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HomeMy WebLinkAboutContract 40767CIN SECRETARY i., CONTRACT NO. �,. PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Water Management, Inc. ("Consultant"), a Virginia Corporation and acting by and through James Russell (Russ) Horner, its duly authorized President and CEO. 1. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with professional consulting services for the purpose of promoting city-wide Industrial, Commercial and Institutional (ICI) water conservation initiatives for water saving recommendations. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Scope of Work, more specifically describing the services to be provided hereunder. 2. TERM. This Agreement shall commence upon September 1, 2010 ("Effective Date") and shall expire on, August 31, 2011, unless terminated earlier in accordance with the provisions of this Agreement. This Agreement shall have two one-year renewal options, which must be executed in writing by duly authorized representatives of both parties but shall not require City Council approval. 3. COMPENSATION. The City shall pay Consultant an annual amount not to exceed $200,000 in accordance with the provisions of this Agreement and the Payment Schedule attached as Exhibit "B," which is incorporated for all purposes herein. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. 4. TERMINATION. 4.1, Written Notice. The City or Consultant may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for services actually rendered up to the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. Form Services Agreement Water Management, Inc. Page 1 of 8 09-10-10 A)^0�40 IN OFFICIAL REi.;Uki) �lTY S�GRE�'�RY FTo WORTH, TX 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Consultant shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 6. RIGHT TO AUDIT. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the consultant involving transactions relating to this Contract at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. 8. LIABILITY AND INDEMNIFICATION. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, Form Services Agreement Water Management, Inc. Page 2 of 8 FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE or INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. 10. INSURANCE. Consultant shall provide the City with certificates) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $2,000,000 Aggregate (b) Automobile Liability $1,000,000 Each accident on a combined single limit basis or $250,000 Bodily injury per person $500,000 Bodily injury per occurrence $100,000 Property damage Coverage shall be on any vehicle used by the Consultant, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non -owned (c) Worker's Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev, Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee Form Services Agreement Water Management, Inc. Page 3 of 8 (d) Errors & Omissions (Professional Liability): $1,000,000 Each Claim Limit $2,000,000 Aggregate Limit If coverage is written on a claims -made basis, the retroactive date shall be coincident with or prior to the date to the contractual agreement. The certificate of insurance shall state that the coverage is claims -made and include the retroactive date. The insurance shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the services provided under the contractual agreement or for the warranty period, which ever is longer. An annual certificate of insurance submitted to the City shall evidence coverage. 10.2 Certificates. Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. All applicable policies shall be endorsed to name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agent, and volunteers in respect to the contracted services. All policies except Professional Liability shall provide a Waiver of Subrogation in favor of the City. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. The City reserves the right to make reasonable requests or revisions pertaining to the types and limits of that coverage. A minimum of thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Consultant's insurance policies. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 11. COMPLIANCE WITH LAWS ORDINANCES. RULES AND REGULATIONS. Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non- discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: Form Services Agreement Water Management, Inc. Page 4 of 8 To The CITY: City of Fort Worth Attn: Fernando Costa 1000 Throckmorton Fort Worth TX 76102-6311 Facsimile: (817) 392-8654 14. GOVERNMENTAL POWERS. To CONSULTANT: Water Management, Inc. Russ Horner 117 Clermont Avenue Alexandria, Virginia 223044837 Facsimile: (703) 370-9179 It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 15. NO WAIVER. The failure of the City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16. GOVERNING LAW /VENUE. This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division, 17. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. FORCE MAJEURE. The City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 19. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 20. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 21. AMENDMENTS /MODIFICATIONS / EXTENSTIONS. Form Services Agreement Water Management, Inc. Page 5 of 8 No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. 22. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 23. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. [SIGNATURE PAGE FOLLOWS] IN ITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this ��� day of ,2481�. Fernando Costa CITY OF FORT WORTH: Assistant City Manager Form Services Agreement Water Management, Inc. Page 6 of 8 FT. WORTH, TX Marty HenLix City Secretary Sr. Assistant City Attorney CONTRACT AUTHORIZATION: O&C: (': a4t4 -I Date Approved: a4� IQ Form Services Agreement Water Management, Inc. Page 2 of 8 Water Management, Inc.: Russ Horner President Date: I " 3 0 " WITNESS: A u L ClT�' ��trR� rARlf FT. WORTH, TX ATTACHMENT A SCOPE OF WORK The City of Fort Worth is seeking assistance with its efforts to (1) promote city-wide Industrial, Commercial and Institutional (ICI) water conservation initiatives, (2) assist in developing and implementing an ICI certification program, (3) conduct a comprehensive facility water audit for ICI customers and (4) present a detail written report with audit results, water saving recommendations and a return on investment projection to audit customers. Scope of Services Required Task I: The selected Consultant shall report to the Water Conservation Manager and shall provide independent, objective and expert guidance, recommendations, and assistance concerning implementing and work in all aspects of the City's Water Conservation initiatives relating to Industrial, Commercial and Institutional (ICI) customers of the City: • The Consultant shall employ a PC based relational customer database, fully compatible with the City's software), to compile results of audits (i.e. data and information from sites, customers and equipment). No proprietary software accepted • The Consultant shall identify potential ICI audit customers and rank and prioritize customers according to water usage and savings potential. The list shall include owners/operators, contact information, and type of facility. • The Consultant shall develop and employ a standard auditing and reporting protocol and format, as well as forms, checklists, and a "report generator". • The Consultant shall obtain, from City of Fort Worth .Water Department, information regarding water rates, as well as historical water use by Customer. Comparisons may also require energy rate data from other sources. • The Consultant shall develop &issue notification letter with requirement that a customer representative must be present during audit (estimated at typically 4-8 hours). • The Consultant shall assist the City in the development of program literature, including letters, brochures and application forms. • The Consultant shall develop a monthly report format and a yearly report format for reporting Consultant's efforts in facilitating the City of Fort Worth Water Department ICI Audit Program. • The Consultant shall be responsible for identifying and soliciting applicants for audits. • The Consultant shall provide equipment for monitoring, measuring, leak detection, testing and other necessary tools or equipment to perform the required tasks. • The Consultant shall set aside a minimum of three hours each month to meet with city staff and attend various meetings where their expertise is deemed a benefit to City of Fort Worth Water Department. • The Consultant shall assist and participate in annual stakeholder meetings. • The Consultant shall work with City of Fort Worth Water Department to develop a Cooling Tower Certification Program and to draft an ordinance establishing minimum standards for evaporative cooling towers in Fort Worth, TX. Task II: Standard Audits —water using fixtures will be audited using a standard process of evaluation to include a detail report of all water entering into the system and how it is utilized. The audit should highlight all inefficiencies and losses. Water using fixtures include, but are not limited to, fountains, production processes, toilets, faucets, sprayers, ice machines, dishwashers, laundry equipment, pools (swimming and decorative), etc. ■ The Consultant shall identify the location of water meters and or any other metering devices on the site. • The Consultant shall identify and evaluate the general condition of all water using fixtures and note the findings. Notes should include the location, years in use, hours of use, quantity of fixtures by type and note the standard usage amount ratings with current usage amounts. • The Consultant shall monitor for, detect and identify leaks existing in all water using fixtures and note the losses with quantification. • The Consultant shall identify any opportunities to optimize existing low-flow/use fixtures by adjusting settings or equipment and opportunities where operations and maintenance practices could be enhanced. • The Consultant shall identify high water use activities at the site, patterns of use, as well as, seasonal peak usage. • The Consultant shall be responsible for coordinating an irrigation audit with City staff and will include findings in final report. • The Consultant shall evaluate customer's water -use practices regarding processes or activities and determine if the potential exists to educate, restructure or find an alternative method that could provide savings to the customer. Task II Deliverables • The Consultant shall conduct meetings (either in -person) or by telephone with Customer to discuss results of audit report and recommendations for implementation of water conservation measures; • The Consultant shall develop and incorporate a plan for following up with audit customers in order to evaluate the effectiveness of the audit in bringing about change and to encourage the customer to incorporate the specific recommendations. • The Consultant shall perform a brief cost/benefit analysis, based on the specific audit recommendations that will help the end user in making the proper decisions. Task III: Cooling Towers —Consultant shall identify potential sites; arrange individual audits, and complete inspections and evaluations (in terms of water efficiency) of all water processes employed by any requesting City of Fort Worth Water Department Commercial and Industrial class water customer. Consultant will provide a professional audit and will generate a detailed audit report containing no less than the following parameters: • The Consultant shall determine long-term average cycles of concentration (ratio of cooling tower makeup water to Blowdown water) and identify potential water savings; • The Consultant shall identify and evaluate any past and present problems experienced with current processes and impacts on water use; • The Consultant shall provide a measurement of the cooling tower's "heat balance" or "approach to dew point" to include chlorine and hardness cycles to develop a percent for scale retardation; • The Consultant shall determine current cycles of concentration, plus the raw water baseline to assess water consumption and opportunity for reducing water consumption (with adjustment to cycles of concentration being dependent upon municipal water quality); • The Consultant shall develop an estimate of expected cycles from City water quality data. • The Consultant shall provide a measurement of the TDS and pH of the makeup and Blowdown water; Consultant shall assess condition of the makeup and Blowdown meters (if any); • The Consultant shall note the presence or absence of automatic instrumentation for controlling the blowdown rate of conductivity, as well as the equipment's efficiency in carrying out system requirements: • The Consultant shall provide the name, address, and telephone number of the current vendor providing chemical service for the cooling tower system, plus a description of the current chemical treatment methodology to include biological control measures; • The Consultant shall provide a description of the cooling tower design, to include manufacturer and estimate of numbers of years that the tower has been in service; • The Consultant shall note the tower control and fan motor operation (multi -speed or variable speed) and the presence or absence of a by-pass operation; • The Consultant shall provide a description of the type of filtration used (if any),$ e The Consultant shall identify the type of cooling tower packing/fill used, and any deterioration, blockage, clogging, or other conditions observed. This information will be provided as part of an evaluation of the overall cooling tower condition; • The Consultant shall evaluate the general condition of the cooling tower and associated pumps and any corrosion problems with piping or equipment. As necessary, this evaluation can be extended to internal piping; • The Consultant shall inspect the operation of the cooling tower basin level control valve for proper operation and shall note any defects associated with the valve; • The Consultant shall note the presence of any leaks, overflows or other observed conditions to include carryover and drift; • The Consultant shall develop and provide initial short and long-term recommendations for modified operating procedures, better chemical treatment, blowdown reuse, repairs and maintenance, or instrumentation and control/equipment upgrades that will ac- complish water conservation; • The Consultant shall provide recommendations for condensate recovery, where feasible, for cooling tower make-up; • The Consultant shall provide recommendations for the recovery of cooling tower blowdown for landscape irrigation purposes; • The Consultant shall provide recommendations for any minor, on the spot modifications, adjustments or simple repairs that will immediately enhance the efficiency of the cooling tower's operation from the standpoint of water conservation, • The Consultant shall evaluate chillers and all system components associated with the tower where modifications to equipment or procedures can directly impact both water and energy consumption. Task III Deliverables ■ The Consultant shall provide a copy of each individual audit report to both City of Fort Worth Water Department and the owner of the cooling tower for which the audit was conducted within 15 calendar days of audit completion date, ■ The Consultant shall conduct meetings (either in -person) or by telephone with Customer to discuss results of audit report and recommendations for implementation of water conservation measures; • The Consultant shall provide City of Fort Worth Water Department with a monthly report detailing its efforts in facilitating the City of Fort Worth's Water Conservation Department ICI Audit Program; • The Consultant shall as a result of efforts under Task III services, assist City of Fort Worth Water Department in developing acost/benefit analysis for future engineering analyses at each site; • The Consultant shall develop and incorporate a plan for following up with audit customers in order to evaluate the effectiveness of the audit in bringing about change and to encourage the customer to incorporate the specific recommendations. • The Consultant shall perform a brief cost/benefit analysis, based on the specific audit recommendations that will help the end user in making the proper decisions. Task IV: Additional Cooling Tower Evaluation —If requested by City of Fort Worth Water Department, as a follow-up task to the on -site audit conducted 9n section 2.3, Consultant shall conduct an Engineering Evaluation and prepare a report for a selected facility for the purpose of evaluating the effectiveness of a particular treatment method or technology in controlling scale, corrosion & biological contamination. The Evaluation will be custom -designed for each facility, based on the recommendations contained in the On -Site Audit Report. Such analyses shall be authorized by City of Fort Worth Water Department on a case -by -case basis, and a fee determined based on complexity of the Evaluation and the Consultant Fee Schedule listed in Attachment C. Task IV Deliverables -The Engineering Evaluation will include the following elements and information: • A site diagram including cooling tower, nearby structures including exhaust stacks within 100 feet of cooling tower, location of parking, incinerators, and type of ground cover. • A detailed cooling tower water flow diagram including the cooling tower(s), chillers, circulating lines, all heat transfer equipment, makeup water entry lines, and bleed -off lines. • All materials of construction in contact with the cooling water. • All operation specifications of cooling tower water system. • Complete history of cooling tower system relative to water treatment. • Complete monitoring information such as corrosion data, deposit monitoring, biomass monitoring, fill deposits, chemical levels, and water quality data. • A Complete report shall include all of the above, plus a precise conclusion stating the effectiveness or ineffectiveness of the specific method or technology in controlling scale, corrosion and microbiological contaminants. Task V: Additional Technical Seminars— Consultant shall assist the City with developing and implementing technical seminar events. These seminars will be designed to educate ICI audit customers. • The Consultant may be asked to aid in developing educational materials such as presentations, literature, brochures, hand-outs, etc. • The Consultant may be asked to speak with special interest groups or others in relation to ICI audits. • The Consultant may be asked to design demonstrations, models or other visual representations. Ln n m --I n n ou (') n n -< -nO O O O OO NO N Qr� ir+ ((A'*rr i v r rrr �C (vfD v rt o u v d o3a v a�i rw D chi n�i (D (n O- N N Q rrDD V�i D A W O 3 as rr O = TF C fl.. C Rome O O iJ� i/1• i/i 0) — 3 O O A cu N -O rr+ Oq 'O Fes. rr O �0 0) v 0 O 7 p 111 U N Ln rh 0rD ((DD 0 CD O U7 C � w � rrto rh — I O 6 (n o aoa o 0 0 0 0 o Q D Q c D 0 D h �' '.. �' t/� 3 S Ln N 7 (�D Q 7 O. 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Insurance Associates, Inc. 7315 Wisconsin Ave., #900E Bethesda MD 20814 Phone:301-986-4400 Water Management, Inc. Yvonne Horner 117 Clermont Avenue Alexandria VA 22304-4837 ONLY AND CONFERS NO RIGHTS UPON Ttie c:crt I Irll:ra c HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOV INSURERS AFFORDING COVERAGE NAIC # wsuRERA: TWIN CITY FIRE INS CO. A 29459 INSURERB: Hartford Im.Co of Midwest A 37478 INSURERC: HARTFORD CASUALTY INS. CO A 29424 INSURERD: Admiral Insurance Co A+ 24856 G V V Ct[AV C.7 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE W' RED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMIT'S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWS. ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI PX TYPE OF INSURANCE ERAL LIABILITY COMMERCIALGENERALLIABILITY CLAIMS MADE OCCUR POLICY NUMBER 42UUNUB6801 DATE MMIDDIYYYY O1/01/10 DATE 141M1DD/YYYY 01/01/11 LIMITS EACH OCCURRENCE $ 1 , 000 , 000 . PREMISES (Eaoccurence) $300,000. MED EXP (Any one person) $5 , O O O . PERSONAL & ADV INJURY $ 1 , 000 , 000 . GENERAL AGGREGATE s2,000,000. Per LOC& ProjeGen PRODUCTS .COMPIOPAGG $2,000,000. GEN'LAGGREGATE LIMIT APPLIES PER: POLICY X JECOT F I LOC B AUTOMOBILE LIABILITY X ANY AUTO 42UENUB6832 01/01/10 01/01/11 COMBINED SINGLE LIMIT (Eaaccrden� $ 1 , 000 , 000 ALL OWNED AUTOS BODILY INJURY per Person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ NON4:)WNED AUTOS COMP 11000 PROPERTYDAMAGE (Per accident) AUTO ONLY- EA ACCIDENT $ $ COLL 1 , 000 GARAGE LIABHITY ANY AUTO OTHER THAN FA ACC AUTO ONLY: AGG $ $ EXCESSIUMBRELLA UABRIM EACH OCCURRENCE $ 5 , 000 , 000 C )[ OCCUR F1 CLAIMS MADE 422HUUB6339 01/01/10 01/01/11 AGGREGATE $ 5 , 000 , 000 S $ DEDUCTIBLE X RETENTION $ 10 , 000 WORKERS COMPENSATION X I TORY LIMTTS I 1 ER $ A AND EMPLOYERS' LIABILITY ANY PROPRIEfORIPARTNERIEXECUTIVEM OFFICERIMEMBER EXCLUDED? l-1 (Mandatory in NH) IF yes, describe under SPECIAL PROVISIONS below 42WBKJ3400 01/01/10 01/01/11 E.L. EACH ACCIDENT $110001000 E.L. DISEASE -EA EMPLOYEE $ 1, OOO , OOO E.L DISEASE -POLICY LIMIT $ l r 000 r 000 OTHER A Leased Equipment 42UUNUB6801 01/01/10 01/01/11 Up to $25,000. D Professional Liab. IDED 21500 1 1 Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: WATER CONSERVATION AUDITS CITY OF FORT WORTH, ITS EMPLOYEES, OFFICERS, OFFICIALS, AGENT, AND VOLE WITH RESPECT TO CONTRACTED SERVICES. WAIVER OF SUBROGATION IS IN FAVOR OF THE CERTIFICATE HOLDER. (SEE ATTACHED POLICY COVERAGE FORMSSHOULD CERTIFICATE HOLDER . �. • �+ NOW, Bros. ACORD 25 (2009/01} ll lirOO�LVV.7 /1t+VRV .., Thn A�:(1RI1 n�rr+o nnrl I.+r+n sro roniatvsvvl mENrira of Af`ARII Water Management, Inc. Policy # 42UUNUB680I 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 stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section 11- 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 those sums that the insured becomes legally obligated to pay as damages 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 those damages. 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. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages 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 or medical expenses under Coverage C. 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" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; HG 00 01 06 05 (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. 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. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II - 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. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. Page 1 of 18 © 2005 The Hartford (includes copyrighted material of Insurance Services Office, Inc. with its permission.) (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. 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" or "property damage" 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 attorney 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 attorney 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 only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. Page 2 of 18 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. 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: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (li) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or HG 00 01 06 05 u (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire", (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for. (1) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, 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". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; HG 00 01 06 05 (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed; demolition, or stunting activity. 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. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another Is property; (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 (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the completed operations 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. m. 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 ry to "your product" or "your work" after it has been put to its intended use. HG 00 01 06 05 n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product'; (2) "Your work"; or (3) "Impaired property", if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury p. 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. As used in this exclusion, electronic data means information, facts or programs stored as a 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. q. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any "employment — related practices'; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment - related practices" are directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation tc repay someone else because of the injury. r. Asbestos share damages with or who must pay damages (1) "Bodily injury" or "property damage" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard'; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". Damage To Premises Rented To You —Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages 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 those damages. 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. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section 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 or medical expenses under Coverage C. 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" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. HG 00 01 O6 05 Page 5 of 18 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising ry" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. I. Infringement Of Intellectual Property Rights "Personal and advertising injury" arising out of any violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. However, this exclusion does not apply to infringement, in your "advertisement", of: (1) Copyright; (2) Slogan, unless the slogan is also a trademark, trade name, service mark or other designation of origin or authenticity; or (3) Title of any literary or artistic work. j. ia Insureds In MedAnd Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 17.a., b. and c, of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, placing an "advertisement" for or linking to others on your web site, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. 1. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actuaI, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) 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 (2) 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". Page 6 of 1$ HG 00 01 06 05 o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, 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. p. Internet Advertisements And Content Of Others "Personal and advertising injury" arising out of: (1) An "advertisement" for others on your web site; (2) Placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti -Trust law "Personal and advertising injury" arising out of a violation of any anti-trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. t. Discrimination Or Humiliation "Personal and advertising injury" arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. u. Employment -Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment — related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any to practices" are directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard'; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, dean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. HG 00 01 06 05 Page 7 of 18 b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. All costs taxed against the insured in the "suit". 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 offer. 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. 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"; e. Athletics Activities d. The allegations in the "suit" and the information we To a person injured while practicing, instructing or know about the "occurrence" are such that no participating in any physical exercises or games, conflict appears to exist between the interests of sports, or athletic contests. the insured and the interests of the indemnitee; f. Products -Completed Operations Hazard e. The indemnitee and the insured ask us to conduct Included within the "products -completed operations and control the defense of that indemnitee against hazard". such suit and agree that we can assign the same counsel to defend the insured and the indemnitee; g. Coverage A Exclusions and Excluded under Coverage A. f. The indemnitee: SUPPLEMENTARY PAYMENTS — COVERAGES (1) Agrees in writing to: AANDB (a) Cooperate with us in the investigation, 1. We will pay, with respect to any claim we investigate or settlement or defense of the "suit'; settle, or any "suit" against an insured we defend: (b) Immediately send us copies of any a. All expenses we incur. demands, notices, summonses or legal b. Up to $1,000 for cost of bail bonds required papers received in connection with the "suit"; because of accidents or traffic law violations arising (c) Notify any other insurer whose coverage is out of the use of any vehicle to which the Bodily available to the indemnitee; and Injury Liability Coverage applies. We do not have (d) Cooperate with us with respect to to furnish these bonds. coordinating other applicable insurance c. The cost of appeal bonds or bonds to release available to the indemnitee; and attachments, but only for bond amounts within the (2) Provides us with written authorization to: applicable limit of insurance. We do not have to furnish these bonds. (a) Obtain records and other information related d. All reasonable expenses incurred by the insured at to the "suit", and our request to assist us in the investigation or (b) Conduct and control the defense of the defense of the claim or "suit", including actual loss indemnitee in such "suit". of earnings up to $500 a day because of time off So long as the above conditions are met, attorneys' from work. fees incurred by us in the defense of that indemnitee, HG 00 01 06 05 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 — 'overage 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: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees and Volunteer workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co2employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co="employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will HG 00 01 06 05 Page 9 of 18 have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co="employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Page 10 of 18 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Additional Insureds When Required By . Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Lp. Any persons} or organizations) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; HG 00 01 06 05 !r. by Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the additional insureds exclusions apply: insurance afforded these the following additional This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" used, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising ry" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury"property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". HG 00 01 06 05 Page 11 of 18 f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1} The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section 111 —Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard'; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance 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 — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may 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. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit", (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation 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. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to. you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. 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 HG 00 01 06 05 Page 13 of 18 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. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for your work'; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you o, temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; (5) Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section - Coverage A = Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under 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 [,be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and selMnsured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page 14 of 18 HG 00 01 06 05 If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. 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. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. 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 insured will bring "suit" or transfer those rights to us ^.and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. 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 of of notice. SECTION V -DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. w Hoever, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. Separately to each insured against whom claim is at b. made or "suit" is brought. 4• 8. Transfer Of Rights Of Recovery Against Others To Us ry a. Transfer of Rights Of Recove If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of as and includes the mere presence of asbestos in any form. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any machinery or equipment. But "auto" does not in "mobile equipment". Bodily injury" means physical: 5. " a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. HG 00 01 06 05 Page 15 of 18 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 8. "Employment -Related Practices" means: a. Refusal to employ a person; b. Termination of a person's employment; or c. Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at a person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because, a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work". or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while I•7-TT.-tiFZ.TSFt' rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section III — Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. 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 other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury, or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: {1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of. (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto' HG 00 01 06 05 b. While it is in or on an aircraft, watercraft or "auto or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, 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 a., b., c. or do above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or do above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, resurfacing; or but not construction or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: 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, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" 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. "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. HG 00 01 06 05 Page 17 of 18 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; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products - completed operations are subject to the General Aggregate Limit. W. "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. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard _ or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 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 b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Page 18 of 18 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 23. "Volunteer worker" means a person who a. " Is not your "employee; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than 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. 25. "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. HG 00 01 06 05 COMMERCIAL AUTO CA 00 0110 01 BUSINESS AUTO COVERAGE FORM Water Management- Policy It 42UENUDUOVS? Various provisions in this policy restrict coverage. SECTION I — COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The 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. following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A Description Of Covered Auto Designation Symbols Symbol DescinEllon Of Covered Auto Des naa S mbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos' you own. This includes those private passenger Passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Liabil- Other Than Pdi ity Coverage any "trailers" you don't own while attached to power units you own). vate Passenger This includes those "autos" not of the private passenger type you acquire ownership "Autos" Only of after the policy begins. 5 Owned "Autos" Only those "autos" you own that are required to have No-Fauft benefits in the state Subject To No- where they are licensed or principagy garaged. This includes those "autos" you ac- Fault quire ownership of after the policy begins provided they are required to have No -Fault benefits in the state where they are licensed or principally garailed, 6 Owned "Autos" Only those "autos" you own that because of the taw in the state where they are li. Subject To A censed or principally garaged are required to have and cannot reject Uninsured Mo- Compulsory Un- torists Coverage. This includes those "autos" you acquire ownership of after the pol- insured Motorists icy begins provided they are subject to the same state uninsured motorists require. Law ment. 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a premium scribed "Autos" charge is shown (and for Liability Coverage any "trailers" you don't own while at- tached to any power unit described in item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees", part- ners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. CA 00 01 10 01 ©ISO Properties, Inc., 2000 Page 1 of 11 B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 21 3, 4, 5 or 6 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period, 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you ac- quire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov= ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss'; or e. Destruction. SECTION 11—LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acck dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "cov- ered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may h- vestigate and settle any claim or "suit" as we con- sider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or set- tlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This e(- ception does not apply if the covered "auto" is a "trailer" connected to a cov= ered "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), mem- bers (if you are a limited liability com- pany), 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. Page 2 of 11 ©ISO Properties, Inc., 2000 CA 00 01 10 01 C. Anyone liable for the conduct of an "insured" B. Exclusions described above but only to the extent of that This insurance does not apply to any of the follow - liability. ing: 2. Coverage Extensions 1. Expected Or Intended Injury a. Supplementary Payments "Bodily injury" or "property damage" expected or In addition to the Limit of Insurance, we will intended from the standpoint of the "insured". pay for the "insured": 2. Contractual (1) All expenses we incur. Liability assumed under any contract or agree- (2) Up to $2,000 for cost of bail bonds (in- ment, cluding bonds for related traffic law viola- But this exclusion does not apply to liability for tions) required because of an "accident" damages: we cover. We do not have to furnish these bonds. a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily (3) The cost of bonds to release attachments injury " or "property damage" occurs subse- in an "suit" against the "insured" we Y a 9 quent to the execution of the contract or defend, but only for bond amounts within agreement; or our Limit of Insurance. b. That the "insured" would have in the absence (4) All reasonable expenses incurred by the of the contract or agreement. "insured" at our request, including actual loss of earnings up to $250 a day be- 3. Workers' Compensation cause of time off from work. Any obligation for which the "insured" or the 9n- (5) All costs taxed against the "insured" in sured's" insurer may be held liable under any any "suit' against the "insured" we aB- workers' compensation, disability benefits or un- fend, employment compensation law or any similar law. (6) All interest on the full amount of any judgment that accrues after entry of the 4. Employee Indemnification And Employer's judgment in any "suit" against the "in- Liability sured" we defend, but our duty to pay in- "Bodily injury" to: terest ends when we have paid, offered to a. An "employee" of the "insured" arising out of pay or deposited in court the part of the and in the course of: judgment that is within our Limit of Insur- (1) Employment by the "insured"; or ance. b. Out -Of -State Coverage Extensions (2) Performing the duties related to the con- duct of the "insured's" business; or While a covered "auto" is away from the state where it is licensed we will: b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Para- (1) Increase the Limit of Insurance for Liabik graph a. above. ity Coverage to meet the limits specified by a compulsory or financial responsibil- This exclusion applies: ity law of the jurisdiction where the cou (1) Whether the "insured" may be liable as ered "auto" is being used. This extension an employer or in any other capacity; and does not apply to the limit or limits (2) To any obligation to share damages with specified by any law governing motor car- or repay someone else who must pay riers of passengers or property. damages because of the injury. (2) Provide the minimum amounts and types But this exclusion does not apply to "bodily h- of other coverages, such as no-fault, ie- jury" to domestic "employees" not entitled to quired of out-of-state vehicles by the ja- workers' compensation benefits or to liability as- risdiction where the covered "auto" is sumed by the "insured" under an "insured con - being used. tract". For the purposes of the Coverage Form, a We will not pay anyone more than once for domestic "employee" is a person engaged in the same elements of loss because of these household or domestic work performed princk extensions. pally in connection with a residence premises. CA 00 01 10 01 ©ISO Properties, Inc., 2000 Page 3 of 11 5. Fellow Employee (2) When all of the work to be done at the "Bodily injury" to any fellow "employee" of the site has been completed if your contract "insured" arising out of and in the course of the calls for work at more than one site. fellow "employee's" employment or while per- (3) When that part of the work done at a job forming duties related to the conduct of your site has been put to its intended use by business, any person or organization other than an- 6. Care, Custody Or Control other contractor or subcontractor working "Property damage" to or "covered pollution cost on the same project. or expense" involving property owned or trans- Work that may need service, maintenance, ported by the "insured" or in the "insured's" correction, repair or replacement, but which care, custody or control. But this exclusion is otherwise complete, will be treated as does not apply to liability assumed under a side- completed. track agreement. 11. Pollution 7. Handling Of Property "Bodily injury" or "property damage" arising out "Bodily injury" or "property damage" resulting of the actual, alleged or threatened discharge, from the handling of property: dispersal, seepage, migration, release or es - a. Before it is moved from the place where it is cape of "pollutants": accepted by the "insured" for movement into a. That are, or that are contained in any prop - or onto the covered "auto'; or erty that is: b. After it is moved from the covered "auto" to (1) Being transported or towed by, handled, the place where it is finally delivered by the or handled for movement into, onto or "insured". from, the covered "auto"; 8. Movement Of Property By Mechanical (2) Otherwise in the course of transit by or Device on behalf of the "insured"; or "Bodily injury" or "property damage" resulting (3) Being stored, disposed of, treated or from the movement of property by a mechanical processed in or upon the covered "auto"; device (other than a hand truck) unless the cb- b. Before the "pollutants" or any property in vice is attached to the covered "auto". which the "pollutants" are contained are 9. Operations moved from the place where they are ac- "Bodil injury" or "property dams e" arising out cepted by the "insured" for movement into or Y J rY 9 9 onto the covered "auto'; or of the operation of any equipment listed in Para- graphs 6.b. and 6.c. of the definition of "mobile c. After the "pollutants" or any property in „ which the "pollutants" are contained are equipment. moved from the covered "auto" to the place 10. Completed Operations where they are finally delivered, disposed of "Bodily injury" or "property damage" arising out or abandoned by the "insured". of your work after that work has been completed Paragraph a. above does not apply to fuels, or abandoned, lubricants, fluids, exhaust gases or other In this exclusion, your work means: similar "pollutants" that are needed for or re - a. Work or operations performed by you or on sult from the normal electrical, hydraulic or your behalf; and mechanical functioning of the covered "auto" b. Materials, parts or equipment furnished in or its parts, if: connection with such work or operations. (1) The "pollutants" escape, seep, migrate, Your work includes warranties or re resents- or are discharged, dispersed or released p directly from an "auto" part designed by tions made at any time with respect to the fit- its manufacturer to hold, store, receive or ness, quality, durability or performance of any of dispose of such "pollutants"; and the items included in Paragraphs a. or b. above. (2) The "bodily injury", "property damage" or Your work will be deemed completed at the ear- "covered pollution cost or expense" does liest of the following times: not arise out of the operation of any (1) When all of the work called for in your equipment listed in Paragraphs 6.b. and contract has been completed. 6.c. of the definition of "mobile equip- ment". Page 4 of 11 ©ISO Properties, Inc., 2000 CA 00 01 10 01 Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto'; and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. EPI�'►'ET� "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrec- tion, rebellion or revolution. This exclusion qD- plies only to liability assumed under a contract or agreement. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. t Of Insurance Regardless of the number of covered "autos", sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "ac- cident" is the Limit of Insurance for Liability Cover- age shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this Coverage Form and any Medical Payments Cover- age Endorsement, Uninsured Motorists Coverage Endorsement or Underinsured Motorists Coverage Endorsement attached to this Coverage Part, SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overtum. b. Specified Causes Of Loss Coverage Cause (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or deraik ment of any conveyance transporting the covered "auto". c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Declara- tions for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles If you cant' Comprehensive Coverage for the damaged covered "auto", we will pay for the fok lowing 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 "autoV' collision or overturn considered a "loss" under Collision Coverage. CA 00 01 10 01 ©ISO Properties, Inc., 2000 Page 5 of 11 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maximum of $600 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Compre- hensive or Specified Causes of Loss Cover- age. We will pay for temporary transportation expenses incurred during the period begin- ning 48 hours after the theft and ending, e- gardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use e(- penses if caused by: (1) Other than collision only if the Declara- tions indicate that Comprehensive Cover- age is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto'; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ec- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or resulting from Mn of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, in- cluding 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. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized rac- ing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such a contest or activity. 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or elec- trical breakdown. b. Blowouts, punctures or other road damage to tires, 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming apparatus in- tended to elude or disrupt speed measure- ment equipment. c. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that receives or transmits audio, vi s- ual or data signals and that is not designed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in Paragraph c. above. Page ti of 11 ©ISO Properties, Inc., 2000 CA 00 01 10 01 Exclusions 4.c. and 4.d* do not apply to: a. Equipment designed solely for the reproduc- tion of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equip- ment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (2) An integral part of the same unit housing any sound reproducing equipment de- scribed in a. above and permanently h- stalled in the opening of the dash or con- sole of the covered "auto" normally used by the manufacturer for installation of a radio. 5. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not ep- ply to "loss" caused by fire or lightning. SECTION Iv — BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Com- mon Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If ou and we disagree on the amount of " yloss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a com- petent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A deci- sion agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "acci- dent" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "in- sured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. CA 00 01 10 01 ©ISO Properties, Inc., Z000 Page 7 of 11 (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for con- sideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us u�- der this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine the'insured's" liability. 4. Loss Payment —Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include --the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or a- ganization must do everything necessary to se- cure our rights and must do nothing after "acci- dent" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy o, insolvency of the "insured" or the "insured's" estate will not relieve us of any oblk gations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "in- sured", at any time, intentionally conceal or mis- represent a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto'; or d. A claim under this Coverage Form, 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the addi- tional coverage as of the day the revision is festive in your state. 4. No Benefit To Bailee —Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or cr- ganization holding, storing or transporting prop- erty for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance Cie For any covered "auto" you own, this Cover- age Form provides primary insurance. For any covered "auto" you don't own, the insur- ance provided by this Coverage Form is e(- cess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Coverage Form pro- vides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a caF ered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Liability Cover- age is primary for any liability assumed ei- der an "insured contract". Page 8 of 11 © ISO Properties, Inc., 2000 CA 00 01 10 01 d. When this Coverage Form and any other We also cover "loss" to, or "accidents" involving, Coverage Form or policy covers on the same a covered "auto" while being transported be - basis, either excess or primary, we will pay tween any of these places. only our share. Our share is the proportion g. Two Or More Coverage Forms Or Policies that the Limit of Insurance of our Coverage Issued By Us Form bears to the total of the limits of all the Coverage Forms and policies covering on the If this Coverage Form and any other Coverage same basis. Form or policy issued to you by us or any com- pany affiliated with us apply to the same "acck 6. Premium Audit dent", the aggregate maximum Limit of Insure a. The estimated premium for this Coverage ance under all the Coverage Forms or policies Form is based on the exposures you told us shall not exceed the highest applicable Limit of you would have when this policy began. We Insurance under any one Coverage Form or pol- will compute the final premium due when we icy. This condition does not apply to any Cover - determine your actual exposures. The estk age Form or policy issued by us or an affiliated mated total premium will be credited against company specifically to apply as excess insur- the final premium due and the first Named ance over this Coverage Form. Insured will be billed for the balance, if any. SECTION V — DEFINITIONS The due date for the final premium or retro- spective premium is the date shown as the A. "Accident" includes continuous or repeated expo- h due date on the bill. If the estimated total sure to the same conditions resulting in "bodily - premium exceeds the final premium due, the jury" or "property damage". first Named Insured will get a refund. Be "Auto" means a land motor vehicle, "trailer" or semi- b. If this policy is issued for more than one trailer designed for travel on public roads but does year, the premium for this Coverage Form not include "mobile equipment", will be computed annually based on our C. "Bodily injury" means bodily injury, sickness or dis- rates or premiums in effect at the beginning ease sustained by a person including death result - of each year of the policy, ing from any of these. 7. Policy Period, Coverage Territory D. "Covered pollution cost or expense" means any Under this Coverage Form, we cover "accidents" cost or expense arising out of: and "losses" occurring: 1. Any request, demand, order or statutory or a. During the policy period shown in the Decla- regulatory requirement; or rations; and 2. Any claim or "suit" by or on behalf of a govem- b. Within the coverage territory, mental authority demanding The coverage territory is: that the "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or a. The United States of America; in any way respond to, or assess the effects of b. The territories and possessions of the United "pollutants". States of America; "Covered pollution cost or expense" does not in- c. Puerto Rico; elude any cost or expense arising out of the actual, d. Canada; and alleged or threatened discharge, dispersal, seep- age, migration, release or escape of "pollutants": e. Anywhere in the world if: a. That are, or that are contained in any prop- (1) A covered "auto" of the private passenger erty that is: type is leased, hired, rented or borrowed (1) Being transported or towed by, handled, without a driver for a period of 30 days or less; and or handled for movement into, onto or from the covered "auto"; (2) The "insured's" responsibility to pay (2) Otherwise in the course of transit by or damages is determined in a "suit' on the merits, in the United States of America, on behalf of the "insured' the territories and possessions of the (3) Being stored, disposed of, treated or United States of America, Puerto Rico, or processed in or upon the covered "auto'; Canada or in a settlement we agree to. CA 00 01 10 01 ©ISO Properties, Inc., 2000 Page 9 of 11 b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or re- sult from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. or 6.c. of the definition of "mobile equip- ment". Paragraphs be and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with re� spect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or perceived loss in market value or resale value which results from a direct and accidental "loss". F: "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". G. "Insured" means any person or organization qualk fying as an insured in the Who Is An Insured provi- sion of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded ap- plies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition qo- erations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to h- demnify a municipality, except in connection with work for a municipality; 5. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a l- ability that would be imposed by law in the �- sence of any contract or agreement; 6. 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 "employ- ees", 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". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of construc- tion or demolition operations, within 50 feet of any railroad property and affecting any rail- road bridge or trestle, tracks, roadbeds, tun- nel, underpass or crossing; or b. 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 c. 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. I. "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 � lated to the conduct of your business. "Leased worker" does not include a "temporary worker". J. "Loss" means direct and accidental loss or dam- age. Page 10 of 11 ©ISO Properties, Inc., 2000 CA 00 01 10 01 C "Mobile equipment" means any of the following b. Cherry pickers and similar devices mounted types of land vehicles, including any attached mamo on automobile or truck chassis and used to chinery or equipment: raise or lower workers; and 1. Bulldozers, farm machinery, forklifts and other c. Air compressors, pumps and generators, vehicles designed for use principally off public including spraying, welding, building clean - roads; ing, geophysical exploration, lighting or well 2. Vehicles maintained for use solely on or next to servicing equipment. premises you own or rent; L. "Pollutants" means any solid, liquid, gaseous or 3. Vehicles that travel on crawler treads; thermal irritant or contaminant, including smoke, or not, main- vapor, soot, fumes, acids, alkalis, chemicals and 4. Vehicles, whether self- propelledwaste. Waste includes materials to be recycled, tained primarily to provide mobility to perma- reconditioned or reclaimed. nently mounted: M. "Property damage" means damage to or loss of use a. Power cranes, shovels, loaders, diggers or of tangible property. drills; or N. "Suit" means a civil proceeding in which: b. Road construction or resurfacing equipment such as graders, scrapers or rollers, 1. Damages because of "bodily injury" or "property damage"; or 5. Vehicles not described in Paragraphs 1., 2.1 3.1 2. A "covered pollution cost or expense or 4. above that are not self-propelled and are maintained primarily to provide mobility to per- to which this insurance applies, are alleged. manently attached equipment of the following "Suit" includes: types: a. An arbitration proceeding in which such a. Air compressors, pumps and generators, damages or "covered pollution costs or ec- including spraying, welding, building clean- penses" are claimed and to which the "in- ing, geophysical exploration, lighting and sured" must submit or does submit with our well servicing equipment; or consent; or b. Cherry pickers and similar devices used to b. Any other alternative dispute resolution pro - raise or lower workers, ceeding in which such damages or "covered 6. Vehicles not described in Paragraphs 1., 2., 3. pollution costs or expenses" are claimed and or 4. above maintained primarily for purposes to which the insured submits with our con - other than the transportation of persons or sent. cargo. However, self-propelled vehicles with the O. "Temporary worker" means a person who is fur - following types of permanently attached equip- nished to you to substitute for a permanent "em- ment are not "mobile equipment" but will be ployee" on leave or to meet seasonal or short-term considered "autos": workload conditions. a. Equipment designed primarily for: P. 'Trailer" includes semitrailer. (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; CA 00 01 10 01 © ISO Properties, Inc., 2000 Page 11 of 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Number: 42 WB ICJ34 0 o Endorsement Number: MEffective Date: 01/01/10 Effective hour is the same as stated on the information Page of the policy. In Named Insured and Address: WATER MANAGEMENT, INC. 117 CLERMONT AVENUE o ALEXANDRIA, VA 22304 rA 0 0 0 w Section I of this endorsement expands coverage provided under WC 00 00 00. Section II of this endorsement provides additional coverage usually only provided by endorsement. $ Section III of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: N -k INDEX I� SUBJECT PAGE SUBJECT PAGE : SECTION 1 2 a. Part One Does Not Apply 3 r PARTS ONE and TWO 2 C. Application of Coverage 3 .�3 01 We Will Also Pay 2 D. Additional Exclusions PART - THREE 2 E. West Virginia 3 02 How This Insurance Works 2 EXTENDED OPTIONS 4 > PART - SIX 2 01 Employers' Liability Insurance 4 03 Transfer of Your Rights and Duties 2 02 Unintentional Failure to Disclose 4 04 Cancellation 2 Hazards 05 Liberalization 2 03 Waiver of Our Right to Recover from 4 SECTION 11 2 Others VOLUNTARY COMPENSATION INSURANCE 2 04 Foreign Voluntary Compensation 4 06 Voluntary Compensation Insurance A. How This Reimbursement Applies 4 A. How This Insurance Applies 2 B. We Will Reimburse 4 "MOM 2 C. Exclusions 4 B. We Will Pay 3 D. Before We Pay 5 C. Exclusions D. Before We Pay 3 E. Recovery From Others 5 E. Recovery From Others 3 F. Reimbursement For Actual Loss 5 F. Employers' Liability Insurance 3 Susta'med ! EMPLOYERS' LIABILITY STOP GAP 3 G. Repatriation 5 ENDORSEMENT 3 H. Endemic Disease 5 07 Employers' Liability Stop Gap 05 Longshore and Harbor Workers' 5 Coverage 3 Compensation Act Coverage A. Stop Gap Coverage Limited to Endorsement Montana, North Dakota, Ohio, 3 SECTION 111 6 Washington, West Virginia and 01 Schedule of Covered States 6 Wyoming Form WC 99 03 01 B Printed in U.S.A. (Ed. 8/00) Page 1 of 6 Process Date: O1/oa/10 Policy Expiration Date: 01/01/11 ®2fl00, The Hartford SECTION I PARTS ONE and TWO 1. WE WILL ALSO PAY D. We Will Also Pay of Part One (WORKERS' COMPENSATION INSURANCE); and E. We Will Also Pay of Part Two (EMPLOYERS' LIABILITY INSURANCE) is replaced by the following: We Will Also Pay We wili also pay these costs, In addition to other amounts payable under this Insurance, as part of any claim, proceeding, or suit we defend: 1. reasonable expenses incurred at our request, INCLUDING loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. litigation costs taxed against you; 4. interest on a judgment as required by law until we offer the amount due under this law; and 5. expenses we incur. PART THREE 2. How This Insurance Applies Paragraph 4. of A. How This Insurance Applies of Part 3 (Other States insurance) is replaced by the following: 4. If you have work on the effective date of this policy in any state not listed in item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within sixty days. PART SIX 3. Transfer Of Your Rights and Duties C. Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the following: Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death, we will cover your legal representative as insured. 4. Cancellation Paragraph 2. of D. Cancellation of Part 6 (Conditions) is replaced by the following: 2. We may cancel this policy. We must mail or deliver to you not less than 15 days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. 5. Liberalization SECTION Il VOLUNTARY COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE 6. Voluntary Compensation Insurance A. How This Insurance Applies Th is insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by any officer or employee not subject to the workers' compensation law of any state shown in Item &A. of the Information Page. Form WC 99 03 01 B Printed in U.S.A. (Ed. 8/tl0) If we adopt a change bn�aden the coverage charge, the broader o policym it will apply w effective in your state. when in this form that would of this form without extra Overage will apply to this the change becomes 2. The bodily injury must arise out of and in the course of employment or incidental to work in a state shown in Item 3.A. of the Information Page. 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen, or otherwise legal resident, and legally employed, in the United States or Canada and temporarily away from those places. Page 2 of 6 4. Bodily injury by accident must occur keep an amount equal to our expenses of during the policy period. recovery and the benefits we paid. We will 5. Bodily injury by disease must be caused pay the balance to the persons entitled to it. If or aggravated by the conditions of the the persons entitled to the benefits of this officer's or employee's employment. The insurance make a recovery from others, they officer's or employee's last day of last must reimburse us for the benefits we paid exposure to the conditions causing or them' aggravating such bodily injury by disease F. Employers' Liability Insurance must occur during the policy period. Part Two (Employers' Liability Insurance) B. We Will Pay applies to bodily injury covered by this We will pay an amount equal to the benefits endorsement as though the State of Q1 that would be required of you as if you and Employment was shown in Item 3.A. of the M your employees were subject to the workers' Information Page. compensation law of any state shown in Item This provision 6. does not apply in New Jersey or 3.A* of the Information Page. We will pay Wisconsin. o those amounts to the persons who would be EMPLOYERS' LIABILITY STOP GAP COVERAGE o entitled to them under the law. 0 7. Employers' Liability Stop Gap Coverage 0 C. Exclusion d' A. This coverage only applies in Montana, North `" This insurance does not cover Dakota, Ohio, Washington, West Virginia and w 1, any obligation imposed by workers' Wyoming. o compensation or occupational disease law B. Part One (Workers' Compensation Insurance) T�lor any similar law. does not apply to work in states shown in 2. bodily injury intentionally caused or Paragraph A above. i� aggravated by you. C. Part Two (Employers' Liability Insurance) son 3. officers or employees who have elected applies in the states, shown in Paragraph A., not to be subject to the state workers' as though they were shown in Item 3.A, of the compensation law. Information Page. 4, partners or sole proprietors not covered D. Part Two, Section C. Exclusions is changed under the Standard Sole Proprietors, by adding these exclusions. Partners, Officers and Others Coverage This insurance does not cover; Endorsement. 50 bodily injury intentionally caused or am D. Before We Pay aggravated by you or in Ohio bodily injury Before we pay benefits to the persons entitled resulting from an act which is determined to them, they must: by an. Ohio court of law to have been 1. Release you and us, in writing, of all committed by you with the belief than an �= responsibility for the injury or death. injury is substantially certain to occur. However, the cost of defending such 2. Transfer to us their right to recover from others who may be responsible for the claims or suits in Ohio is covered. sc injury or death. 13o bodily injury sustained by any member of the flying crew of any aircraft. 3. Cooperate with us and do everything as necessary to enable us to enforce the right 14. any claim for bodily injury with respect to ®� to recover from others. which you are deprived of any defense or if the persons entitled to the benefits of this defenses or are otherwise subject to ipenalty nsurance fail to do those things, our duty to because of default in premium under the provisions of the workers' pay ends at once. If they claim damages from you or from us for the injury or death, our duty compensation law or laws of a state shown in Paragraph A. MEW to pay ends at once. E. This insurance applies to damages for which E. Recovery From Others you are liable under West Virginia Code Annot. If we make a recovery from others, we will S 234-2. Form WC 99 03 01 B Printed in U.S.A. (Ed. 8/00) Page 3 of 6 EXTENDED OPTIONS 1. Employers' Liability Insurance 4. Foreign Voluntary Compensation and Item 3.13. of the Information Page is replaced by Employers' Liability Reimbursement the following: A. How This Reimbursement Applies B. Employers' Liability Insurance: This reimbursement provision applies to bodily 1. Part Two of the policy applies to work in injury by accident or bodily injury by disease, each state listed in Item 3.A. Bodily injury includes resulting death. 1. The bodily injury must be sustained by an The Limits of Liability under Part Two are officer or employee. the higher of: 2. The bodily injury must occur in the course of employment necessary or incidental to Bodily Injury work in a country not listed in Exclusion by Accident 5500,000 Each Accident C.I. of this provision. 3. Bodily injury by accident must occur Bodily Injury during the policy period. by Disease 55001000 Policy Limit 4. Bodily injury by disease must be caused or aggravated by the conditions of your Bodily Injury employment. The officer or employee's by Disease #500,000 Each Employee last exposure to those conditions of your employment must occur during the policy OR period. B. We Will Reimburse 2. The amount shown in the Information We will reimburse you for all amounts paid by Page. you whether such amounts are: This provision 1 of EXTENDED OPTIONS does not 1s voluntary payments for the benefits that apply in New York because the Limits Of Our would be required of you if you and your Liability are unlimited. officers or employees were subject to any In this provision the limits are changed from workers' compensation law of the state of $500,000 to $1,000,000 in California. hire of the individual employee. 2. Unintentional Failure to Disclose Hazards 2v sums to which Part Two (Employers' If you unintentionally should fail to disclose all Liability Insurance) would apply if the existing hazards at the inception date of your Country of Employment were shown in policy, we shall not deny coverage under this Item &A. of the Information Page, policy because of such failure. C. Exclusions 3. Waiver of Our Right To Recover From Others This insurance does not cover. A. We have the right to recover our payments 1w any occurrences in the United States, from anyone liable for an injury covered by this Canada, and any country or jurisdiction policy. We will not enforce our right against which is the subject of trade or economic any person or organization for whom you sanctions Imposed by the laws or perform work under a written contract that regulations of the United States of requires you to obtain this agreement from us. America in effect as of the inception date This agreement shalt not operate directly or of this policy, indirectly to benefit anyone not named in the 24 any obligation imposed by a workers' agreements compensation or occupational disease B. This provision 3. does not apply in the states law, or similar law. of Pennsylvania and Utah. 30 bodily injury intentionally caused or aggravated by you. Form WC 99 03 01 B Printed in U.S.A. (Ed. 8/00) Page 4 of 6 4. liability for any consequence, whether direct or indirect, of war, invasion, act of Foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power. No endorsement now or subsequently attached to this policy shall be construed as overriding or waiving this limitation unless specific reference is made thereto. D. Before We Pay Before we reimburse you for the benefits to the M persons entitled to them, you must have them: 1w release you and us, in writing, of all responsibility for the injury or death, 2a transfer to us their right to recover from a others who may be responsible for their winjury or death, 3. cooperate with us and do everything Nnecessary to enable us to enforce the right `" 0 to recover from others. 0 o If the persons entitled to the benefits paid fait N to do these things, our duty to reimburse ends at once. If they claim damages from us for the injury or death, our duty to reimburse ends at once. E. Recovery From Others l! If we make a recovery from others, we will mom keep an amount equal to our expenses of recovery and the benefits we reimbursed. We will pay the balance to the persons entitled to REM it. If persons entitled to the benefits make a recovery from others, they must repay us for the amounts that we have reimbursed you. F. Reimbursement for Actual Loss Sustained This endorsement provides only for reimbursement for the loss you actually sustain. In order for you to recover loss or expenses under this reimbursement you must: 1. actually sustain and pay the loss or expense in money after trial, or 2_ secure our consent for the payment of the s loss or expense. G. Repatriation I>� �i Our reimbursement includes the additional expenses of repatriation to the United States ttal� Form WC 99 03 01 B Printed in U.S.A. (Ed. 8/00) of America necessarily incurred as a direct resuIt of bodily injury. Our reimbursement shall be limited as follows: 1. to the amount by which such expenses exceed the normal cost of returning the officer- or employee if in good health, or 2. in the event of death, to the amount by which such expenses exceed the normal cost of returning the officer or employee if alive and in good health. fn no event shall our reimbursement exceed the bodily injury by accident limit shown in Item 3.Bs of the Information Page as respects any one such officer or employee whether dead or alive. Th e word "disease" includes any endemic diseases. The coverage applies as if endemic diseases were included in the provisions of the workers' compensation law. 5. Longshore and Harbor Workers' Compensation Act Coverage General Section C. Workers' Compensation Law is replaced by the following: C. Workers' Compensation Law Workers' Compensation Law means the workers or wortcerscompensation law and occupational disease law of each state or territory named in Item 3.A. of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901- 950). It includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workers' compensation law, other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Employers' Liability Insurance), C. Exclusions, exclusion 8, does not apply to work subject to the Longshore and Harbor Workers' Compensation Act This coverage does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Non appropriated Fund Instrumentalities Act. Page 5 of 6 SECTION 111 1. SCHEDULE OF COVERED STATES B. If a state, shown in Item 3.A. of the Information A. This endorsement only applies in the states Page, approves this endorsement after the listed in this Schedule of Covered States. effective date of this policy, this endorsement will apply to this policy. The coverage will apply in the new state on the effective date of the state approval. C. Schedule of Covered States: GA VA Countersigned by Form WC 99 03 01 B Printed in U.S.A. (Ed. 8l00) Authorized Representative �✓L M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas TORT `�'OR"I'Fl COUNCIL ACTION: Approved on 8/24/2010 DATE: 8/24/2010 REFERENCE C-24417 LOG NAME: 13P10-0467 WATER NO.: CONSERVATION AUDITS JR CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize the Execution of a Contract with Water Management, Inc., for Industrial, Commercial and Institutional Water Conservation Audits for an Annual Amount Up to $200,000.00 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Water Management, Inc., for Industrial, Commercial and Institutional Water Conservation Audits in the annual amount up to $200,000.00. DISCUSSION: The City of Fort Worth Water Conservation Master Plan lists Industrial/Commercial/Institutional (ICI) Audits as a best management practice that will help the City reach its conservation goals of reducing peak and baseline water demands. The proposed ICI Audit Program will investigate how customer's use water and make recommendations for efficiencies. The Water Department will use this agreement to: (1) promote city-wide Industrial, Commercial and Institutional Water Conservation Initiatives, (2) assist in developing and implementing an Industrial, Commercial, and Institutional Certification Program, (3) conduct a comprehensive facility water audit for Industrial, Commercial and Institutional customers and (4) present a detailed written report with audit results, water saving recommendations and a return on investment projection to audit customers. Purchasing issued a Request for Proposals (RFP) on May 26, 2010, soliciting qualified firms to conduct water conservation audits for the City. The evaluation factors included methodology and approach to the project, responsiveness to the scope of work, demonstrated applicable experience, personnel qualifications of staff to be assigned to the project, total cost and schedule. An evaluation panel was made up of representatives from the Water Department. Firms submitting proposals were D2 Advanced Business Solutions, Inc., and Water Management, Inc. The recommended service provider, Water Management, Inc., was determined the most qualified to perform the services described for cone -year contract period. ADVERTISEMENT -This RFP was advertised in the Fort Worth Star -Telegram on June 2, 2010, June 9, 2010, June 16, 2010 and June 22, 2010. Two Proposals were received in response to this RFP. PRICE ANALYSIS - There is no previous history for this type of service. The Water Department has reviewed the pricing and determined it to be fair and reasonable. This program will benefit the City in its water conservation efforts by reducing the amount of raw water purchased, and subsequently treated and placed into the distribution system. Furthermore, efforts implemented from these audits will help reach conservation goals of reducing peak demands and extending the life of existing water supplies. AGREEMENT TERMS -Upon City Council's approval, the Agreement will begin September 1, 2010 and expire August 31, 2011 unless terminated earlier in accordance with its terms. RENEWAL OPTIONS -This Agreement may be renewed for up to two additional one-year terms at http://apps.cfwnet.org/council�acket/mc review.asp?ID=13927&councildate=8/24/2010 9/7/2010 M&C Review Page 2 of 2 the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers PE45 539120 0604014 $200,000.00 Karen Montgomery (6222) Lena Ellis (8517) Jack Dale (8357) James Rodriguez (2057) http://apps.cfwnet.org/council�acket/mc_review.asp?ID=13927&counciidate=8/24/2010 9/7/2010