
limit set forth in Paragraph �.above. (3) Cooperate with Vs in the inveetigotiun,
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the"suit"; and |
separately to each consecutive annual period and to <4) Aoeind u� upon our request, in the �
any remaining period of less than 12 months, starting ' ' ' ' �' enforcement ofany right against any �
with the beginning of the policy period shown inthe
person or organization that may be
Declarations, un|aa� the policy period i� extended /
liable to the insured because nfin !
after issuance for an additional period of less than 12 � �
or damage to which this insurance /
months. In that case, the additional padodvv||| be' may also app|y
deemed part Vf the last preceding pmhodfor purposes �
Vfd�harmininQth�Limibaof|nsunan��. d. Obligations��t The |nsured's ��v«n ��nst �
No insured vvi||' except ot that insuned'eown
E. LIABILITY AND MEDICAL EXPENSES
cost, voluntarily make o payment, assume
GENERAL CONDITIONS
any obligation, or incur any expense, other
1. Bankruptcy than for first aid,without our consent,
Bankruptcy or insolvency of the insured or of e. Additional |nsurcd's Other Insurance
the ineurod'm estate will not relieve us of our If we cover a claim or "suit' under this
obligations under this Coverage part. Coverage Part that may also be covered �
2. Duties /n The Event Of Occurrence, by other insurance available to an
Offense, Claim Or Suit additional inoured, such additional insured �
a. Notice Qf Occurrence C]rOffense must submit such claim or "ou|f' to the
|
You or any additionaloMherinuunarfordefensoondindemnitv,
ona| insured must see to '
it that we are notified as soon as However, this provision does not apply to �
practicable of an "occurrence" or an the extent that you have ogns*d in a �
offense which may n*mu|t in a claim. To written cVntront, written agreement or !
the extent possible, notice should include: Permit that this insurance is primary and �
non-contributory with the additional
(1) How, when and vvhen* the "occurrence" insurod'a own insurance. �
or offense took place; �
f. Knowledge Of An Occurrence, Offense, �
(2) The names and addresses of any Claim OrSuit �
injured pereonaandvv|tneeses; ond
Paragraphs a. and b. apply to you or to
(]) The notun* and location of any injury any additional insured only when such
or damage arising out of the "occurrence" ���ng� claim or "suit" is
"oocurrence"0[offeOae ' '
' known
b Notice (�f�|�irn' (1) You or any additional insured that is
If a claim is made or "suit' is brought on individual;
against any insured, you or any additional (2) Any pedner, if you or on additional
insured nluat�
' insured is a partnership;
(1) |m����� ��� �� a of' ^ pvux�� (3) Anv manager, if you or an additional
c|oim or "suit",and 'and the date naoeived '
insured isa limited liability company;
and
WQ Any "executive officer"� ma�` or insurance
\
(2 Notify
' ' manager, if you or an additional
�
You or any additional insured must see to insured is o corporation;
it that we receive avvhtten notice of the (5) Any truahae, if you or on additional �
claim or"suiC' ae soon aepracticable,
insured |s8 trust; or �
c /���1�t�n�e And Cooperation <�f The
' (6) Any elected or appointed official, if you
Insured
or an additional insured is a political
You and any other involved insured must: subdivision ur public entity.
' BUSINESS LIABILITY COVERAGE FC)RK0
' This Paragraph f. applies separately to (3) VVe have issued this policy inreliance
` you and any additional insured. upon Your representations.
3. Financial Responsibility Laws h. Unintentional Failure To Disclose
i
a. When this policy in certified as proof of �
financial responsibility for the future under }f unintentionally you should fail to disclose
the provisions of any motor vehicle all hazards relating tn the conduct ofyour
financial responsibility |avv, the insurance business at the inception date of this '
provided by the policy for "bodily injury" Coverage Port, we shall not deny any |
liability and "property damage" liability will coverage under this Coverage Port �
comply with the provisions of the law to because of such failure.
the extent of the coverage and Urn|ta of 7' Other Insurance
insurance required by that law.
If other valid and collectible insurance is
b. With respect to "mobile equipment' to available for e |oee we cover under this
which this insurance opp|ies, we will Coverage Pad, our obligations are limited as
provide any Uabi|ib/, uninsured motorists, fnUovvu:
underinsunyd mobmheta, no-fault or other
coverage required by any motor vehicleu, Primary Insurance
|mvv. We will provide the required limits for This insurance is primary except when b.
those coverages, below applies. If other insurance is also |
4, Legal Action Against Us primary, we will share with all that other
No person or organization insurance by the method described in o.
on has a right '
this Coverage Form: below.
e. To join us as a party or otherwise bring us b^ Eocmss |nmuranoe
into a "suit" asking for damages from an This insurance is excess over any of the
insured; or other insurance, whether primary, excess.
b. To sue ueon this Coverage Form Vn|oee contingent nron any other basis:
all of its terms have been fully complied (1) Your Work �
with. That is Fine Extended Coverage,
. �
A person or organization may sue us to recover Builder's Risk, Installation Risk or �
onan agreed settlement mrona final judgment similar coverage for"your vvork';
against an insured; but we will not be liable for (2) pnmrn(ses Rented ToYou �
damm ������md��t� undarU��m��
� That is fire, lightning or explosion
this insurance or that are in excess of the
insurance for premises rented to you
applicable limit of insurance. An agreed
or temporarily occupied by you with
settlement means a settlement and release of
permission of the ovvner
liability signed by us. the insured and the '
claimant or the claimant's legal representative. (3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to
cover your liability as a tenant for
Except with respect to the L|nnih* ofInsurance, "property damage" tVpremises rented
and any rights or duties specifically assigned
to you or temporarily occupied by you
in this policy to the first Named Insured, this �
with permission of the owner;
insurance applies:
NA �i����.Auto 0r�a�ro��
o. As � were Named Insured �[� the only
` ' �
Named Insured; and |f the loss arises out of the maintenance �
�
b. Separately bo each insured against whom or use ofaircraft, "autos"or watercraft ho
o claim is made or"auit' iabnouQht
the extent not aut^�eot to Exclusion g, of
�
� BecUonA.—Covemages.
G Representations
' (5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use C]7Elevators
By accepting this policy, you agree: If the loss arises out of "property
� (1) The statements in the Declarations damage" to borrowed equipment or
are accurate and complete; the use of e|mvohnre to the extent not
subject to Exclusion k of Section A —
(�) Those statements are based upon ' ' A.
representations you made to us; and Coverages.
Page 1Gpf24 Form SSU008O4O6
' BUSINESS LIABILITY COVERAGE FORM
' (Q) When You Are Added As An When this insurance is excess over other
' Additional Insured To Other inounanma, we will pay only our share of
Insurance the amount of the |oso, if any, that
thaaumo� |
That is other insurance available to exceeds |
you covering liability for damages (1) The hmba| amount that all such other
arising out of the premises or insurance would pay for the |oeo in the �
!
operations, or products and completed absence of this insurance; and
openehonm, for which you have been (2) The total of all deductible and self-
added as an additional insured by^ insured amounts under all that other �
insunanoeor
' insurance.
7( ) When You Add Others A� /4n
^ ' VVe will share the remaining loss, if any, with
Additional Insured To This
any other insurance that ie not described in
Insurance
this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the
additional insured. Limits of Insurance shown in the
However, the h)||ovviOg provisions Declarations of this Coverage Part.
apply to other insurance available to c. Method Of Sharing
any person or organization who is an If all the other insurance permits �
additional insured under this Coverage contribution by equal shares,we will follow !
Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts �
Required ByContract until it has paid its applicable limit of �
iOoungD�8 or none [f the |oon renoaina
This insurance i� primary if you ' ^
have agreed in ovvhtt vvhioheveroomee�ret�n contract, .
written agreement or permit that |f any gf the other insurance does not permit
this insurance beprimary. If other contribution by equal mhonee, we will
insurance is also primary, we will contribute bvlimits. Under this method,each
share with all that other insurance insurers share is based on the ratio of its
by the method described in u. applicable limit of insurance to the baba\
below. applicable limits of insurance Vfall insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against
To Other Insurance When Others TnUs
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in o written If the insured has rights to recover all or �
cVntract, written agreement or part of any payment, including �
permit that this insurance is Supplementary Payments, vve have made �
primary and non-contributory with under this Coverage Pmrt, those rights are �
the additional ineunad's own
transferred to us. The insured must do �
insurance, this insurance is nothing after |ooa to impair them. At our
primary and we will not seek request, the insured will bring "suit" or
contribution from that other
transfer those rights to us and help us �
insurance.
enforce them. This condition does not
Paragraphs (m) and (b} do not apply to apply to Medical Expenses Coverage.
other insurance howhich the additional
b. Waiver Of Rights Of Recovery (Waiver
insured has been added as an Of Subrogation)
additional insured.
If the insured has waived any rights of
When this insurance is awceos, we will recovery against any person or
have no duty under this Coverage part to organization for all or part ufany poyment,
defend the insured against any"uuit" ifany including Supplementary PmymeOto, we
other insurer has m duty to defend the have made under this Coverage Pad, we
insured against that "suit". If no other also vvo|ve that right, provided the insured
insurer defends, we will undertake to do waived their rights of recovery against
so, but we will be entitled to the inGuped'o such person or organization in a contnact,
rights against all those other insurers. agreement or permit that was executed
prior to the injury or damage,
Form SSO008U405 Page 17of24
' BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. AddidoneT |nsured -GrentorOfFnynohima !
' COVERAGES WHO IS AN INSURED under Section C. is
|f listed or shown as applicable in the Declarations, amended to include as an additional insured
one or more of the following Optional Additional the person(o) oror0anization(a) shown in the
d| |Additional
��Declarations s n ona Insured Insured Coverages also apply. When any of these '
Optional Additional Insured Coverages apply, Grantor CfFranchise, but only with respect to
Paragraph 8. (Additional Insureds When Required their liability mn grantor of franchise toyou.
by Written Contract. Written Agreement orPermit) 4. Additional Insured - Lessor Of Leased
of Section C,. Who Is An |Osured, does not apply Equipment
to the person or organization shown in the e. WHO IS AN INSURED under Section C. is �
Declarations. These coverages are subject h7the amended to include as an additional |
terms and conditions applicable to Business insured the person(s) or organization(n) !
Liability Coverage in this po|iuy, except as shown in the Declarations oeanAddiUn / ] �
provided below: Insured — Lessor of Leased Equipment.
�
1. Additional Insured - Dos|gnated Person Or but only with respect to liability for "bodily
Organization injury", "property damage" or "personal
WHO IS AN INSURED under Section C. is and advertising injury" maueed. invvho|eor
amended to include as an additional insured in port. bv your maintenance, operation or
the person(s) VrVrgaOizaUon(a) shown in the use of equipment leased to you by such
` ' Vrorgmni�etion(�\
Doo|anations, but only with respect to liability pereVn(s'\ ` '.
for "bodily injury", "property damage" or b. With respect to the insurance afforded to
"personal and advertising injury" caumed, in these additional insureds. this insurance
vvhn|e or in pert, by your acts or omissions or does not apply to any "occurrence" which ^
the acts or omissions of those acting on your takes place after you cease to lease that
�
behalf: equipment.
m. In the performance of your ongoing 5. Additional Insured - Owners Or Other �
operations; or Interests From VVhmnn Land Has Been
b. In connection with your premises owned Leased
byor rented bzyou. a. WHO |SAN INSURED under Section C. is
2. Additional Insured - Managers Or Lessors amended to include as on additional �
Of Premises insured the person(s) or organization(s) /
sho�ninth� Den|nno�on� �monAddit|on�|
o VVHD |� AN INSURED under Section C. �' ^ Insured —Owners Dr Other Interests From
amended hz include asmn additional insured
Whom Land Has Been Leaaed, but only
the person(s)urVnganizaUOO(g)shown in the with respect to liability arising out of the
Declarations an on Additional Insured
- ownership, maintenance or use of that part
Designated Person Or Organization; but only of the land leased b}you and shown inthe
with respect to liability arising out of the Declarations. �
ownership, maintenance or use of that part of �
th� premises |eanedtoyouandshmwninthe b' With respect to the insurance afforded to �
Declarations. additional
additional insurede, the following
eddiUon8| exclusions apply:
b. With respect to the insurance afforded to �
these additional insurado, the following
Thi� inmuranoedoemn�topp|ytn�
additional exclusions apply: (1) Any "occurrence" that takes place �
This insurance does not apply to: after you cease b}lease that land; or
Structural alterations,(1) Any "occurrence" which takes place (2'\ ' new
after you cease to be g tenant in that construction or demolition operations
premises; or performed by or on behalf of such
(2) Structural alterations, new person ororganization.
G Additional Insured - State Or Politicalconstruction or demolition operations '
performed by or on behalf of such Subdivision —Pe,nmiba
� person ororganization. a. WHO |SAN INSURED under Section C. ie
amended to include as an additional
insured the otsba or political subdivision
shown in the Declarations as an Additional
Page 1Onf24 Form SS 00080405
BUSINESS LIABILITY COVERAGE FORM
. Insured — State Or Political Subdivision - (m) Any failure to make such !
Pernnita, but only with respect to inspections, acUumhnente. tests or
^ �
operations performed by you or on your servicing as the vendor has agreed
behalf for which the state or political to make or normally undertakes to /
subdivision has issued apermit. make in the usual course of '
b. With respect to the insurance afforded to bunineae, in connection with the
these additional inounedn, the following distribution or sale of the products;
additional exclusions apply: (f) Demonstration, installation,
This insurance does not app'apply to: servicing or repair operations,,(1) "Bodily injury", "property damage" or except such operations performed
"persona| and advertising injury" at the vendor's premises in arising out ofoperations performed with the sale of thebrmed for product;
state Vrmunicipality; or
(Q) Products vvh|uh. after distribution
/�\ "Bodily injury" or "property damage"` ' . 'o or sale b you. have been labeled
included in the "product-completedv or relabeled' ^ or used as a !
operations" hazard. container, or ingredient ofany �
T. Additional ynsured—Vendors other thing or substance by or for �
a. WHO IS AN INSURED under Section C. is the vendor; or �
amended to include as an additional (b) "Bodily injury" or "property '
insured the person(s) or organization(s) damage" arising out of the sole
(referred to below es vendor) shown |nthe negligence of the vendor for its
Declarations as an Additional Insured - own acts or omissions or those of
Vendor, but only with respect to "bodily its employees or anyone else �
injury" or "property damage" arising out of acting on its behalf. However, this
"your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's U\ The exceptions contained in
business and only if this Coverage Part ` '
/ Subparagraphs (d) n[(f); or
provides coverage. for "bodily injury" or
"property damage" included within the (ii) Such inspections,a.
"prVdV mp|ebed operations hazard" adjustments, tests or servicing �
b. The insurance afforded to the vendor is as the vendor has agreed to
mok� or OV�n�||y undertakes
)
aub]edtV the fbUmming additional exclusions: �
� to make in the usual course of
(1) This insurance does not apply to: businmss, in connection with
the distribution or n�|� �f �h
(o) "Bodily injury" or "property *
demaQe" for which the vendor is products. |
obligated to pay damages by (2) This insurance does not apply h) any �
reason of the assumption of insured person or organization from �
liability ina contract oragreement. whom you have acquired such |
This exclusion does not apply to produoho, or any ingredient, part or
liability for damages that the oonhainar, entering into,
vendor would have in the absence accompanying or containing such
of the contract oragreement; products.
(b) Any oxpnaem warranty 8. Additional Insured —ControUinQ Interest
unauthorized bvyou; VVHD IS AN INSURED under Section C. is
(c) Any physical or chemical change amended to include as an additional insured
in the product made intentionally the person(s) ororganization(m) shown in the
bv the vendor; Declarations as an Additional Insured —
(d) Repaokaging, unless unpacked Controlling |ntomaot, but only with respect to �
solely for the purpose of inspection, their liability arising out of:
dernnnotration, testing, or the a. Their financial control of you; or
substitution of parts under b. Premises they mwn, maintain or oonbn|
instructions from the nngnuhadunar, while you lease or occupy these premises.
and then repackaged in the original
container;
Form S8 0008 0405 Page 19 of24
�
' BUSINESS LIABILITY COVERAGE FORM
. This insurance does not apply to structural The limits of insurance that apply to additional
. a|harotions, new construction and demolition insureds are described in Section D. — Limits Of
operations performed by Vr for that person or Insurance.
' organization. How this insurance applies when other insurance
8. Additional Insured — Oxvnena. Lessees Or |a available hoanadditional insured |adescribed in
Contractors — Scheduled Person Or the Other Insurance Condition in Section E. —
Organization Liability And N1ed|ne| Expenses General
a' WHO \SANINSURED under Section C. is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES
insured the person(s) or organization(s)` ` ' DEFINITIONS
shown in the Declarations aGanAdditional
Insured —Owner. Lessees Or Contractors, 1 "Advertisement" means the widespread public
but only with respect to liability for "bodily . dissemination of information or images that
injury", "property danlage" or "personal has the purpose of inducing the sale ofgoods,
and advertising injury" oaused, in whole or products or services through:
in part, by your acts or omissions or the a. (1) Radio;
'
acts or omissions of those eohnQ on your (�) Television; /
behalf:
` ' '
(�) Billboard;
(1) In the oer��rn��n�g of your ongoing '
' �U N1�QG�in��
operations �v �e additional ' �
insured(e); or (5) Newspaper; �
(2) In connection with "your work" b^ The Internet, but only that part of a web �
performed for that additional insured site that is about goods, products Or �
and included within the "products' services for the purposes of inducing the ^
completed operations hazard". but sale of goods, products 0r services; or �
only if this Coverage Pod provides c. Any other publication that is given �
coverage for "bodily injury" or widespread public distribution. �
"property damage" included within the However, "advertisement"does not include: |
"products-completed operations
' a printed material, information
hazard" ' The design, ' �
or images contained in on or upon the '
b. With respect to the insurance afforded to packaging or labeling 'of any goods or `
these additional insureds, this iOGunsnu�
products; or
does not apply to "bodily injury", "property
h An interactive conversation between or '
damage" or "personal on advertising '
injury" arising out of the rendering of, or
on�nn� penGon�through000mpubarne��rk.
the failure to rendor, any professional 2. "Advertising idea" means any idea for an
architectural, engineering or surveying "advedimemen[
services, including: %. 'Y\abeshom hazard" means an exposure or �
(1) The preparing, approving, or failure to threat of exposure to the actual or alleged |
prepare or apprnve, maps, shop properties of asbestos and includes the mere �
dnawinOs, opin|one, rapVrts, sumeys, presence of asbestos in any form, �
field nnjens, change ordere, designs or 4, "Auto" means o land motor vehicle, trailer or �
drawings and specifications; or semi-trailer designed for travel on public �
(2) SVpemiGory, inspection, architectural ,oads, including any attached machinery or
or engineering activities. equipment. But "auto" does not include �
in. Additional Insured — Co-Owner Of Insured "mobile equipment'. �
Premises 5. "Bodily injury" means physical: �
WHO IS AN INSURED under Section C. is n. |njury;
amended to include as an additional insured b. Sickness; or �
the person(s) or Dr�gn�eUon/a) shown in the` ' ` u Disease
Declarations as an Additional Insured — Co—
Owner Of Insured Premisma, but only with sustained bvaperson and, if arising out ofthe
respect to their liability as co-owner of the above, mental anguish Vr death at any time.
premises shown in the Declarations. G. "Coverage territory" means:
'
^
' BUSINESS LIABILITY COVERAGE FORM
_
" m. The United States nf America (including its b. You have foi|mj to fulfill the terms of a �
' territories and possessions), Puerto Rico contract oragreement; �
and Canada;' if such property can be restored bx use by:
b. International waters or eirspace, but only if e. The repair, rap|mnmmont, adjustment or �
the injury or damage occurs in the course removal of "your product" or "your work"; �
of travel or transportation between any or |
places included |na, above;
b. Your fulfilling the terms of the contract or '
c. All other parts of the vvur|d if the injury or agreement. �
damage arises out of:
12. "Insured contract" means: �
(1\ Goods made by �
' ' o� A contract for a lease of premises.
Howswer, that portion of the contract fora
(2) The activities ofo person whose home lease of premises that indemnifies any
is in the territory described in m. person or organization for damage by fine,
above, but is away for e short time on lightning or explosion to premises while
your business; or rented to you or temporarily occupied by
i
(3\ "Personal and advertising injury"'ury" you with permission of the owner is
' . �
offenses that take place through the subject to the Damage To Premises
Internet or similar electronic 0a8nn of Rented To You limit described in Section
communication O. — Liability and Medical Expenses Limits
provided the ineured's responsibility to pay of Insurance. �
damages imdetermined in the United States of b. /\sidetrack agreement; �
America (including its territories and c. Any easement or license agreement.
possessions), Puerto Rico or Conmdo, in a including an easement or license �
"suit" on the merits according to the agreement in connection with construction
substantive law in such herhtory, or in a or demolition operations on o, within 50
settlement vveagree to. feet ofa railroad;
7 "Electronic data" means information, huo(a or
' ' d. Any ob|iQaUon, as required by ordinance,
programs: to indemnify o munin|paUh/, except in
o. Stored oeoron; connection with work for o municipality;
b. Created or used on; or e. An elevator maintenance agreement; or �
c. Transmitted toorfrom f. That pod of any other contract or
computer software, including systems and 8gn*aOnent pertaining to your business �
applications amfware, hard' or floppy disks, (including an indemnification of a
CD-R[)MS, tapea, dr|vos, oe||s, data municipality in connection with work �
�
pnJosaSing devices or any other media which performed for e municipality) under which
are used with electronically controlled you assume the tort liability of another !
equipment. Padx to pay for"bodily injury" or "property �
B. "Employee" includes o "leased worke/' dmnnaAo" to a third person or organization, �
"Employee" does not include a "temporary provided the "bodily injury"' or "property
vorker'. damage" in caused, in whole orin pad' by
you or by those outing on y
our behalf.
9' "Executive officer" means a person holding Tort liability means a liability that would
be
` any of the officer positions created by your imposed by law in the absence of any
ohnrter, constitution, by-laws or any other contract oragreement.
similar governing document.
Paragraph t includes that part of any
10' "Hostile fire" means one which becomes
contract or agreement that indemnifies a
uncontrollable or breaks out from where itwas railroad for "bodily injury" or "property
intended tVbe. damage" arising out of construction or
11. "Impaired property" means tangible proparty, demolition operations within 5O feet ofany
other than "your product" or "your work", that railroad property and affecting any railroad �
cannot be used or is |*om useful because: bridge or trestle, baoks, ruad'bedn, tunnel,
a. |t incorporates "your product' or "your work" underpass Vrcrossing. �
that is known or thought to be defective, Hovvever. Paragraph f. does not include
deficient, inadequate or dangerous;or that part of any contract oragreement:
Form S9 00 08 04 05 Page 21 of24
' BUSINESS LIABILITY COVERAGE FORM
' (1) That indemnifies an architect, (1) Power cranou, shovels, loaders,
' engineer or surveyor for injury or diggers or drills; or
damage arising out of�
of: (2) Road construction or resurfacing �
(a) Pnepehn8, approving or failing to equipment such as graders, scrapers �
prepare or approve mapm, shop or rollers;
drowin0m, opiniVns, reports, e. Vehicles not described in a., b., c., or d. �
nunxeys, field ordem, change above that are not self-propelled and are !
orders, designs or drawings and maintained primarily to provide mobility to
specifications; or permanently attached equipment of the
�
(b) Giving directions or instructions, following types:
o[failing hz give them, if that inthe (1) Air compremaona, pumps and
primary cause of the injury or ' '
generators, including opnsying,
damage; or we|dinQ, building cleaning, �
(2) Under which the insu[ed, if an geophysical exploration, lighting and
onchiteot, engineer or surveyor, well servicing equipment; or
assumes liability for an injury or '2) Cherry pickers and similar devices �
damage arising out of the insured'm
used to raise or lower vvorkers
rendering or failure to render '
f' Vehicles not described in a'' b'' r'' ord'profnssinno| services, including those
listed in (1) above and supervisory, other
maintained primarily for purposes �
inspection, architectural or o�erthan the �anspo�mUonVf persons or
engineering activities. cargo. �
13. "Leased worker" means a person [eased to How*ver, self-propelled vehicles with the �
you by a labor leasing firm under an following types of permanently attached
agreement between you and the labor leasing equipment are not "mobile equipment' but
�
�nn. b) pedbnnduU vviUbmcnnaidered "autno"�
duties
Your business. "Leased worker" does not (1) Equipment, of at least 1.000 pounds
include a"temporary worker". gross vehicle weight, designed
14. "Loading or unloading" means the handling of primarily for:
property: (a) Snow removal;
m. After itim moved from the place where it is (b) Road maintenance, but not '
accepted for movement into or onto an construction or resurfacing; or
a|rcnaft. Vveten:roft or"auto"; (c) Street cleaning;
b. VVhi|a it is in or on on aircraft, watercraft or (2) Cherry pickers and similar devices
"auto''; or mounted on automobile or truck
u. While it is being moved from an aircnaft, chassis and used to raise or lower
watercraft or"auto" to the place vvheoa it is workers; and
finally delivered; (3) Air uompraaanna, pumps and
but "loading or unloading" dues not include the QenengtVrs, including epnaying,
movement of property bv means of@mechanical vve|ding, building cleaning, �
device, other than o hand truck, that is not geophysical exploration, lighting and �
attached to the aircraft,watercraft or"auto" well servicing equipment. �
15. "Mobile equipment" means any of the following 16' "Occurrence" means an accident, including
�
types of land vehidee, including any attached continuous orrepeated exposure to substantially
machinery orequipment: the same general harmful conditions.
a. BuUdozero, hann machinery, forklifts and 17, "Personal and advertising injury" rnegns | jury. �
other vehicles designed for use phnnipe|k/ including consequential "bodily injury", arising �
off public roads; out of one or more of the following offenses:
b. Vehicles maintained for use solely on or a. False arrest, detention orimprisonment; �
next to premises you own Vrrent; b. Malicious prosecution;
o. Vehicles that travel on crawler treads; �
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
Page 22uf24 Form SS 00080405
Donohue&Associates,Inc.
Policy No.08SBWIM9888
Eff.1/01/18-1/01/19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
This policy is subject to the following additional Conditions:
A. If this policy is cancelled by the Company, other If notice is mailed, proof of mailing to the last known
than for non-payment of premium, notice of such mailing address of the certificate holder(s) on file with
cancellation will be provided at least thirty (30) days the agent of record or the Company will be sufficient
in advance of the cancellation effective date to the proof of notice.
certificate holder(s) with mailing addresses on file Any notification rights provided by this endorsement
with the agent of record or the Company. apply only to active certificate holder(s)who were issued
B. If this policy is cancelled by the company for non- a certificate of insurance applicable to this policy's term.
payment of premium, or by the insured, notice of Failure to provide such notice to the certificate holder(s)
such cancellation will be provided within ten (10) will not amend or extend the date the cancellation
days of the cancellation effective date to the becomes effective, nor will it negate cancellation of the
certificate holder(s) with mailing addresses on file policy. Failure to send notice shall impose no liability of
with the agent of record or the Company. any kind upon the Company or its agents or
representatives.
Form SS 12 23 06 11 Page I of 1
cJ 2011, The Hartford