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HomeMy WebLinkAbout5100 RESOLUTION NO. 51 0 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO AWARD AND EXECUTE A CONSTRUCTION CONTRACT WITH THE LOWE8T RESPONSIBLE BIDDER FOR CONSTRUCTION OF COMMUNITY DEVELOPMENT AND PUBLIC WORKS CONTRACT NUMBER 14-22 FOR PROJECT CP1410, 2014 ARTERIAL AND COLLECTOR CRACK SEALPROJECT WHEREAS, the City Council of the City of Auburn has approved a project to design and construct pavement preservation on existing arterial and collector streefs consisting of 9.5 lane-miles of crack sealing, and WHEREAS, the bid opening for the projed was scheduled for September 16, 2014; and, WHEREAS, waiting to award the construction contract until the next regularly scheduled meeting would result in a three week delay of the construction start date; and WHEREAS, at this late stage in the construction season, that could significantly impact the success of the impending project; and WHEREAS, the City of Auburn Community Development and Public Works Department will assess the bids received and identify the lowest responsible bidder; anii WHEREAS, it is in the public interest of the City to award and execute Community Development and Public Works construction contract number 14-22, with all expediency to take advantage of the remaining construction season. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Resolution No 5100 � September B, 2014 Page 1 of 1 Section 1. The Mayor of the City of Auburn is hereby authorized to review bids, award, and execute a construction contract between the City of Aubum and the lowest responsible bidder for Project Number CP1410, Community Development and Public Works Contract Number 14-22, 2014 Arterial and Collector Crack Seal Project, which contract shall conform with the bid documents, prodided that the bid amount does not exceed the project budget. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this �S�day of r�� , 2014. CITY OF AUBURN ANCY BA 1 , AYOR ATTEST: ��"� ����� Danielle E. Daskam, City Clerk � APPROVED TOFORM: _\ , D niel B. Hei , ity Attomey .� , Resolution No. 5100 September 8, 2014 Page 2 of 2 6 y q.l CITY OF ADBURN Nancy Backus, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001 -4998 * www.auburnwa.gov * 253- 931 -3000 October 2, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED Doolittle Construction 1900 118th Avenue SE Bellevue, WA 98005 NOTICE TO PROCEED RE: Project #CP1410, 2014 Arterial and Collector Crack Seal, Contract #14 -22 You are hereby notified to proceed as of October 3, 2014 with the work on the above - referenced project, within the time period specified, in accordance with the provisions of the contract documents, copy enclosed. This project has 12 working days for completion. If you have any questions, please contact the City Inspector for the project, Rick Keely at 253 - 876 -1926 or the Contract Administration Specialist, Amanda DeSilver at 253 - 876 -1980. Sincerely, Ingrid Gam , P.E. Asst. irector of Engineering Services & City Engineer Community Development & Public Works Department IG /ad /mt Enclosure cc: Dani Daskam, City Clerk Jai Carter, Project /Engineer Rick Keely, Project Inspector File 13.11 (CP1410) AUBUfZN * MORE THAN YOU IMAGINED CONTRACT Contract No. 14 -22 THIS AGREEMENT AND CONTRACT, made and entered into, in triplicate, at Auburn, Washington, this ),,cl day of 0 Qf% 2014, by and between the CITY OF AUBURN, WASHINGTON, a municipal corporation, and DOOLITTLE CONSTRUCTION 1900 118TH AVENUE SE, BELLEVUE, WA, 98390, hereinafter called the CONTRACTOR. WITNESSETH: That, in consideration of the terms and conditions contained in the Contract Documents entitled"'CP14101.2014 Arterial and Collector Crackseal Project," which are by this reference incorporated herein and made a part of this Contract, the parties hereto covenant and agree as follows: I. The CONTRACTOR shall do all work and furnish all tools, materials and equipment for Project CP1410, 2014 Arterial and Collector Crackseal Project the construction of sealing cracks with rubberized asphalt sealant on approximately 9.5 Lane -Miles of Arterial and Collector roadways throughout the City of Auburn for a total contract value of sixty -eight thousand six hundred and sixteen dollars ($68,616.00) in accordance with and as described in the Contract Documents which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. This Contract shall be executed by the Contractor and returned to the City within 7 calendar days after the receipt of the dated notification of award and the Contract time shall commence within 5 working days after execution of the Contract by the City and so designated on the Notice to Proceed. Physical completion shall be within 12 working days of the date on the Notice to Proceed. If said work is not completed within the time specified, the CONTRACTOR agrees to pay liquidated damages to the CITY OF AUBURN, as specified in Section 1 -08.9 (Liquidated Damages) of the Standard Specifications. The CONTRACTOR shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the Contract Documents to be furnished by the CITY OF AUBURN. II. The CITY OF AUBURN hereby promises and agrees with the CONTRACTOR to employ, and does employ the CONTRACTOR to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to said Contract Documents and the aforesaid proposal hereto attached, at the time and in the manner and upon the conditions provided for in this Contract. ID. The CONTRACTOR for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon by part of the CONTRACTOR. XXvr IV. It is further provided that no liability shall attach to the CITY OF AUBURN, WASHINGTON by reason of entering into this Contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed the day and year first hereinabove written. Countersigned: this � day of OC- ob -z,r , 2014 ATTEST: Danielle E. Daskam, City Clerk APPRO A FOR Daniel B. Heid, ny Attorney CITY OF AUBURN, WASHINGTON By ' Ic Backus, Mayor DOOLITTLE CONSTRUCTION By� G J Authorized Official Signature xxvi i C0NTRACT BOND CONTRACT NO. 14 -22 130ND NO. 023025946 BOND TO CITY OP AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS That we, the undersigned, DOOLITTLE CONSTRUCTION. 1900 118TH AVENUE SE. BELLEVUE. WA. 98390, as principal, and Liberty Mutual Insurance Company a corporation, organized and existing under the laws of the State of Massachusetts as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to the City of Auburn, Washington, in the penal sum of sixty -eight thousand six hundred and sixteen dollars ($68,616.00), for the payment of which s11111 we jointly and severally bind ourselves and our successors, heirs, administrators or personal representatives as the case may be. ' This obligation is entered into in pursuance of the Statutes of the State of Washington and the Ordinances of the City of Auburn, Washington. Dated at Auburn. Washington, this 30th day of September 2014. Nevertheless, the conditions of the above obligation are such that: WHEREAS, the City of Aubwn on the 19th day of September, 2014, let to the above bounden principal a certain Contract. The said Contract being numbered 14 -22, and providing for the construction of Project CP1410, 2014 Arterial and Collector Crackseal Project - sealing cracks with rubberized asphalt sealant on approximately 9.5 Lane -Miles of Arterial and Collector roadways throughout the City of Auburn (which Contract is reterred to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, or is about to accept, the said Contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, if the above bounden principal shall faithfully and truly observed and comply xvith the terns, conditions, and provisions of said Contract in all respects and shall well and truly and fully do and perform all matters and things by them anderlaken to be performed under said Contract, upon the terns proposed therein, and any and all duly authorized modifications of said Contract that cony hereafter by made, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply principal or subcontractors with provisions and supplies for the carrying on of said work and shall hold said City of Auburn, Washington, harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal or any subcontractor in the performance of said work, and shall in all respects faithfully perform said Contract according to law, and shall indemnify and hold the City of Auburn, Washington, harmless from any damage or expense by reason of failure of performance, as specified in said Contract, and The undersigned principal and the undersigned surety present this contact bond related to the Contract, PROVIDED that this document shall not be enforceable unless and until the City of xxviii Auburn awards and executes the Contract to the undersigned principal. No obligations under this bond, for the performance of the above - referenced contract, shall be enforceable until the City of Auburn has executed the contract to the undersigned principal. The Surety, hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Contract Bond in a like amount, such increase; however, not to exceed twenty — five percent (25 %) of the original amount of this bond without the consent of the Surety. PROVIDED, however, that after the acceptance of this Contract and the expiration of the lien period, and if there are no liens pending, then the penal sum of this bond, shall be reduced to either ten percent (10 %) of the value of the improvements to the City or two thousand dollars ($2,000), whichever is greater, to warranty against defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after acceptance. Not withstanding the reduction of this bond, the principal and surety shall hold the City of Auburn harmless from all defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after acceptance, THEN and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond, that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF, the above - bounden parties have executed this instrument this 30th day of September 2014. Doolittle Constrructi�on ,LLLC -- �oolittle Construction, [ LC Liberty Mutual Insurance Company Surety By /w - <<O Kandy N. H�IV Attorney in Fact Kibble & Prentice, A USI Company 601 Union Street Suite 1000 Seattle WA 98101 -4064 206 - 441 -6300 Resident Agent's Address & Phone Number xxix THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6186807 American Fire and Casually Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire 8 Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duty organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, _Angela D Tonnon• Holly E Liters Mary A Dobbs Nancy N Hill Roxana Palacios- Steven W Palmer all of the city of Seattle , state of WA each individually if there be more than one named, its true and lawful attomey -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as is act and deed, any and all undertakings. bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1st dayof July 2013 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company STATE OF WASHINGTON ss Gregory W. Davenport, Assistant Secretary COUNTY OF KING W On this 1st day of Jul 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American fix y Floe and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, O N execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. `y) > IN WITNESS WHEREOF, I have hereunto subscribed my name and atbced my notarial seal at Seattle, Washington, on the day and year first above written. ti m _ 3 n7 ✓�� to ` By. KID Riley, Ni Public y O m This Power of Attomey is made and executed pursuant to and by authority of the folkwdng By -lays ad Authorizations ofAmericen Fire ant Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and WestAmerloan Insurance Company which resolutions are now in full force and effect reading as follows: ar ` ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such atomeysin -fact, as may be necessary to ad in behalf of the Corporation to make, execute, seal, O e acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -f act, subject to the limitations set forth in their respective E y powers of attorney, shall have full paver to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or atomey-in -fact under 9 T the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE )011 - Execution of Contacts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by to chairman or the president, > and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fad, as may be necessary to act in behalf of the Company to make, execute, p 3 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fad subject to the limitations set forth in their Z v respective powers of attorney, shall have full power to bind the Company by their signature and execution of airy such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by tle president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of to Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such ator eys-in -fact as may be necessary to ad on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Companys Board of Directors, the Company consents that facsirrile or mechanicalty reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mhdual Insurance Company, and West Arrericah Insurance Company do hereby certify that the original power of attorney of which the foregoing is afull and correct ropy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. ell- IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 7- 20 f p� By: � 7 David M. Carey; Assistant Secretary LMS_12873_092012 39 of 250 w m c to 3 r- 0 Uy > W d EE zCL C co O� � C aOE a 00 to «� OC Td N� ma t N Y 0P EN CO) `c0 00 V, O� F r A Search > LIBERTY MUTUAL INSURANCE COMPANY LIBERTY MUTUAL INSURANCE COMPANY General. I Contact I Llcemin9 I Appontm>nts I Compla n[s I Order; I Plarional info I Patinys Back to Search General information Contact information Name: LIBERTY MUTUAL INSURANCE COMPANY Registered Corporate family group. LIBERTY NUT GRP s address Organization type: PROPERTY 175 BERKELEY ST BOSTON, MA 02117 WAOIC: 733 NAIC: 23043 Telephone 617 - 357 -9500 Status: ACTIVE Admitted date: 10/30/1933 Ownership type: STOCK 4 bark to Loo Types of coverage authorized to sell ,,„,,,,, Insurance ne in Marine ^ ba:'t_L. Lop Agents and agencies that represent this company (Appointments) View agents View agencies ° back to [op Company complaint history View complaints back w top Disciplinary orders 2008 -2014 No disciplinary orders are found Page I of 2 Mailing address 100 LIBERTY WAY DOVER, NH 03820 Telephone 617- 357 -9500 The orders posted here are unverified electronic duplicates of the official orders actually entered. To be certain you have the official version of the order as entered, request a hard copy from Renee Molnes at 360 - 725 -7047 or email legal @oic.wa.gov. Looking for other orders? Our online orders search allows you to search a ten year history of all orders, including enforcement orders, administrative orders, and general orders. ^ back to too National information on insurance companies http: / /www. insurance. wa. gov /consumertoolkit /Company /ComDanyllrofi le.asDx? WAOIC =... 9/30/2014 A.M. Best's Consumer Insurance Information Center Page 1 of 1 A.M. Best's qr (R 1.% li Center, � "Ji Member Center Lou In I Ran Ur Need Coverage? How Does Your Insurer Rate? State Insurance Information Find n mms by state or coverage type. Enter a Company Name 6el¢Ly a Stale Conarmer Hams I Terms to Know I Why a Bests Ra 1hg is Imponant I Contact IJ, Life & Retirement O Health S Disability Q Car & Home O Other Life Events iLiberty Mutual Insurance Company 8 —pnet his page ce memeer n o>erty coma., Ionic. C.,vasl A M. ale pi Vl]aJ NNR 12JDt] I&A in 14- 1111411 Address'. 175 Berkeley Street Phone: 617 -357 -9500 Boston, MA 02117 Fax. 617 -574 -5955 UNITED STATES Web'. www LoartyMutualGroup open Best's Ratings View DeiNtion ! Need More information? Purchase an insurer report, complete with Financial Strength Rating: A Outlook: Stable rating history, market share and a list of competitive insurers for$ 995. Effective Date: September 24, 2014 ( or greater) V ew $ample Beni Financial Size Category : XV ($2 Billion or greater) Licensing: The company is licensed in the District of Columbia, Puerto Rico, U.S. Virgin Islands and all stales. Its also licensed in all Canadian provinces and territories. Top Lines) of Business Icrseavvoopoctm.on :w,meot 1, Inland Marine (vew orFrican ) 2. Auto (Personal) Mew Denmloet 3. Surety phew oenmwnt 4. Other Liability (Occurrence) (L— per mso) 5. Other Liability (Claims -made) rive.Dennnmel Top State(s) of Business Ieesee upon a,en erannmms wini 1. 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Alt unauthorized use of Best's Credit Ratings or other published information is strictly prohibited By logging into Best's Member Center or accessing this site, you accept and agree to be bound by our complete Terms of Use. Cusamer Bernina I Product Suo1Ort I Member Crater I Contact into t Cere_rs About A M Best I Sltaan I Privacy Policr I Serum I Terms Of Us a I Local & Licensing Copyright ® 2014 A M. Best Company, Inc. ALL RIGHTS RESERVED. LA.M. Best Worldwide Headquarters, Ambest Road, Oldwick, New Jersey, 06650, U. SA. http: / /www3.ambest.com/ Consumers /Comr)anyProftle.asi)x ?BL =36 &ambnum= 002283 &P... 9/30/2014 WASHINGTON Escrow Agreement For Retainage Declined DOOLITTLE CONSTRUCTION, 1900 118TH AVENUE SE, BELLEVUE, WA, 98390, (CONTRACTOR) acknowledges that they have been offered the option of setting up an escrow agreement for their retainage on Contract No. 14 -22, Project No. CP1410, 2014 ARTERIAL AND COLLECTOR CRACK SEAL. The CONTRACTOR declines to set up an escrow agreement and understands that the City will hold the 5% retainage with no interest until the project is complete, accepted by the City, and all releases and liens have been satisfied. Print or Type Name ,?- z5- -/5/ Date File: 13.11 (CP1410) AUBURN *MOPE THAN YOU IMAGINED Client #:324689 DOOLICON ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) s/za/2o1a 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 - Kibble & Prentice, a USI Co 601 Union Street, Suite 1000 Seattle, WA 98101 CONTACT (NAME: PHONE 206 441.6300 FAX 610- 362 -8530 O Ez[: AIC, No: - E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Alaska National Insurance Co 38733 S100000 INSURED Doolittle Construction LLC INSURER B PERSONAL B ADV INJURY $1,000,000 1900 118th Avenue S.E. INSURER c : $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY F7 PEC0. LOC PRODUCTS - COMPIOP AGG Bellevue, WA 98005 INSURER D: S A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS INSURER E' INSURER F. 02118120114 02118 /2015. COMBINED SINGLE LIMIT Eaacudent BODILY INJURY (Per person) INJURY BODILY INJU (Per accident P I PROPERTY DAMAGE Per accitlent 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 CONTRACTOR 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. LTRR TYPE OF INSURANCE ADOL SUBR' INSR MD I POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY ) LIMITS A GENERALLIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 51 OCCUR X PD Ded:1,000 14BPS08289 2/18/2014 02/18/2015 EEoACH�CO�CCCTURRENCE $1,00,0100 PAEAISESOEaEOCCmrence S100000 MED EXP (Any one person) s5,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY F7 PEC0. LOC PRODUCTS - COMPIOP AGG $2,000,000 S A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS 14BAS08289 02118120114 02118 /2015. COMBINED SINGLE LIMIT Eaacudent BODILY INJURY (Per person) INJURY BODILY INJU (Per accident P I PROPERTY DAMAGE Per accitlent 1,000,000 $ $ X $ $ A X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE 14BLU08289 1 2/18/2014 02/18/2015 EACH OCCURRENCE s41000.000 AGGREGATE $4 000 OOO DEO X RETENTION $10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? I NJ (Mandatory in NH) If yes, de�rrths nder DESCRIPTION OF OPERATIONS below NIA 14BPS08289 (WA Stop Gap) 2/16/2014 02/16/2015 we sTATU- OTH- E.L. EACH ACCDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1000000 EL .DISEASE - POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ANach ACORD 101, Additional Remarks Schedule, it more space is required) RE: Project #CP1410, 2014 Arterial and Collector, Crack Seal Project. The General Liability, Automobile Liability and Umbrella Liability policies include blanket Additional Insured endorsements #ANICGL10610308, ANICCA11501013, C000010413 that provide Additional Insured status to the Certificate Holder, The Contracting Agency and its officers, elected officials, employees, agents and volunteers only when there is a written contract that requires such status, and only with regard to work (See Attached Descriptions) City of Auburn 25 West Main Street Auburn, WA 98001 -4998 ACORD 25 (2010105) 1 of 2 #S133480541M11694343 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SXEZP DESCRIPTIONS (Continued from Page 1) performed on behalf of the named insured. The General Liability policy-contains endorsement #ANICGL10610308 with Primary and Noncontributory wording. SAGITTA 25.3 (2010105) 2 of 2 #S13348054/M11694343 INS/ E CO-ona ADDITIONAL INSURED (CONTRACTORS) - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Who Is An Insured (Section II) is amended to ii, supervisory, inspection, or engineering include as an insured any person or organization services. (herein referred to as an additional insured), but only H you are required to add that person or c. The insurance provided to the additional organization as an insured to this policy by a insured, referred to in paragraph 1. of this written contract that is in effect prior to the "bodily endorsement, does not cover'bodily injury" or injury', "property damage ", or "personal and "property damage" caused by your negligent advertising injury'. acts and omissions in the performance of "your work" that occurs within the "products - 2. The insurance provided to the additional Insured completed operations hazard," unless the is limited as follows: written contract, referred to in paragraph 1. of this endorsement, contains a specific a. That person or organization is only an requirement that you procure completed additional insured if, and only to the extent operations coverage or coverage within the that, the injury or damage is caused by "products- completed operations hazard" for negligent acts or omissions of you or your the additional insured. However, even if subcontractor in the performance of "your coverage within the "products- completed work" to which the written contract applies. operations hazard" is required by the written The person or organization does not qualify contract, such coverage is available to the as an additional insured with respect to injury additional insured only if the 'bodily injury" or or damage caused in whole or in part by "property damage" occurs prior to the end of independent negligent acts or omissions of the time period during which you are required such person or organization. by the written contract to provide such coverage or the expiration date of the policy, b. The insurance provided to the additional whichever comes first. insured does not apply to "bodily injury", "property damage ", or "personal and 3. If other valid and collectible insurance, whether on advertising injury' arising out of an architect's, a primary, excess, contingent or any other basis, engineer's, or surveyor's rendering of or is available to the additional insured for a loss we failure to render any professional services cover under this endorsement, then the insurance including: provided by this endorsement is excess over that other insurance. However, the insurance provided i. the preparing, approving, or failing to by this endorsement will be primary to other prepare or approve maps, drawings, insurance on which the additional insured is a opinions, reports, surveys, change orders, named insured for the covered loss, if the written design or specifications; and contract, referred to in paragraph 1. of this AN IC GL 106103 08 Insured Copy Page t of 2 INSURANCE. COMPANY endorsement, contains a specific requirement that this insurance be primary or primary and non- contributory. In that case we will not share with that other insurance on a pro-rata or other basis. If the other insurance available to the additional insured, whether on a primary, excess, contingent or any other basis, is coverage for which it has been named as an additional insured, then the coverage provided by this endorsement is excess over that other insurance. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is Issued subsequent to commencement of the policy. Endorsement Effective 02/18/2014 Policy No. 14BPS08289 Insured Doolittle Construction LLC Countersigned By Endorsement No. 15 ANIC GL 106103 08 Insured Copy Page 2 of 2 l ,Alaska AbUonal NSURANCE COMPANY BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM Various provisions in this endorsement restrict SECTION IV — Business Auto Conditions, coverage. Read the entire policy carefully to Paragraph A. 5. — Transfer of Rights of Recovery determine rights, duties, and what is and is not Against Others To Us is amended to include: covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we ", "us ", and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V — DEFINITIONS in the Business Auto Coverage Form. The coverages provided by this endorsement apply per "accident" and, unless otherwise specified, are subject to all of the terms, conditions, exclusions and deductible provisions of the policy, to which it is attached. SECTION II — COVERED AUTO LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include: d. Any "employee" of yours while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. e. Any person or organization for whom you have agreed in writing to provide insurance such as is afforded by this Coverage Form, but only with respect to liability arising out of the ownership, maintenance or use of "autos" covered by this policy. If such person or organization has other insurance then this insurance is primary to and we will not seek contribution from the other insurance. 5. Transfer of Rights of Recovery Against Others to Us This condition does not apply to any person(s) or organization(s) to the extent that subrogation against that person or organization is waived prior to the "accident" or the "loss" under a contract with that person or organization. SECTION II — COVERED AUTO LIABILITY COVERAGE, Paragraph A.2.a. (2) — Supplementary Payments is replaced by the following: (2) Up to $10,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. SECTION II — COVERED AUTO LIABILITY COVERAGE, Paragraph A.2.a. (4) — Supplementary Payments is replaced by the following: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. ANIC CA 1150 10 13 Page 1 of 4 ,Alaska National NSURANCE SECTION II — COVERED AUTO LIABILITY COVERAGE, Paragraph A.2.c. — Voluntary Property Damage is added as follows: c. Voluntary Property Damage At your written request, we may make a voluntary payment for Property Damage caused by an "insured ", but without liability to a third party, up to $25,000. We will not make a Voluntary Property Damage payment to anyone who is an "insured" under this policy. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.2. — Towing is replaced by the following: Towing We will pay up to $500 for towing and labor costs incurred each time a covered "auto" that is a: a. Private passenger; b. Truck; c. Pick -up truck; d. Panel ; or e. Van type vehicle under 20,000 lbs. of Gross Vehicle Weight is disabled. However, the labor must be performed at place of disablement. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.3. — Glass Breakage — Hitting a Bird or Animal — Falling Objects or Missiles is replaced by the following: Glass Breakage — Hitting a Bird or Animal — Falling Objects or Missiles If you carry Comprehensive Coverage for the damaged covered "auto ", we will pay the following under Comprehensive Coverage: a. Glass Breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. Glass Repair —Waiver of Deductible No deductible applies to glass breakage, if the glass is repaired rather than replaced. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.4.a. — Transportation Expenses is replaced by the following: a. Transportation Expenses We will pay up to $200 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" that is a: (1) Private passenger; (2) Truck; (3) Pick -up truck; (4) Panel; or (5) Van type vehicle under 20,000 lbs. of Gross Vehicle Weight. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss ". ANIC CA 1150 10 13 Page 2 of 4 q/ ,Alaska EAbUonal NSURANC COMPANY SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph AA.b. — Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses — Hired, Rented, or Borrowed Automobiles We will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle hired, rented or borrowed without a driver under a written rental contract or agreement. We will pay for loss of use expenses, if caused by: (1) Other than Collision, only if the Declarations indicate that Comprehensive Coverage is provided for the vehicle withdrawn from service. (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for the vehicle withdrawn from service. (3) Collision only if the Declarations indicate that Collision Coverage is provided for the vehicle withdrawn from service. However, the most we will pay for any expenses for loss of use is $200 per day, to a maximum of $1,500. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph AA.c. — Non - Transportation Loss of Use Expenses is added as follows: c. Non - Transportation Expenses We will pay up to transportation expense because of 'loss" to a caused by: Loss of Use $2,000 for non - incurred by you, covered "auto ". if (1) Other than Collision, only if the Declarations indicate that Comprehensive Coverage is provided for the "auto' withdrawn from service; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for the "auto" withdrawn from service; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for the "auto' withdrawn from service. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph AAA. — Airbag Coverage is added as follows: d. Airbag Coverage We will pay for the cost to repair, replace, or reset an airbag that inflates for any reason other than as a result of a collision, if the Declarations indicate that the covered "auto' has Comprehensive Coverage or Specified Causes of Loss Coverage. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph AA.e. — Rental Reimbursement Coverage is added as follows: e. Rental Reimbursement Coverage We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto" that is a: (1) Private Passenger; (2) Truck; (3) Pick -up truck; (4) Panel; or (5) Van type vehicle under 20,000 lbs. of Gross Vehicle Weight. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto'. No deductibles apply to this coverage. ANIC CA 1150 10 13 Page 3 of 4 / Alaska NIatM®nal INSURANCE (1) We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto ". (b) 30 days. (2) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (3) The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on Rental Reimbursement Coverage Form CA 99 23. SECTION IV — BUSINESS AUTO CONDITIONS — Paragraph B.2. — Concealment, Misrepresentation Or Fraud is amended by adding Unintentional Failure to Disclose Hazards at the end of Paragraph B.2. as follows: Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. SECTION IV — BUSINESS AUTO CONDITIONS — Paragraph B.5.1b. — Other Insurance is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent, or borrow; and (2) Any covered "auto "" hired or rented by your "employee' under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto'. SECTION V — DEFINITIONS — Paragraph C. — "Bodily injury" is replaced by the following: C. "Bodily injury' means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these. Mental anguish means any type of mental or emotional illness or disease This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective 02/18/2014 Insured Doolittle Construction LLC Countersigned By Policy No. 14BPS08289 © Insurance Services Office, Inc., 2009 Endorsement No. ANIC CA 1150 10 13 Page 4 of 4 COMMERCIAL LIABILITY UMBRELLA CU 00 01 04 13 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we ", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the "ultimate net loss" in excess of the "retained limit" because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking damages for such "bodily injury" or "property damage" when the "underlying insurance" does not provide coverage or the limits of "underlying insurance" have been exhausted. When we have no duty to defend, we will have the right to defend, or to participate in the defense of, the insured against any other "suit" seeking damages to which this insurance may apply. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. At our discretion, we may investigate any "occurrence" that may involve this insurance and settle any resultant claim or "suit" for which we have the duty to defend. But: (1) The amount we will pay for the "ultimate net loss" is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to. pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" or '.property damage" that is subject to an applicable "retained limit ". If any other limit, such as a sublimit, is specified in the "underlying insurance ", this insurance does not apply to "bodily injury" or "property damage" arising out of that exposure unless that limit is specified in the Declarations under the Schedule of "underlying insurance ". c. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury' or "property damage" is caused by an "occurrence" that takes place in the "coverage territory "; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1.a. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or .'property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. d. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1.a. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. CU 00 01 04 13 © Insurance Services Office, Inc., 2012 . Page 1 of 18 e. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.a. of Section 11 — 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; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage "; or (3) Becomes aware by any other means, that "bodily injury" or "property damage" has occurred or has begun to occur. f. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" 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: (1) That the insured would have in the absence of the contract or agreement; or (2) 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 purposes of liability assumed in an "insured contract ", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury' or .'property damage', provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract "; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor 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 furnishing 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 even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured: or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage" involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid "underlying insurance" for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury" and '.property damage ". To the extent this exclusion does not apply, the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance ", unless otherwise directed by this insurance. Page 2 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 0413 d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ( ERISA), and any amendments thereto or any similar federal, state or local statute. f. Auto Coverages (1) "Bodily injury' or "property damage" arising out of the ownership, maintenance or use of any "auto" which is not a "covered auto "; or (2) Any loss, cost or expense payable under or resulting from any first -party physical damage coverage; no -fault law; personal injury protection or auto medical payments coverage; or uninsured or underinsured motorist law. g. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) 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 Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract ". With respect to injury arising out of a "covered auto ", this exclusion does not apply to "bodily injury' to domestic "employees" not entitled to workers' compensation benefits. For the purposes of this insurance, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. This exclusion does not apply to the extent that valid "underlying insurance" for the employer's liability risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury". To the extent this exclusion does not apply, the insurance provided under this Coverage Part for the employer's liability risks described above will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance ", unless otherwise directed by this insurance. h. Employment- related Practices "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment - related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment - related practices described in Paragraph (a), (b), or (c) above is directed. This exclusion applies whether the injury- causing event described in Paragraph (a), (b) or (c) above occurs before employment, during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of the injury. i. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time; or (2) "Pollution cost or expense ". CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 18 This exclusion does not apply if valid "underlying insurance" for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury" and "property damage ". To the extent this exclusion does not apply, the insurance provided under this Coverage Part for the pollution risks described above will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance ", unless otherwise directed by this insurance. j. Aircraft Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft 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 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 50 feet long; and (b) Not being used to carry persons or property for a charge; (3) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (4) The extent that valid "underlying insurance" for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury" or "property damage'. To the extent this exclusion does not apply, the insurance provided under this Coverage Part for the aircraft or watercraft risks described above will follow the same provisions, exclusions and limitations that are contained in the "underlying insurance', unless otherwise directed by this insurance; or (5) Aircraft that is: (a) Chartered by, loaned to, or hired by you with a paid crew; and (b) Not owned by any insured. I Racing Activities "Bodily injury" or "property damage" arising out of the use of "mobile equipment" or "autos" in, or while in practice for, or while being prepared for, any prearranged professional or organized racing, speed, demolition, or stunting activity or contest. I. War "Bodily injury" or "property damage ", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected 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. m. Damage To Property "Property damage" to: (1) Property: (a) 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 another's property; or (b) Owned or transported by the insured and arising out of the ownership, maintenance or use of a "covered auto ". (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those 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 which 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 Page 4 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. 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 (1)(b), (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 liability assumed under a written Trailer Interchange agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard ". n. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. o. 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. p. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work ", or (2) 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. q. Recall Of Products, Work Or Impaired Property (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. r. Personal And Advertising Injury "Bodily injury" arising out of 'personal and advertising injury". s. Professional Services "Bodily injury" or "property damage" due to rendering of or 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, surveys, field orders, change orders or drawings or specifications; (3) Inspection, supervision, quality control, architectural or engineering activities done by or for you on a project on which you serve as construction manager; (4) Engineering services, including related supervisory or inspection services; (5) Medical, surgical, dental, X -ray or nursing services treatment, advice or instruction; (6) Any health or therapeutic service treatment, advice or instruction; (7) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy; (8) Any service, treatment, advice or instruction relating to physical fitness, including service, treatment, advice or instruction in connection with diet, cardiovascular fitness, bodybuilding or physical training programs; (9) Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (10) Body piercing services; (11) Services in the practice of pharmacy; Damages claimed for any loss, cost or (12) Law enforcement or firefighting services, expense incurred by you or others for the loss and of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal (13) Handling, embalming, disposal, burial, of: cremation or disinterment of dead bodies. (1) "Your product "; (2) "Your work "; or CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 18 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 rendering of or failure to render any professional service. t. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access or inability to manipulate electronic data. However, this exclusion does not apply to liability for damages because of "bodily injury'. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid "underlying insurance" for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury' and "property damage ". The insurance provided under this Coverage Part will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance ", unless otherwise directed by this insurance. u. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate. (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN -SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the .,ultimate net loss" in excess of the "retained limit" because of "personal and advertising injury' to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking damages for such '.personal and advertising injury" when the '.underlying insurance' does not provide coverage or the limits of "underlying insurance" have been exhausted. When we have no duty to defend, we will have the right to defend, or to participate in the defense of, the insured against any other "suit" seeking damages to which this insurance may apply. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. At our discretion, we may investigate any offense that may involve this insurance and settle any resultant claim or "suit" for which we have the duty to defend. But: (1) The amount we will pay for the "ultimate net loss" is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" that is subject to an applicable "retained limit ". If any other limit, such as a sublimit, is specified in the .'underlying insurance ", this insurance does not apply to "personal and advertising injury" arising out of that exposure unless that limit is specified in the Declarations under the Schedule of "underlying insurance'. c. This insurance applies 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. Page 6 of 18 © Insurance Services Office, Inc., 2012 CU 00 0104 13 2. Exclusions This insurance does not apply to: a. "Personal and advertising injury': (1) Knowing Violation Of Rights Of Another Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". (2) Material Published With Knowledge Of Falsity Arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. (3) Material Published Prior To Policy Period Arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. (4) Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. (5) Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (a) Liability for damages that the insured would have in the absence of the contract or agreement. (b) Liability for false arrest, detention or imprisonment assumed in a contract or agreement. (6) Breach Of Contract Arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement ". (7) Quality Or Performance Of Goods — Failure To Conform To Statements Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement ". (8) Wrong Description Of Prices Arising out of the wrong description of the price of goods, products or services stated in your "advertisement ". (9) Infringement Of Copyright, Patent, Trademark Or Trade Secret Arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement ". However, this exclusion does not apply to infringement, in your "advertisement ", of copyright, trade dress or slogan. (10) Insureds In Media And Internet Type Businesses 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 service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. (11) Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. (12) Unauthorized Use Of Another's Name Or Product Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. (13) Pollution Arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. CU 00 01 0413 © Insurance Services Office, Inc., 2012 Page 7 of 18 (14) Employment - related Practices To: (a) A person arising out of any: (i) Refusal to employ that person; (ii) Termination of that person's employment; or (iii) Employment - related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or (b) The spouse, child, parent, brother or sister of that person as a consequence of 'personal and advertising injury" to that person at whom any of the employment - related practices described in Paragraph (i), (ii) or (iii) above is directed. This exclusion applies whether the injury- causing event described in Paragraph (i), (ii) or (iii) above occurs before employment, during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (15) Professional Services (f) Any health or therapeutic service treatment, advice or instruction; (g) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy; (h) Any service, treatment, advice or instruction relating to physical fitness, including service, treatment, advice or instruction in connection with diet, cardiovascular fitness, bodybuilding or physical training programs; (1) Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; 0) Body piercing services; (k) Services in the practice of pharmacy; (I) Law enforcement or firefighting services; and (m) Handling, embalming, disposal, burial, cremation or disinterment of dead bodies. 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 offense which caused the 'personal and advertising injury", involved the rendering of or failure to render.any professional service. Arising out of the rendering of or failure to (16) War render any professional service. This However caused, arising, directly or includes but is not limited to: indirectly, out of: (a) Legal, accounting or advertising (a) War, including undeclared or civil war; services; (b) Warlike action by a military force, (b) Preparing, approving, or failing to including action in hindering or prepare or approve, maps, shop defending against an actual or expected drawings, opinions, reports, surveys, attack, by any government, sovereign or field orders, change orders or drawings other authority using military personnel or specifications; or other agents; or (c) Inspection, supervision, quality control, (c) Insurrection, rebellion, revolution, architectural or engineering activities usurped power, or action taken by done by or for you on a project on which governmental authority in hindering or you serve as construction manager; defending against any of these. (d) Engineering services, including related supervisory or inspection services; (e) Medical, surgical, dental, X -ray or nursing services treatment, advice or instruction; Page 8 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 (17) Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate: (a) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (b) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; (c) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (d) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN -SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. b. "Pollution cost or expense" SUPPLEMENTARY PAYMENTS — COVERAGES A AND B We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend, when the duty to defend exists: a. All expenses we incur. b. Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "occurrence" we cover. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit ". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. 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 offe r. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. When we have the right but not the duty to defend the insured and elect to participate in the defense, we will pay our own expenses but will not contribute to the expenses of the insured or the "underlying insurer ". 3. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit ", we will defend that indemnitee if all of the following conditions are met: a. 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 "; b. This insurance applies to such liability assumed by the insured; c. 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'; d. 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 interests of the indemnitee; e. 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 f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit ", (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit "; (c) Notify any other insurer whose coverage is available to the indemnitee; and CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 18 (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit "; and (b) Conduct and control the defense of the indemnitee in such "suit ". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, 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 we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION 11— WHO IS AN INSURED Except for liability arising out of the ownership, maintenance or use of "covered autos ": a. If you are designated in the Declarations as: (1) 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. (2) A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. (3) 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. (4) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (5) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. b. Each of the following is also an insured: (1) Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees ", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (a) "Bodily injury" or "personal and advertising injury": (i) 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), to a co- "employee" in the course of his or her employment or performing duties related to the conduct of your business or to your other "volunteer workers" while performing duties related to the conduct of your business; (ii) To the spouse, child, parent, brother or sister of that co- "employee" or "volunteer worker" as a consequence of Paragraph (a)(i) above; or (iii) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (a)(1) or (ii) above. (b) "Property damage" to property: (i) Owned, occupied or used by; (ii) 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). (2) Any person (other than your "employee' or "volunteer worker "), or any organization while acting as your real estate manager. Page 10 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 (3) Any person or organization having proper temporary custody of your property if you die, but only: (a) With respect to liability arising out of the maintenance or use of that property, and (b) Until your legal representative has been appointed. (4) 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 Coverage Part. c. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: (1) Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; (2) Coverage A does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the organization; and (3) Coverage B does not apply to "personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership, maintenance or use of "covered autos ": a. You are an insured. b. Anyone else while using with your permission a "covered auto" you own, hire or borrow is also an insured except: (1) The owner or anyone else from whom you hire or borrow a "covered auto ". This exception does not apply if the "covered auto' is a trailer or semitrailer connected to a "covered auto' you own. (2) Your "employee" if the "covered auto" is owned by that "employee" or a member of his or her household. (3) Someone using a "covered auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees', partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees ", while moving property to or from a "covered auto ". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a "covered auto' owned by him or her or a member of his or her household. (6) "Employees" with respect to "bodily injury" to: (a) Any fellow "employee" of the insured arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or (b) The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph (a) above. c. Anyone liable for the conduct of an insured described above is also an insured, but only to the extent of that liability. 3. Any additional insured under any policy of "underlying insurance" will automatically be an insured under this insurance. Subject to Section III — Limits Of Insurance, if coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement, less any amounts payable by any "underlying insurance" or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the "underlying insurance ". 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. CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 111 of 18 SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made, "suits" brought, or number of vehicles involved; or c. Persons or organizations making claims or bringing "suits ". 2. The Aggregate Limit is the most we will pay for the sum of all "ultimate net loss" under: a. Coverage A, except "ultimate net loss" because of "bodily injury" or "property damage" arising out of the ownership, maintenance or use of a "covered auto ": and b. Coverage B. 3. Subject to Paragraph 2. above, the Each Occurrence Limit is the most we will pay for the sum of all "ultimate net loss" under Coverage A because of all "bodily injury" and "property damage" arising out of any one "occurrence ". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all "ultimate net loss" because of all "personal and advertising injury" sustained by any one person or organization. S. If there is "underlying insurance" with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part, the "retained limit(s)" will only be reduced or exhausted by payments for: a. "Bodily injury' or "property damage' which occurs during the policy period of this Coverage Part; or b. "Personal and advertising injury" for offenses that are committed during the policy period of this Coverage Part. However, if any "underlying insurance" is written on a claims -made basis, the "retained limit(s)" will only be reduced or exhausted by claims for that insurance that are made during the policy period, or any Extended Reporting Period, of this Coverage Part. The Aggregate Limit, as described in Paragraph 2. above, applies 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 for 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. SECTION IV — CONDITIONS 1. Appeals If the "underlying insurer" or insured elects not to appeal a judgment in excess of the "retained limit ", we may do so at our own expense. We will also pay for taxable court costs, pre- and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section III — Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the "underlying insurer" will not relieve us of our obligations under this Coverage Part. However, this insurance will not replace the "underlying insurance" in the event of bankruptcy or insolvency of the "underlying insurer ". This insurance will apply as if the "underlying insurance" were in full effect. 3. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless of the amount, which may result 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. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. 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'; Page 12 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or 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 which may be liable to the insured because of injury or damage to which this insurance may also apply. d. 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. 4. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. S. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. b. When this insurance is excess over other insurance, we will pay only our share of the "ultimate net loss" that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and (2) The total of all deductible and self- insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 7. Representations Or Fraud By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; c. We have issued this policy in reliance upon your representations; and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment 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 "suit" or transfer those rights to us and help us enforce them. CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 18 10. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 11. Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until: a. The insured or insured's "underlying insurer'. has become obligated to pay the "retained limit "; and b. The obligation of the insured to pay the "ultimate net loss" in excess of the "retained limit" has been determined by a final settlement or judgment or written agreement among the insured, claimant and us. 12. Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements, the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or "suits' seeking damages to which this insurance applies which would have been covered by the "underlying insurance" had the applicable limit not been used up. 13. Maintenance Of /Changes To Underlying Insurance Any "underlying insurance" must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such "underlying insurance' that results from payment of claims, settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain "underlying insurance ". Failure to maintain "underlying insurance" will not invalidate insurance provided under this Coverage Part, but insurance provided under this Coverage Part will apply as if the "underlying insurance" were in full effect. If there is an increase in the scope of coverage of any "underlying insurance" during the term of this policy, our liability will be no more than it would have been if there had been no such increase. You must notify us in writing, as soon as practicable, if any "underlying insurance" is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any "underlying insurance" is changed. 14. Expanded Coverage Territory a. If a "suit" is brought in a part of the "coverage territory" that is outside the United States of America (including its territories and possessions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from defending the insured, the insured will initiate a defense of the "suit ". We will reimburse the insured, under Supplementary Payments, for any reasonable and necessary expenses incurred for the defense of a "suit" seeking damages to which this insurance applies, that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the "coverage territory' that is outside the United States of America (including its territories and possessions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from paying such sums on the insured's behalf, we will reimburse the insured for such sums. b. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. All payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. c. Any disputes between you and us as to whether there is coverage under this policy must be fled in the courts of the United States of America (including its territories and possessions), Canada or Puerto Rico. d. The insured must fully maintain any coverage required by law, regulation or other governmental authority during the policy period, except for reduction of the aggregate limits due to payments of claims, judgments or settlements. Failure to maintain such coverage required by law, regulation or other governmental authority will not invalidate this insurance. However, this insurance will apply as if the required coverage by law, regulation or other governmental authority was in full effect. Page 14 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment ". 3. "Bodily injury" means bodily injury, disability, sickness or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". 4. "Coverage territory" means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. 5. "Covered auto" means only those "autos" to which "underlying insurance" applies. 6. "Employee" includes a "leased worker ". "Employee" does not include a "temporary worker ". 7. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 8. "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 the repair, replacement, adjustment or removal of "your product" or "your work ", or your fulfilling the terms of the contract or agreement. 9. "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 to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract "; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees ", of any "auto ". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees ". g. 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. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That pertains to the loan, lease or rental of an "auto" to you or any of your "employees ", if the "auto" is loaned, leased or rented with a driver; or Cu 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 18 (3) That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a "covered auto" over a route or territory that person or organization is authorized to serve by public authority. 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker ". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where It Is accepted for movement into or onto an aircraft, watercraft or "auto' b. While it is in or on an aircraft, watercraft or "auto" or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto ". 12. "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, maintained primarily to provide mobility to 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 Paragraph a., b., c. or d. above that are not self - propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph 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 designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos ". 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement ": or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement ". Page 16 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 18. "Pollution cost or expense" means 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, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants "; or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants ". 17. "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 completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury' or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 18. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. With respect to the ownership, maintenance or use of "covered autos ", property damage also includes "pollution cost or expense ", but only to the extent that coverage exists under the "underlying insurance" or would have existed but for the exhaustion of the underlying limits. For the purposes of this insurance, with respect to other than the ownership, maintenance or use of "covered autos ", electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 19. "Retained limit" means the available limits of "underlying insurance" scheduled in the Declarations or the "self- insured retention ", whichever applies. 20. "Self- insured retention" means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to "occurrences' or offenses not covered by the "underlying insurance ". The "self - insured retention" does not apply to "occurrences" or offenses which would have been covered by "underlying insurance" but for the exhaustion of applicable limits. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent, or CU 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 17 of 18 b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the "underlying insurer's" consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short - term workload conditions. 23. "Ultimate net loss" means the total sum, after reduction for recoveries or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the .'underlying insurer's" consent. 24. "Underlying insurance" means any policies of insurance listed in the Declarations under the Schedule of "underlying insurance ". 25. "Underlying insurer" means any insurer who provides any policy of insurance listed in the Schedule of "underlying insurance ". 26. "Volunteer worker" means a person who is not your "employee ", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 27. "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 vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product "; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28. "Your work ": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work'; and (2) The providing of or failure to provide warnings or instructions. Page 18 of 18 © Insurance Services Office, Inc., 2012 CU 00 01104 13 p Search > ALASKA NATIONAL INSURANCE COMPANY ALASKA NATIONAL INSURANCE COMPANY _.... I g Appointments I Complaints I Orders I Vaaonal Inro I Fa„pngs General ent3rL �ICen�ln A OmemenCS _ Back to Search General information Name: ALASKA NATIONAL INSURANCE COMPANY Corporate family group: n/a v,_a.„t„_' Organization type: PROPERTY WAOIC: 24 NAIC: 38733 Status: ACTIVE Admitted date: 06/25/1984 Ownership type: STOCK - back to top Contact information Registered address 7001 JEWEL LAKE RD ANCHORAGE, AK 99502 Telephone 907 - 248 -2642 Types of coverage authorized to sell ,•, „W ,,lh,_> Insurance tunes Icasua¢y Marine Ocean Marine i hack to top Pagel of 2 Mailing address 7001 JEWEL LAKE RD ANCHORAGE, AK 99502 Telephone 907 -248 -2642 Agents and agencies that represent this company (Appointments) _..3at•;, View agents View agencies bac0 to tot Company complaint history View complaints back to too Disciplinary orders 2008 -2014 No disciplinary orders are found The orders posted here are unverified electronic duplicates of the official orders actually entered. To be certain you have the official version of the order as entered, request a hard copy from Renee Molnes at 360 - 725 -7047 or email legal @oic.wa.gov. Looking for other orders? Our online orders search allows you to search a ten year history of all orders, including enforcement orders, administrative orders, and general orders. - oac_m tip National information on insurance companies httn: / /wAvw.ins prance. wa. Lr nv/ cnnsumertnnikit/ Cmmna nv /CmmnanvProfile.asnx?WAOIC. =74 O11017f)14 A.M. Best's Consumer Insurance Information Center Page 1 of I [AV, Best's Qla t i Lt ce CyQFi G a: Member Center LouI ISign Up Need Coverage? ® How Does Your Insurer Rate? State Insurance Information Find Insurers by state or coverage type. Emeracompany uame I select .a score Consumer Home I Terms Ip Know I v by a Bed's Ratng Is Important I Cont., Us 19 Life & Retirement © Health & Disability Car & Home Q Other Life Events Alaska National Insurance Company [a Print this pan j e, M. 0'" I looll NAIC X 11111 FEIN p 91,1111654 Address. 7001 Jewel Lake Road Phone. 907- 248 -2642 Anchorage, AK 99502 -2825 Fax: 907- 266 -9252 UNITED STATES Web w,vw slaskanaticnal. coin Best's Ratings View Deiinition Need More information? Financial Strength Rating: A PUFchase an insurer report, complete with Outlook' Stable (I rating history, market share and a list of Effective Date. July 25, 2014 (Affirmed I competitive insurers for $ 9.95. Financial Size Category: IX (j250 Million to $500 Million) V ew Samolo Paid, Licensing: The company is licensed in AL, AK, AZ, CA, CO, FL, HI, ID, IL, IA, i LA, MN, MS, MO, MT, NV, NM, ND, OK, OR, SD, TX, UT, WA and WI. Top Lines) of Business (based upon ounce aremume wide, 1. Workers' Compensation (vie. Denmrmn I 2. Auto (Commercial) phew, Dernamn t 1 3. Commercial Multiple Peril phew Deny onl 4. Other Liability (Occurrence) infew Delon. I 5. Inland Marine (new Dennemn I Top State(s) of Business (m,eo upon Deed Premium. winner) 1. Alaska I 2. California 3, Washington 4. Idaho 5. Oregon Visit our NewsRoom for the latest News and Press Releases for this company and Its A.M. Best Group. Terms of Use All information provided on the A.M. Best webslte, including but not limited to text, data ratings, reports, images, photos, graphics, and chass is owned by or licensed to A.M. Best ' Company and is protected by United States copyright laws and international treaty provisions. A.M. Best and its licensors retain all copyright and other proprietary rights to the websi(e content. 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