HomeMy WebLinkAboutPSA Central PavingPROFESSIONAL SERVICES AGREEMENT
This Agreement is made by and between Kittitas County (hereinafter'The County")
and Central Paving, LLC (hereinafter "Contracto/'). The County and Contractor agree as
follows:
General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation);
Exhibit C (Proof of lnsurance).
copies of which are attached hereto and incorporated herein by this reference as fully as if
set forth herein.
The term of this Agreement shall commence on May 21, 2019 and continue until
completion of the project. Any parg may terminate this Agreement by givilg th¡rty (30)
days' notice in writing either personally delivered or mailed postage-prepaid by certified
máil, return receipt requested, to the party's last known address for the purposes of giving
notice under this paragraPh.
Contractor acknowledges and by signing this Agreement agrees that the
Indemnification provisions setlorth in Paragraphs 7 (lndependent Contractor), 9 (Taxes),
15 (Defense and lndemnity Agreement), 21 (PatenU0opyright lnfringement) and 24
(Corìfidentiality), are totally and fully part of this Agreement and have been mutually
negotiated by the parties.
^ lN WITNESS WHEREOF, the parties have executed this Agreement tn¡s ZlSfOay
o¡ llV't¿i. zorg.
\-]
APPROVED:
Central Paving LLC BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Signature of Signatory
(Date 5t31t2o1e I
Professional Services Agreement (rev. 09/2412018)
Page 1 of 17
Chairman
Joel Greear - Managing Member
Print Name of Signatory
ìlllllll
¡liltt
Contractor Address
1410 W. Dolarway
Ellensburg, WA 98926
Proiect Gontact:
Ben Cook
899-7968
Professional Services Agreement (rev. 09/241201 8)
Page 2 of 17
as to Form:
Depu$ Prosecuting AttorneY
County's Address
Proiect Gontact:
PattiJohnson
962-7542
Kittitas County
205 West Sth Avenue, Suite 108
Ellensburg, WA 98926
GENERAL CONDITIONS
1. Scope of Contractor's Services:
Contractor agrees to þrovide to the County services and any materials set forth in the
project narrative identified in Exhibit'.A" during the Agreement period. No material, labor,
or iacilities will be furnished by the County, unless otherwise provided for in the
Agreement.
2. Performance of Work:
Contractor sfratt perform work in accordance with, and shall comply with, all of the
provisions of this Agreement. All work shall comply with applicable codes and ordinances.
3. Schedule of Performance:
Un¡ess O¡recteO onèrwise by the County, Contractor shall perform the work in accordance
with any schedules made a part of this Agreement.
4. Definitions:41 "Additional lnsureds" means the County, its successors and assigns, and
the respective directors, officers, employees, agents and representatives of
the County and its successors and assigns.
4.2 "Support" means the following: Contractor's directors, officers, employees,
agents and representatives; and sub-Contractors of any tier; the respective
directors, officers, employees, agents and representatives of these sub-
Contractors of any tier; and any other person or entity acting under the
direction or control ol or on behalf of Contractor or any Contractor's sub-
Contractors of any tier in connection with or incident to the performance of
the Work or this Agreement.
4.3 The'WorK means all of the duties listed in Exhibit A and the performance of
all other obligations, under this Agreement by Contractor or its Support.
5. Accountino and Pavment for Contractor Services:
eayrnent to ne Contraðior for services rendered under this Agreement shall be as set
tortn in Exhibit "8". Where Exhibit "8" requires payments by the County, payment shall be
based upon billings, supported unless otherwise provided in Exhibit "B", bY documentation
of units of work attually performed and amounts earned, including where appropriate, the
actual number of days-worked each month, total number of hours for the month, and the
total dollar payment requested. Unless specifically stated in Exhibit "8" or approved in
writing in advánce by the Kittitas County Board of Commissioners, the County will not
reimbi¡rse the Contiactor for any costs or expenses incurred by the Contractor in
performance of this Agreement.
Where required, the County shall, upon receipt of appropriate documentation, compensate
the Contractor, no more often than monthly, through the County voucher system, for the
Contractor's service pursuant to the fee schedule set forth in Exhibit "8".
Professional Services Agreement (rev. 09124120181
Page 3 of 17
6. Assiqnment and Subcontractinq:
ruo@mayueassignedorsubcontractedtoanyotherindividual,
firm or entity without the express and prior written approval of the County.
7. lndependent Contractor:
The Contractorb senices shall be furnished by the Contractor as an independent
Contractor and nothing herein contained shall be construed to create a relationship of
employer-employee orhaster-servant, but all payments made hereunder and all services
periormed shall be made and performed pursuant to this Agreement by the Contractor as
an independent Contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified
in Exhibit "B" and the Contractor is not entitled to any County benefits including, but not
l6ited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to Kittitas County employees.
Contractor will defend, indemnify and hold harmless the County, its Additional lnsureds,
officers, agents or employees from any loss or expense, including but not limited to
settlementé, judgments, setoffs, attorneys'fees or costs incurred by reason of claims or
demands because of breach of the provisions of this paragraph.
8. No Guarantee of Emplovment:
The perfonnance of all or part of this Agreement by the Contractor shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any
employment of the Contractor or any employee of the Contractor or any sub-Contractor or
any employee of any sub-Contractor by the Coun$ at the present time or in the future.
9. Taxes:
The Contractor understands and acknowledges that the County will not withhold Federal
or State income taxes. Where required by State or Federal law, the Contractor authorizes
the County to make withholding for any taxes other than income taxes (i.e. Medicare). All
compensátion received by the Contractor will be reported to the lnternal Revenue Service
at the end of the calendai year in accordance with the applicable IRS regulations. lt is the
responsibilig of the Contractor to make the necessary estimated tax payments throughout
the year, if ány, and the Contractor is solely liable for any tax obligation arising from the
Coniractor's pärformance of this Agreement. The Contractor hereby agrees to indemnify
the County against any demand to pay taxes arising from the Contractor's failure to pay
taxes on compensation earned pursuant to this Agreement.
The County will pay sales and use taxes imposed on goods or services acquired
hereunder às requireO by law. The Contractor must pay all other taxes including, but not
limited to: Business and Occupation Tax, taxes based on the Contractor's gross or net
Professional Services Agreement (rev. 09/241201 8)
Page 4 of 17
income, or personal property to which the County does not hold title' The County is
exempt from Federal Excise Tax.
10. Requlations and Requirement:
rnisal||aws,rulesandregu|ationsoftheUnitedStatesof
Americã, and State of Washington, and political subdivisions of the State of Washington,
and to any other provisions set forth herein or in the attached exhibits.
11. Riqht to Review:
fn¡s contract ¡s suOject to review by any Federal or State auditor. The County or its
designee shall have ihe right to review and monitor the financial and service components
of th-is program by whatever means are deemed expedient by the County. -Such review
m"y oi.rr-rith oiwithout notice, and may include, but is not limited to, on-site inspection
by
-County
agents or employees, inspection of all records or other materials which the
iounty d"e,it pertinent tó tfre Agreement and its performance, and any and all
communications with or evaluation by service recipients under this Agreement. The
Contractor shall preserve and maintain att financial records and records relating to the
performance of work under this Agreement for 6 years_after contract termination, and shall
make them available for such review, within Kittitas County, State of Washington, upon
request.
12. Modifications:12J Either party may request changes in the Agreement. Any and all agreed
modifications shall be in writing, signed by each of the parties.
1Z.Z The County may, at any time, by written notice thereof to Contractor
("Change Ñotice') makes changes in the Work within the general scope of
this Agieement, inctuding, but not limited to: (a) changes in, revisions to,
substitutions for, additions to or deletions of any Work; (b) changes in
schedule; and (c) acceleration, deceleration or suspension of performance
of any Work.
12.3 lf any change in the Work causes an increase or decrease on Contractor's
cost of, or -the time required for, performance of the Work, an equitable
adjustment in the compensation to Contractor and in the schedule for the
performance of the Work shall be made to reflect such an increase or
decrease.
12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable
equitable adjuétment, Contractor shall proceed in accordance with all
Change Notióes. Contractor must, within th¡rty (30) days after receipt of any
Change Notice that does not set forth any acceptable adjustment, submit to
the Cóunty a written statement setting forth any adjustment claimed.
Professional Services Agreement (rev. 0912412018)
Page 5 of 17
'12.5
13. Termination for Default:
f tne Contractor Oefauns Uy failing to perform any of the obligations of the Agreement or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency
or makes an assignment for the benefit of creditors, the County may, by depositing written
notice to the Confractor in the U.S. mail, postage prepaid, terminate the Agreement, and at
the County's option, obtain performance of the work elsewhere. lf the Agreement is
terminatedfor default, the Contractor shall not be entitled to receive any further payments
under the Agreement until all work called for has been fully performed. Any extra cost or
damage to the County resulting from such default(s) shall be deducted from any money
due oi coming due to the Contractor. The Contractor shall bear any extra expenses
incurred by thã County in completing the work, and all damage sustained, or which may be
sustained by the County by reason of such default'
lf a notice of temination for default has been issued and it is later determined for any
reagon that the Contractor was not in default, the rights and obligations of the parties shall
be the same as if the notice of termination had been issued pursuant to the Termination for
Public Convenience paragraph hereof.
14. Termination for Public Convenience:
rrre@AgreementinwholeorinpartwhenevertheCounty
determines, ¡n ¡is sole discretion that such termination is in the best interests of the
County. Whenever the Agreement is terminated in accordance with this paragraph, the
Contrãctor shall be entitled to payment for actualwork performed at unit contrâct prices for
completed items of work. ln the event of such termination, an equitable adjustment shall
be made in the compensation payable to Contractor'
An equitable adjustment in the contract price for partially completed items of work will be
made, but such adjustment shall not include provision for loss of anticipated profit on
deleted or uncompleted work. Termination of this Agreement by the Coun$ at any time
during the term, whether for default or convenience, shall not constitute a breach of
contract by the County.
15. Defense & lndemnitv Aqreement:
rne@alldefend,indemnifyandholdharmlesstheCounty,its
Additional lnsureds, appointed and elective officers, agents and employees, from and
against all loss or expenie, including but not limited to judgments, settlements, attorney's
feäs and costs by ieason of any and all claims and demands upon the County, its
Additional lnsureds, its elected or appointed officials, agents, or employees for damages
because of personal or bodily injury, including death at any time resulting therefrom,
Professional Services Agreement (rev. 09/24120 1 8)
Page 6 of 17
lf any change results in a decrease in the Work performed, Contractor shall
be entitled to compensation associated with changing the Work, such as
revising design already completed, revising calculations already performed,
and revising documents.
sustained by any person or persons and on account of damage to property including loss
of use thereof, whether such injury to persons or damage to property is due to the
negligence of the Contractor, its sub-Contractors, its elected officers, employees or their
agènis, except only such injury or damage as shall have been occasioned by the sole
négligence of the County, its Additional Insureds, appointed or elected officials, agents, or
emplóyees. lt is further provided that no liability shall attach to the County by reason of
entering into this contract, except as expressly provided herein.
16. lndustrial lnsurance Waiver:
With respeci to the performance of this Agreement and as to claims against the County, its
Additional lnsureds, officers, agents and employees, the Contractor expressly waives its
immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act,
for inju¡es to its employees and agrees that the obligations to indemnify, defend and hold
harmless provided in this agreement extend to any claim brought by or on behalf of any
employee of the Contractor. This waiver is mutually negotiated by the parties to this
Agreement.
17. Venue and Choice of Law:
ln tne event nat any titigation should arise concerning the construction or interpretation of
any of the terms of this Agreement, the venue of such action of litigation shall be in the
Suþerior Court of the State of Washington in and for the County of Kittitas. This
Agreement shall be governed by the law of the State of Washington.
1 8. Withholdinq Pavment:
ln ttre event tfre Contractor has failed to perform any obligation to be performed by the
Contractor under this Agreement within the time set forth in this Agreement, then the
County may, upon written notice, withhold all monies due and payable to Contractor,
withoút penalty, untilsuch failure to perform is cured or otherwise adiudicated.
19. Future Non-Allocation of Funds:
f sumcient tr¡nds are not appropriated or allocated for payment under this Agreement for
any future fiscal period, the County will not be obligated to make payments for services or
amounts incurred afrer the end of the current fiscal period. No penalty or expense shall
accrue to the County in the event this provision applies.
20. Contractor Commitments, Warranties and Representations:
The Contractor represents and warrants to the County as follows:
20.1 The Contractor is duly incorporated, validly existing and in good standing
under the laws of the State of Washington, and has all requisite corporate
power and authority to enter into and to perform its obligations under this
Agreement.
ZO.2 Tñe Contractor has the authority to execute this Agreement, to make the
representations and warranties set forth in it and to perform the
Professional Services Agreement (rev. 09/241201 8)
PageT oi 17
20.3
20.4
20.5
20.6
obligations of the Contractor under this Agreement in accordance with its
terms.
This Agreement has been validly executed by an authorized
representative of the Contractor and constitutes a valid and legally
binding and enforceable obligation of Contractor.
The Contractor has or will obtain prior to the commencement date such
licenses, permits and other authorizations from federal, state and other
governmental authorities, as are necessary for the performance of its
obligations under this Agreement.
The Contractor is not in violation of any applicable law, ordinance or
regulat¡on the consequence of which willor may materially affect
Contractor's ability to perform its obligations under this Agreement. The
Contractor is not subject to any order or judgment of any court, tribunal or
governmental agency which materially and adversely affects its
óperations or assets in the State of Washington, or its ability to perform
its obligations under this Agreement.
None ú tne representations or warrant¡es in this Agreement, and none of
the documents, statements, certificates or schedules furnished or to be
furnished by Contractor pursuant hereto or in connection with the
performance of the obligations contemplated under this Agreement,
conta¡ns or will contain any untrue statement of a materialfact or omits or
will omit to state a materialfact necessary to make the statements of fact
conta¡ned therein not misleading.
21. PatenUCopvriqht lnfrinqement:
Contractor will defend and indemnify the County from any claimed action, cause or
demand brought against the County; to the extent such action is based on the claim that
information supplied by the Contractor infringes any patent or copyright. The Contractor
will pay those costs and damages attributable to any such claims that are finally awarded
againsi the County in any action. Such defense and payments are conditioned upon the
following:il.l Contractor shall be notified promptly in writing by County of any notice of
such claim
Z1.Z Contractor shall have the right, hereunder, at its option and expense, to
obtain for the County the right to continue using the information, in the event
such claim of infringement is made, provided no reduction in performance or
loss results to the CountY.
22. Disputes:
22.1 General
Omerences between the Contractor and the County, arising under and by
virtue of the Agreement Documents shall be brought to the attention of the
County at the earliest possible time in order that such matters may be settled
or other appropriate action promptly taken. Except for such objections as are
Professional Sewices Agreement (ev. 09/241201 8)
Page I of 17
made of record in the manner hereinafter specified and within the time limits
stated, the records, orders, instructions, and decisions of the Kittitas County
Commissioners shall be finaland conclusive.
22.2 Notice of Potential Claims
The Contractor shàfl not be entitled to additional compensation which
otherwise may be payable, or to extension of time for (1) any act or failure to
act by the County, or (2) the happening of any event or occurrence, unless
the Óontractor has given the County a written Notice of Potential Claim
within ten (10) days of the commencement of the act, failure, or event giving
rise to the claim, ánd before final payment by the County. The written Notice
of Potential Claim shall set forth the reasons for which the Contractor
believes additional compensation or extension of time is due, the nature of
the cost involved, and insofar as possible, the amount of the potential claim.
Contractor shall keep full and complete daily records of the work performed,
labor and material used, and all costs and additional time claimed to be
additional.
22.3. Detailed Claim
The Contractor shall not be entitled to claim any such additional
compensation, or extension of time, unless within th¡rty (30) days of -the
comþÞtion of the portion of the work from which the claim arose, and before
final payment by the County, the Contractor has given the County a detailed
written statemeñt of each element of cost or other compensation requested
and of all elements of additional time required, and copies of any supporting
documents evidencing the amount or extension of time claimed to be due.
23. Ownership of ltems Produced:
n¡l writings, programs, data, public records or other materials prepared by the Contractor
and/or iis conıuftants or sub-Contractors, in connection with performance of this
Agreement shall be the sole and absolute property of the County.
24. Confidentialitv: '
fneıffictor, its employees, sub-Contractors, and their employees shall maintain the
confidentialty of all information provided by the County or acquired by the Contractor in
performance of this Agreement, except upon the prior written consent of the Kittitas
bounty prosecuting Attorney or an order entered by a court after having acquired
jurisdiótion over the-County. Óontractor shall immediately give to the County notice of any
judicial proceedings seeking disclosure of such information. Contractor shall indemnify
änd hoú harmless the Couñty, its Additional lnsureds, officials, agents or employees from
all loss or expense, including, but not limited to settlements, judgments, setoffs, attorneys'
fees and cosis resulting from Contractor's breach of this provision.
Professional Services Agreement (rev. Ogl24l2018)
Page 9 of 17
To the extent that any information obtained by the Contractor is required to be shared with
or provided to others by the terms of the Statement of the Work, this provision is not
breached by such acts.
25. Notice:
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement,
exceþt service of process, notice shall be given by the Contractor to the department head
of the department for whom services are rendered, and to the Kittitas County
Commissioners, 205 W srh Ave, Suite 108, Ellensburg, WA 98926' Notice to the
Contractor for all purposes under this Agreement shall be given to the address reflected on
the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first
class, postage prepaid.
26. Severabilitv:
tt an¡errn or condition of this Agreement or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To
this end, the terms and conditions of this Agreement are declared severable.
27. Miscellaneous:
ZZ I tne County's failure or delay to insist upon strict performance of any of the
provisions ôf tn¡s Agreement or to exercise any rights or remedies under this
Ágreement shall not be construed as a waiver or relinquishment to any
extent of its right to assert or rely upon any such provisions, rights or
remedies in thai or any other instance; rather the same shall be and remain
in fullforce and effect.
27.2 This Agreement embodies the entire Agreement between the County and
Contraðtor, and supersedes any and all prior agreements, regarding the
Work. No change, amendment or modification of any provisions of this
Agreement shalf be valid unless set forth in a written instrument signed by
the party to be bound therebY.
27.3 The rigñts and remedies of the Coun$ set forth in any provision of this
Agreement are in addition to and do not in any way limit any other rights of
remedies afforded to the County by any other provisions of this Agreement,
by any of Contractor's Support or by law.
27.4 T-he headings of sections and paragraphs of this Agreement are for
conveniencè of reference only and are not intended to restrict, affect or be
of any weight in the interpretation or construction of the provisions of such
sections or ParagraPhs.
28. Waiver:
Wa¡yffiny breach or condition of this Agreement shall not be deemed a waiver of any
prior or subsãquent breach. No terms or conditions of this Agreement shall be held to be
Professional Services Agreement (rev. 0912412018)
Page 10 of 17
wa¡ved, modif¡ed or deleted except by an instrument, in writing, signed by the parties
hereto.
29. Survival:
The provisions of paragraphs 7,9,11, 13, 14, 15,16,17,18, 19,20,21,22,23,24,28,
30, 31, and 32 shall survive, notwithstanding the termination or invalidity of this Agreement
for any reason.
30. Nondiscrimination
30.1 The County is an equal opportunity employer
30.2 Nondiscrimination in Employment
In the performance of this Agreement, the Contractor will not
discriminate against any employee or applicant for employment on the
grounds Of race, Creed, color, natiOnal origin, Sex, sexualOrientation,
maritalstatus, age or the presence of any sensory, mental or
physical handicap; provided that the prohibition against discrimination
in employment because of handicap shall not apply if the particular
disability prevents the proper performance of the particular worker
involved. The Contractor shallensure that applicants are employed,
and that employees are treated during employment without
discrimination because of their race, creed, color, nationalorigin, sex,
sexual orientation, marital status, age or the presence of any sensory,
mentalor physical handicap. Such action shall include, but not be
limited to: employment, upgrading, demotion or transfers, recruitment or
recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and programs for training including
apprenticeships. The Contractor shall take such action with respect to
this Agreement as may be required to ensure fullcompliance with
local, state and federal laws prohibiting discrimination in employment.
30.3
30.4
Nondiscrimination in Services
The Contractor will not discriminate against any recipient of any services
or benefits provided for in this Agreement on the grounds of race,
creed, color, national origin, sex, sexualorientation, maritalstatus, age or
the presence of any sensory, mental or physical handicap.
lf any assignment and/or subcontracting has been authorized by the
County, said assignment or subcontract shall include appropriate
safeguards against discrimination. The Contractor shall take such
action as may be required to ensure full compliance with the
provisions in the immediately preceding pamgraphs herein.
Professional Services Agreement (rev, 09 12412018)
Page 11 of 17
31. Prevailinq Waqe:
Contractor shall pay the prevailing rate of wages to allworkers, laborers, or mechanics
employed in the performance of any part of the Work in accordance with RCW 39.12
and the rules and regulations of the Department of Labor and lndustries. The schedule
of prevailing wages rates for the tocality or localities of the Work is determined by the
lndustrial Statistician of the Department of Labor and lndustries. lt is the Contractor's
responsibility to verify the applicable prevailing wage rate. lt is understood that the
Contractor is responsible for obtaining and completing all required government forms
and submitting same to the proper authorities.
Disputes regarding prevailing wage rates shall be referred for arbitration to the Director
of the Department of Labor and lndustries. The arbitration decision shall be final and
conclusive and binding on all parties involved in the dispute as provided for by RCW
39.12.060.
32. Debarment Certification :
The Contractor certifies that it:
32.1 ls not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any Federal
department or agency.
32.2 Has not within a three-year period preceding the execution of this contract
with Kittitas County, been convicted of or had a civiljudgment rendered
against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private
agreement oi transactioñ violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice.
32.3 ls not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of
the offenses enumerated in paragraph 32.2 of this section.
32.4 Has not within a three-year period preceding the preceding the execution
of this contract with Kittitas County had one or more public transactions
(Federal, State, or local) terminated for cause of default.
Professional Services Agreement (rev. Og 12412018)
Page 12of '17
EXHIBIT "A''
SCOPE OF WORK
ln addition to providing all material and labor, the Contractor shall perform the following
Remove and dispose of the existing asphalVconcrete'
Excavate to a total depth of 9 inches and dispose of the excavated material
Compact the exposed subgrade to the extent feasible.
Place fabric across the exposed subgrade. (Mirafi 500X or approved equal)
Place 7" crushed rock Base Course and 2" crushed rock top course.
Repave the area with 3" of Class "8" Mix in one List. (APWA spec)
Seal the paved area with emulsion at the rate of .1 gallon/SY.
Allwork must be done between June 17, and June 27, 2019.
The completed repairs need to have slope away from buildings to existing drainage
The areas colored in blue and ramp to gazebo (aqua blue) are included in repair.
1)
2)
3)
4)
5)
6)
7',)
8)
1,,1Êès,Jrå drslancÈ
Professional Services Agreement (rev. 09/2412018)
Page 13 of 17
EXHIBIT "B": COMPENSATION
As full compensation for satisfactory performance of the work, the County shall pay
Contractor compensation not to exceed:
Asphalt Demolition
- Saw cut, remove, haul and dispose 42,000 sf (525 tons) @ 2" depth existing asphalt
Concrete Demolition
- Saw cut, break, remove, haul and dispose 2,822 sf existing concrete @ 4" depth
Subgrade Prep
- Excavate, remove, hauland dispose 42,000 sf (1,944 tons) @ 10" depth
existing base/su bg rade material.
- Grade and compact subgrade prior to placing base.
Base Prep
BASE COURSE:
- Supply, install, grade, and compact 42,000 sf (1,679 tons) @ 7" average depth
crushed base material. -$32lTN
TOP COURSE:
- Supply, install, grade, and compact 42,000 sf (480 tons) @ 2" average depth crushed
base material. -$32lTN
- Includes Mirafi 500X or approved equalfabric barrier
- Central Paving, LLC will not be held responsible for subgrade failure if subgrade
prep is performed by others.
Asphalt Paving
- Supply, instal!, and compact 42,000 sf (839 tons) @ 3" average depth Class B
hot mix asphalt. -$94/TN.
- lncludes cold joint tack and seal if applicable
- Excludes any utility or catch basin riser placement, level, and patching
- Central Paving, LLC will not be responsible for base failure if base prep is
performed by others
Sealcoat
Clean asphalt, apply one coat of Washington State Department of Transportation
(WSDOT) Approved ArmorsealA-100 HD (Heavy Duty) sealcoat at a rate of 40 square
feet per gallon.
- 42,000 sf
Subtotal
Tax 8.3%
Total
$190,000.00
$ 15,770.00
$205,770.00
Professional SeMces Agreement (rev. Ogl24l201.8')
Page 14 ol'17
EXHIBIT "C''
PROOF OF INSURANCE
The Contractor shall secure and maintain in effect at all times during performance of the
Work such insurance as will protect Contractor, its Support and the Additional lnsureds
from all claims, losses, harm, costs, liabilities, damages and expenses arising out of
personal injury (including death) or property damage that may result from performance
of the work or this Agreement, whether such performance is by Contractor or any of its
Support.
All insurance shall be issued by companies admitted to do business in the State of
Washington and have a rating of A-, Class Vll or better in the most recently published
edition of Best's Reports unless otherwise approved by the County. lf an insurer is not
admitted, all insurance policies and procedures for issuing the insurance policies must
comply with Chapter 48.15 RCW and 284-15 WAC.
The Contractor shall provide proof of insurance for:
X Commercial General Liabilitv lnsurance
Coverage limits not less than:. $5,000,000 per occurrence. $1,000,000 per occurrence liquor liability. $1,000,000 products & completed operations aggregate. $1,000,000 personal and advertising injury, each offense. Certificate Holder - Kittitas Countyo The Certificate must name the County as additional insured
. S¡xty (60) days written notice to the County of cancellation of the insurance
policy
XCommercial Automobile Liabilitv lnsurance (if ANY use of vehicle in performance)
Automobile Liability for owned, non-owned, hired, and leased vehicles (MCS 90
endorsement and a AA 9946 endorsement must be attached if 'pollutants' are to be
transported). Coverage limits not less than:. $1,000,000 combined single limit. ThirtY (30) days written notice to the County of cancellation
of the insurance policy.
X Workers' Compensation
Professional Services Agreement (rev. 09/241201 8)
Page 15 of 17
Additional Coverage May Be Required:
Workers'Compensation in amounts required by law
Stop Gap/Emplovers Liabilitv
Coverage limits not less than:. $1,000,000 each accident. $1,000,000 disease - policy limit. $1,000,000 disease - each employee. Thirty (30) days written notice to the County of cancellation
of the insurance policy.
ffi Professional Liability
The Contractor and/or its Subcontractor and/or its consultant providing
professional services shall provide evidence of Professional Liability lnsurance
covering professional errors and omissions. Such policy must provide the
following minimum limits:. $1,000,000 per claim
' $2,000,000 annual aggregate. lf insurance is on a claims-made form, its retroactive date, and that of all
subsequent renewals, shall be no later than the effective date of this
Agreement.
Xl Pollut¡on Liability
The Contractor shall provide a Pollution Liability policy, providing coverage for
claims involving bodily injury, property damage (including loss of use of tangible
property that has not been physicalty injured), cleanup costs, remediation,
disposal or other handling of pollutants, including costs and expenses incurred in
the investigation, defense, or settlement of claims arising out of:
o Contractor's operations related to this project; and/or
. Remediation, abatement, repair, maintenance or other work with lead-based
paint or materials containing asbestos; and/oro Transportation of hazardous materials away from any site related to this
project
Such Pollution Liability policy shall provide the following minimum coverage:. $1,000,000 per claim
' $2,000,000 annual aggregate
fi Propertv Damage
The Contractor shall provide a policy that covers damage to Kittitas County
facilities, including buildings, equipment, grounds, etc. Such policy shall provide
the following minimum coverage:. $250,000 per occurrence
n Umbrella Coveraqe
Professional SeMces Agreement (rev. 09124/201 8)
Page 16 of 17
Umbrella policies shall provide coverage at least as broad as specified for
underlying coverages (CGL, Auto, Employer's Liability) and cover those insured
in the underlying policies, including additional insured.. Amount required for this Agreement: $
Contractor shall furnish the County a Certificate of Insurance to include the Policy
Endorsements/Exclusions as evidence that policies providing insurance required by this
Agreement are in full force and effect. Contractor hereby waives all rights of recourse,
including any right to which another may be subrogated, against Kittitas County for
personal injury, including death, and property damage. Contractor's insurance policies
required above shall be primary insurance and shall be non-contributing with any
other insurance maintained by Kittitas County.
The Contractor shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, Contractor's employee-owned tools, machinery, equipment, or
motor vehictes owned or rented by the Contractor, or the Contractor's agents, suppliers
or contractors as well as to any temporary structures, scaffolding and protective fences.
The Contractor shall have sole responsibility for ensuring the insurance coverage and
limits required are obtained by subcontractors.
NOTE: No contract shall form until and unless a copy of the Gertificate of
lnsurance with Endorsements/Exclusions, properly completed and in the amount
required, is attached hereto.
Failure of the Contractor to fully comply with the above insurance requirements during
the term of the Agreement shall be considered a material breach of contract and cause
for immediate termination of the Agreement at the County's discretion. Alternatively, the
County may procure and maintain, at the Contractor's sole expense, insurance to the
extent deemed proper up to the amount of the required coverage(s). The County may
offset the cost of such insurance against payment due to the Contractor under this
Agreement.
Professional Services Agreement (rev. 09f2412018)
Page 17 of 17
4|.ACORv D'
CENTPAV-o2
CERT¡FICATE OF LIABILITY INSURANCE DATE (MM/DD'YYYY}
5t17t2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(iês) must have ADDITIONAL INSURED provisions or be endorsed.
lf SUBROGATION lS WAIVED, subject
this certificate does not confer rights to
to the terms and conditions of the policy, certa¡n policies may require an endorsement. A statement on
the certificate holder in Iieu of such endorsement(s),
PRODUCER
Terril, Lewis & Wilke lnsurance, lnc.
P.O. Box 1789
Yakima, WA 98907
CONTACTNÅMF!
fJ8.tF". r*o, (509) 248-3515 fÆð, H"r'(509) 248-3673
INSURER{SI AFFORDING COVERAGE NÂIC T
TNS1JRER a,western National Mutual lnsurance co 15377
INSURED
Central Paving, LLC
PO Box 599
Ellensburg, WA 98926
IÀIS1IRER B :
INSIIRFR C :
INSIIRFR D:
INSURER F
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD
INDICATED. NoTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOROTHERDOCUMENTWTHRESPECTTO'UI/I-IICHTHIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINISSUBJECTTOALLTHETERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHO\^/N MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRITR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EXP LIMITS
A X COMMERCIAL GENERAL LIABILITY
CLAIMS.MADE OCCUR
LIMIT APPLIES
PRO-JECT I I
PER:
LOCPOLICY
X cPP1'.t76974 12t1'U20't8 12t1'1t2019
FAllH ô'IìI IRRFNI]tr s 1,000,000
ß 100,000
Mtrn trYP lÀñv ôña ôêrcôñì ç 5,000
PFPqôNÂI ¿ ÂD\/ IN II IRY ç 1,000,000
êFNtrRÂI ÂêêPtrGÀTF ß 2,000,000
PRônt reTs - côMprôp ÀGG s 2,000,000
WA STOP GAP s 1,000,000
A AUTOMOBILE LIABILITY
ANY AUTO
OVVNED
AUTOS ONLY
HIRED
AUTOS ONLY
X SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLYXX
cPPl I 76500 12t1il2018 ,t2t11t2019
g 1,000,000
BODILY INJtJRY lPer Derson)s
BODILY INJURY lPer accident)$
Jer A
s
A X UMBRELLA LIAB
EXCESS LIAB
X OCCUR
CLAIMS-MADE uM81029767 12t11t2018 12t11t2019
EACH OCCURRENCE q 2,000,0o0
AGGREGATE c 2,000,000
DED RÊTENTION $q
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIEIOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?(Mandatory in NHI
lf ves, descr¡be und€r
nÉSCRIPTIôN ôF OPFRATIôNS têlôw
N/A
PER
STÂTI ITF
OTH-
FR
E L EACH ACCIDENT $
E L DISEASE. EA EMPLOYEE s
F I DISEASE - POLICY LIMIT s
DESCRTPTTONOFOPERATIONS/LOCATIONStVEHICLES (ACORDl0l,AdditionalRemarksSchedule,4qyb_e,attqc¡gd-tmoç9P_i9e_l-sF_qq¡lell _.
K-¡ttiaá; öıüntyìiJ'of¡cãié, ãóêñiJ áñO employees are adititional insured per forni WNGL49 0715 and WNGA27'0616. Primary and Non-Gontributory applies per
form WNGL4907l5. Waiver of Subrogation appl¡es per form WNGL39 0818 and WNCA27 0616 Gompleted operat¡ons is provided per WNGL84 0715.
Endorsements are attached
Kitt¡tas County
205 West 5th Avenue
Suite 108
Ellensburg, WA 98926
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE*: n lú'[-,1
@ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ACORD 2512016t031
COMMERCIAL GENERAL LIABILITY
WN GL 49 07 15
TH¡S ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
PRIMARY AN D NONCONTRIBUTORY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section ll - Who ls An lnsured is amended to
include as an additional insured any person or or-
ganization for whom you are performing opera-
tions when you and such person or organization
have agreed in writing in a contract or agreement
that such person or organization be added as an
additional insured on your policy. Such person or
organiiation is an additional insured only with re-
spect to liability for "bodily injury", "property dam-
age" or "personal and advertising injury" caused,
in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured.
A person's or organization's status as an additional
insured under this endorsement ends when your
operations for that additìonal insured are complet-
ed.
However:
1. The insurance afforded to such additional in-
sured only applies to the extent permitted by
law; and
2. lf coverage provided to the additional insured
is required by a contract or agreement, the in-
surance afforded to such additional insured
will not be broader than that which you are re-
quired by the contract or agreement to provide
for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sion applies:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal
and advertising injury" arising out of the ren-
dering of, or the failure to render, any profes-
sional architectural, engineering or surveying
services, including:
a. The preparing, approving, or failing to pre-
pare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and specifica-
tions; or
b. Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against an additional insured allege negli-
gence 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", or the offense which caused the
"personal and advertising injury", involved the
rendering of or failure to render any profes-
sional services by you with respect to your
providing engineering, architectural or survey-
ing services in your capacity as an engineer,
architect or surveyor.
wN GL 49 07 15
lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.
Page 1 of 2
2. "Bodily injury" or "property damage" occurring
after:
a. All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than ser-
vice, maintenance or repairs) to be per-
formed by or on behalf of the additional in-
sured(s) at the location of the covered
operations has been completed; or
b. That portion of "your work" out of which
the injury or damage arises has been put
to its intended use by any person or or-
ganization other than another contractor or
subcontractor engaged in performing op-
erations for a principal as a part of the
same project.
C. W¡th respect to the insurance afforded to these
additional insureds, the following is added to Sec'
tion lll - Limits Of lnsurance:
lf coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is:
1. The minimum amount required by the contract
or agreement; or
2. The Limits of lnsurance shown in the Declara-
tions;
whichever is less.
This endorsement shall not increase the applicable
Limits of lnsurance shown in the Declarations.
D. The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory lnsurance
This insurance is primary to and will not seek
any contribution from any other insurance
available to an additional insured under your
policy provided that:
(l) The additional insured is a Named lnsured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
WN GL 49 07 15
lncludes copyrighted material of lnsurance Services Ofüce, lnc., with its perm¡ss¡on.
Page 2 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS -
AUTOMATIC STATUS WHEN REQUIRED IN
CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section ll - Who ls An lnsured is amended to
include the following:
Any person(s) or organizations(s) for whom you
have performed operations is also an additional
insured, if you and such person(s) or organiza-
tion(s) have agreed in writing in a contract or
agreement that such person(s) or organization(s)
be added as an additional insured on your policy
for completed operations. Such person(s) or or-
ganization(s) is an additional insured only with re-
spect to liability for "bodily injury" or "property
damage" caused, in whole or part, by "your work"
at the location specified in the written contract or
agreement and included in the "products-
completed operations hazard" .
However, the insurance afforded to such additional
insured:
1. Only applies to the extent permitted by law;
and
2. Will not be broader than that which you are re-
quired by the contract or agreement to provide
for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal
and advertising injury" arising out of the ren-
dering of, or the failure to render, any profes-
sional architectural, engineering or surveying
services, including:
COMMERCIAL GENERAL LIAB¡LITY
WN GL 84 07 15
a. The preparing, approving, or failing to pre-
pare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and specifica-
tions; or
b. Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against an additional insured allege negli-
gence 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", or the offense which caused the
"personal and advertising injury", involved the
rendering of or failure to render any profes-
sional services by you with respect to your
providing engineering, architectural or survey-
ing services in your capacity as an engineer,
architect or surveyor.
2. "Bodily injury" or "property damage" that oc-
curs prior to the execution of, or subsequent to
the expiration of, the contract or agreement in
which you agreed that such person(s) or or-
ganization(s) be added as an additional in-
sured.
wN GL 8407 15
lncludes copyrighted mater¡al of lnsurance Services Office, lnc., with its permission.
Page 1 of2
C. With respect to the insurance afforded to these
additional insureds, the following is added to Sec-
tion lll - Limits Of lnsurance:
lf coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is:
1. The minimum amount required by the contract
or agreement; or
2. The Limits of lnsurance shown in the Declara-
tions;
whichever is less.
This endorsement shall not increase the applicable
Limits of lnsurance shown in the Declarations.
wN GL 84 07 15
lncludes copyrighted material of lnsurance Services Office, lnc', with its permission.
Page2oÍ2
COMMER|CAL GENERAL LIABILfÍ Y
lttlil GL 3Ð 0818
COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
The CommErcial Generel Liability Enhancement Endorsomsnt is an optional endorsement that provides coverâgB
enhancements. Thsfollowing is a summaryf of brcadanEd coverages provided bythis endorsement. No coverage is
providåd bythis summary, refsrto following endoreemEnt for changes in your poliqy.
SUMMARY OF COVERAGES PAGE
Bodiþ lnjury An d Propeily Dama ge Liabililyo Non ûrrrnod Watsrcraft Up To 50 Feet....... ................. 2
Proparty Da ma ga Lia bility
Elevators.....
Fire, Lightning, Explosion Or Sprinkler Leakage Exception
Bonçwed Equipment ($45,000 PEr Occunence, S50,000 Aggregate,
$2,500 Dcductible Per Occurrence .............
o
a
a
Supplementary PayTnents - Amendedr Bail Bonds Up To $5,000...................r Loss of Eamings Up To $500IDaY ...
Who ls An lnsured Amendmentsr Employee Bodiþ lnjury To A C+Employ&e...............r NewS Formsd OrAcquired Organizations For Up To 180 Days ...................
r Blankst Additional lnsured - Vendors - As Requhed By Contract ................
r Blanket Additional lnsurcd - Lessor Of LeasEd Equipmentr Blanket Additional lnsured - Managers Or Lessors Of Premisesr Blanket Additional lnsured - State Or GovemmentalAgenqy Or Subdivision
Or Political Subdivision - Permits OrAulhorizations ...........
o Blanket Additional lnsured - State Or GovemmentalAgenqy Or Subdivision
Or Political Subdivision - Psrmits OrAuthorizations Relating To Pramisas
3
3
3
3
3
4
4
4
6
6
$I
0
Damaga To Premises Rented ToYou - $300,000
MedicalPaynents lncreased Limit - $10,000 OrAmount Shown on Dedarations
7
B
I
I
Conditionso Knowledge of Occunence, Offenss, Claim ù Suit Amendedr UnintgntionalFailure To Disdose Hazardsr Waivar of Subrogation ...............
lnsured Contrad Amanded 10
Personal And Advertising lnjury RedEfined
r TelevisEd, Videotaped Or Electronic Publication ..........1û
1
Wltl GL 39 0t I g lnolud* oowrþhÌÊd mttü¡rl of lnEuranos Strvlos offim, lno.. with its permission. Fage I ol l0
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
This sndorsement modif¡es the insuranca provided underthe following
UOMME RCIAL GE T{TRAL LIAtsI LI I Y UOVb,RA(;E I-ORM
"Bodily injul/' or "pnopêrty damage" arising outof the o,'rnerchip, maintenance, use or
sntrustmenl to others of any aircraft, "auto" or
watercrafr orrned or operated by or rented or
loaned to any insured. Use includes Õperation
and'loadin g or unloading".
This excl,¡sion appli*s even if the daims againsl
any hrsurad allege negligence or other
wrongdoing in the superuision, hiring,
employmcnt, training or monitoring of others by
that insured, if the "occurrence" which caused
the 'bodiþ irþy" or "pnoperty damage" involvedin th s own ership, ma intena nce, u s& or
sntrustmsnt to others of any aircraft, "auto" or
watercrall that is owned or opsratsd by or
rentEd or loaned to any hsured.
This exch,rsion does not app$ to:
(l) A watercraft while ashore on premises you
o+rn or rgnt:
G) A watercraft you do not own that is:
(r) Less th an 50 feet lon g; an d
(b) Not being used to cany penìons or
propsrty for a ctr arg e;
This Subparagraph (Z) applies to eny
pon¡on, who with your sxpressed or implied
conssnt, either uses or is responsible forthe
use of the watercraft;
COMMER,CIAL GE]IIER,AL LIABILfÍY
urrN GL 3Ð 08 18
(r) The operation of machinory or
equipmentthat is attaclred to, or pail of,
a land vehicle that would qualify under
the definilion of "mobile equipment" if it
were not subjad to a compulsotY or
finandal responsibility law or other
motor vehicle insurance law where it is
licen sad or principalf garag ed ; or
G) The oparation of any of the machinery
or equþmant lisred in Paragraph f. (Z)
or f. (3) of the definition of "mobile
equipment".
B. Drmrge To ProperQt Couerlgc E¡<trnsions
Item 2. Exclusbns, Faragraph J. is replaced by the
following:
j. Drm¡geToProperlr
'Fropert! damage'to:
fl) Propertyyou o\rrn, Ìent, oromrpy, including
any costs or expenses incuned by you, or
any othsr psrsön, organization or entity, forrepair, replacement, enhancemênt,
restoration ot maintenance of such property
for anyr$a$on, including prevantion of injuryto a person or damage to another's
propert!;
(2) Premises you sell, give away or abandon, if
the 'þroperty damege" arises out of any paÉ
of those premises;
Wilh rsspect to thE coverage provided bythis endorssment, the provisions of tha Coverage Form applyunless modifisd
bythic rndoreement. The SECTIONS of the CommercialGEnerelLiability Coverage Form identified in this endorsEment
willbe ¡msnded es shourn below.
SECf ION I - CO\TERAGES AMENDMET¡TS f3) Parking an "auto" on, or on the ways ne)d to,
covERAcE A - BoDrLy nrrruRy ArD FRopERw FJilli:å'.J"il."YJd:'iJ1-fH5fÍ-Ji;
DAIr¡IAGE L|ABILITY you orthe insured;
A. Non Own¡d Aircrrlt OrWrtcrcrrft 6) Liability assumed under any "insured
Irem 2. É<crusions, parasraph s. is reptaced by th* ffitni;JilJii;i,ü:*lf'rnaintenance
or
follorring:
9. Ai¡.crrtt,AubOrwrt¡rcnñ F) ;iilil inþty" or "propeny damage" arising
WN GL 39 0g 1g lnoluds ootrrrþhìed mdtsitl ol lnsur¡noe Srrvicee Offiæ. lno.. with hs permission. Page 2 of 10
S) Propedyloaned to you;
(4) Personal properly in the care, custody or
controlof the insured;
Þ) That partio,rlar part of real property on whictt
you or any contradors or subcontractors
working directf or indirectþ on your behalf are
performing operations, if the "property
damage" arises out of those operalions; or
(6) That partiorlar part of any prçperty that must
be restored, repaired or replaced because
'!ourworl(was inconedf performed on it.
Paragraphs (l), G) and (4) of this exdusion do not
apply to "propgrty damage" (c'ther than damage by
fira, lightning, explosion or sprinkler leakage) to
premises, iniluding the contents of such premises,
rented to you for a period of seven or fewer
consecutiva days. A separate limit of insurance
applies to Damage To Prsmises Rented To You as
describad in SECIlOltl ¡ll - Lllt,lffS OF INSURAÌ'ICE.
However, the provisions of this paragraph do not app$r
if coverage for Damaga To Premises Rented To You
is axcluded by cndorsemsnt.
Paragraph (2) of this Exdusion does not apply if the
premises arÊ "your work' and were never occupied,
rented or h eld for rental bY You.
Faragraphs (3) and (4) of this exdus¡on do not apply
to the use of elevators.
Paragraphs (3), (4), 6) and (6) of this exclusion do not
apply to liability assumed under a sidetrack
agreement.
Paragraph (4) of this exc¡Ision does not app$ to
"pnoperly damaga" to borroured equipment while not
being used to peform operations at the jobsite.
Subject to Paragraph 2. of SECTlOftl lll - Llfdffs OF
INSURANCE, the rules below fix the most we will pay
for "propeÉf da mag e. u nd sr this provision:
fl) $45,000 any ons "occurrênce", regardless of the
number of parsons or organizations who sustain
damages because of that "ocoJrence";
t2) S50,000 annual aggregate; and
F) Wewill pay onlyfor damages in excess of $Ê,5Û0
as a resuk of any ong'ocflJnence", regardless of
the number of persons or organizations who
suslain damages because of that "occurencê".
We may, or if required by law, pay all or any pert
of any deductible amount, f applicable, lo efied
settlement of any claim or "suit". Upon nolice of
our paylnsnt d a deductible amount, you shall
promptþ rsimburse us for the paÈ of the
deductible amount we paid.
Paragraph (6) of this excfudon does not app$ to
"pnoper|y d ama gB" in dud ed in th e
"pnod uct+completed operation s haza rd".
The insurance prov¡ded for "pnopedy damage" fnom
the use of elevators and for "propeny damage" to
boncwed equipment is sxcess over any other valid
and collectible property insurance (including any
dedudible portion thereof) available to the insured
whether primary, ax€ess, contingent or on any other
basis.
C. Dem¡gc To Prcmiscs Rcntod To You
Item 2. Exclusions, the lasi paragraph is replaced by
the following:
Exclusions e. through n. do not apply to damage by
firs, lightning, explosion or sprinkler leakage to
premises while rented to you or temporarily ocolpied
by you with permission of the oìi¡./nêr. A separate limit
of insurance applies to this coverT¡gê as described in
Paragraph 6. of SECflOil lll Llft¡llTS OF
IHSURANCE.
COVERAGE B PERSOÍìIAL AftID ADVERTISING
I]ìIJURY LIAHLTY
D. PsrsonrlAnd Ádvcrtislng lnjury
Item 2. Exclusions is amended by replacing
Subparagraphs b. and c. wilh the following:
b. Mrterial Publish¡d With Knowhdgc Of Falsi$¡
"Personal and advertising injurif' arising out of
oral, written, lelevised, videotaped or ele'dronic
publication, in any manner, of material if done by
or at the direction of the insured with lüowledge of
its falsilY.
c. M¡tcriel Publishd PrlorTo Folicy Pubd
"Psrsonal and adveÉising injurt'' arising out of
oral, wrilten, televised, videotaped or elednonic
publication, in any mannsr, of material whose first
publication took place before the beginning of the
policy pariod.
SUPPLEMEHTARY PAYI'IEÍIITS - COVER GES A
AND B
E. Supplementary Prymrnts - Coverrges A rnd B
Item f . is amended by replacing Subparagraphs b.
and d. with the followlng:
b. Up to S5,000 for cost of bail bonds required
because of accidsnts or traffic law violations
arising out of the use of any vehids to which the
Bodiþ lnjury Liabllity Covorago applies. We do
not have to fumish these bonds.
d. All reasonable expenses lncüned by the insured at
our request 1o assist us in the investigation or
defense of the clahn or "suit", induding adual loss
of eamings up to S50û a day because of time off
fnom work.
ì¡lIN GL 39 08 18 tncludæ oopyrþhted matüidl of lnsuranoe Sen'lo¡ñ Offirê. lnc.. with its permission. Fagc 3 of 10
S E CT ION ll - Wl{O I S Al,l lltl S UR E D Â['l E ftDHE ¡fTS
A. Empbyee Bodiþ lnjury To A CoEmplo¡¡cc
Paragraph 2. r. (l) is replaced bythe follo'ring:
However, nong of these "employÈes" or 'Vol¡nteer
v/orkers" are insureds for "bodif injury" or "personal
and advertising injuS':
(r) To you, to lour paÉners or members (if you are
a partnership or joint venture), to your members
(if you are a limited liability companyJ, to a
co-"employos" while in the course of his or her
employmcnt or performing duties related to the
conduct of your business, or to your other
'Voluntssr worksrs" while perfoming duties
rElatEd lo ths condud of your business:
Ë) To the spouse, child, parent, brother or sister of
the c+"employê6" or 'Volunteer worker" as a
cônssquenca of Faragraph (lXa) above;
(c) For which there is any obligation to share
damageswlth or repay somåone else who must
pey damagÊs because of the injuryr descdbed in
Paragraph (lXr) or (þ) above; or
(d) Arising out of his or her providing or failing to
provide professional health care seNices.
Howevq if a suit seekJng damages for "bodily
injurt'' or "personal and advedising injury" to âny
co-"employae" or other'Volunteer workef' arising out
of and in the course of the co-"employee's" or
'Volun teer worker's" employrnent or wh ile performin g
duties related to the condud of your business, or a
suit seeking damages brought bythe spouse, ctrild,
parent, brother or sister of the c+"employee" or
other'VoluntÊerworlqÊf', is brought against you or a
co-"Èmploleê" or a 'Volunteer w+rkef', we will
reimburse the reasonable costs that you incur in
providing a defense to the cÈ"employee" or
'Volunteer worke/' against such matters. Any
reimbursement made pursuant lo this subsection
will be in addition to the limits of liability sst forth in
the Declarations.
B. ltlewly Acquired Orgrnlzetbns
Paragraph 3. r. is replaced bythefollowing:
r. Coverage under this provision is afforded only
until the 1Bfl day afteryou acquire orform the
organization or the end of the poliqy period,
which*ver is earlien
The following are added:
C. Bl¡nkct Additbnal lnsur¡d - Vendors - As
Rrquired By Contract
1. S*,tion ll - Who ls A¡r lnsur¡d is amanded to
include as an addltional insured any person(s) or
organization(s) (referred to throughout this
endorsement as vendor) with whom you have
agread in a wrilten contract. exeilted prior to
los$, to name as an additionalinsurEd, but onf
wlth resped to "bodily injurt'' or "propedy
damage" arising out of "your prcducts" whidr
are distributed or sold in the regular course of
the vendoy's business.
However,
,. The insurance afforded to such vendor only
appliastothe extent permitted bylaw; and
b. lf coverage provided to the vendor is
røquired by a contrad or agreêment, the
insurance afiorded to such vendor will not
be broader than that which you are required
by ths contrad or agreement to pnovid* for
such vendor.
2. With respect to the insurance afiorded to these
vendors, the following additional exclusions
apply
r. The insurance afforded the vendor does not
applyto:
fl) "Bodily inju6/' or "propeû! damage" for
which the vendor is obligated to pay
damages by reason of the assumption
of liability in a contrad or agreement.
This exclusion does not applyto liability
for da mag es th at the ven dor wou ld have
in the absence of the contrad or
agreement;
(2) Any sxpress \/ananty unauthorÞed by
you;
f3) Any physical or chemical change in the
product made intentionally by thB
vendori
({} Repackaging, excêpt when unpacked
solely for tha purpose of inspedion,
demonstration, testing, or the
substitution of parts under instructions
frcm th e m anufactu rer, an d then
repacka ged in the original contain er;
WN GL 39 08 18 lnoludeo ootrt'rÞhrÊd m¡tüidl ol lnsurrnoe Services offim. lno.. with its permission. Page 4 of 10
F) Any failure to make such inspedions,
adjus{ments, tests or senricing as the
vendor has agreed to make or normally
undeÉakes to make in the usual courss
of business, in conneclion with the
distribution or sa le of th e produ cls;
(6) Demonstration, installation, sefficing or
repair operations, sxcept euch
oparations performed at.the vsndor's
premises in connedion with the sale of
tha product;
O) Produ cls which , after d istribution or sa le
by you, have been labeled or relabeledor used as a container, pad or
ingredient of any other thing or
substance by orforthe vendofi or
(8) "Bodily injury'' or "proper{y damage"
arising out of the sole negligsnce of thE
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exdusion does not applYlo:
0) The exceptions contained in
Su bpa ra gra ph s (4) or (6); or
fii) Sudt inspections, adjustments,
tests or servicing as the vendor has
agreed to make or normallY
undeÈakas to make in the usual
course of business, in connedion
wilh lhe distribution or sale of the
products.
3. This Provision C. does not apply
â. To any insured psrson or organization from
whom you have acquired such produds, or
any ingredient, pad or container, enlering
into, accompanying or containhg such
products;
b. To any vendor for which covêrage as an
additional insured spacifically is scheduled
by endorsement; or
c. WhEn liability included within the
"produd+completed operations hazardo has
been exduded for such produd either bythe
provisions of the coverâgê pan or by
endorsement.
4. With resped to the insurance afiorded to these
vendors, the following is added to Scction lll -
Limits Of lnsurrnc¡:
lf coveraga provided lo the vendor is required by
a contrad or agreÊmsnt, the most we will pay on
behalf of the vendor is:
r. The minimum amount rcquired by the
contra d or a greement; or
b. The Limits of lnsuranc¿ shown in the
Dedarations;
whichever is lEss.
This sndorsement shall not hcrease the
applicable Limits of lnsurance shown in the
Dedarations.
5. Wilh respect to ths insurance aforded to these
additional insureds, the followlng addilional
exdusion applies:
This insurance does not applyto:
r. "Bodily injuryf", "prcperly damage" or
"pÊrsonal and advertising injuty" arising out
of the rendering of, or ths failure to render,
any professional archilsctural engineering
or surveying setvices, incb ding :
(l) The preparing, approving, or failing to
prspare or approve, maps, shop
drawings, opinions, reports, suNeys,
field orders, change orders or drawings
and specificati+ns; or
(2) Supervisory, inspsction, architedural or
en gin eerin g a ctivities.
This exdusion applies even if the claims
egainst an additional insured allage
negligence or othEr wrongdoing in the
supeñision, hiring, omplo¡ûnent, training
ormonitoring of others bythat insured, if
the "occunsnce" whiclt caused the
"bodily injurt'' or "property damage", or
the offense whidt caused the "personal
and advertising lnlunf,, involved the
rendering of or faih¡re to rander any
professional seruicss ry you with
resped to your prcn/lding engineering,
ardritectuml or suveylng seruices in
your capacity as en engineer, architedt
or surveyor.
Wf{ GL 39 0g 18 lncludeo ootrrrbhtÊd m¡túlsl d lnsuranoe SÊrvlo¡ñ Offiæ. lno., with its permission. Pagc E of 10
D. Bl¡nket ådditional lnsurcd - Lcssor Of Lcasd
Equipment
1. S¡ction ll - Who ls Alr lnsured is amended to
include as an additional insured any person(s) or
organization(s) from whom you lease equipment
when you and such person(s) or organization(s)
have agreed in wriling in a contrad or
agreement, elteqJted prior to loss, that such
parson(s) or otganizalion(s) be added as an
additional insured on your poliqy. Such
person(s) or organization(s) is an insured only
wilh rosped tô liability for "bodiS inju$',
"properly 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(s) or
orga nization(s).
H oweven th e in su ran ce afford ed to su ch
additional insured:
r. On[ applies to the extent permilted by law;
and
b. Will not be broader than that whiclt you are
required by the contract or agreement to
provid e for such ad ditional insu red.
A person's or organization's status as an
additional insured under this endorsement ends
when their contract or agreement with you for
such leased equipment ends.
2. WiÌh respact to the insurance afiorded to these
additional insureds, this insurance does not
apply to any troc{rJnence" whiclt takes place
aftertha equipment lease expires.
3. With resped to the insurance afiorded to these
additional insurcds, the following is added to
Sæ,tion lll - Limits Of lnsurrnce:
lf coverage providsd to the additional insured is
required by a conlract or agresmÊnt, the most
we will pay on behalf of the additional insured is:
r. The minimum amount required by tha
contrad or agreement; or
b. Ths Limits of lnsurance shown in the
Dedarations;
whidraver is less.
This endorsement shall not increase
applicable Limits of lnsurance shown in
Dedarations.
4. Wlth respect to the insurance afiorded to these
additional insureds, the following addilional
exdusion applies:
This insurance does not applyta
l. "Bodily injury", "prçpe{y damagÈ" or
"pèrsonal and advertising injury" arising out
of the rendering of, orthe failure lo rendel
any pnofessional architectural, engineering
or surveying seruices, inclu ding :
(l) The preparing, approving, or failing to
prsparÊ or approve, maps, shop
drawings, opinions, rÊpoils, suNeys,
field orders, ctrange orders or drawings
and specifications; or
(2) Supervisory, inspection, architedural or
en gin eerin g a divities.
This Exdusion applies aven if the claims
ag ain s't an a dditiona I in sured alleg e
negligonce or. other wrongdoin.g .in the
suþervision, hiring, employtnent, training or
monitoring of othsrs by that insured, if the
"occunence" which caused the "bodily
injur/' or "pnopèrty damage", or the offense
whi<l¡ caused the "personal and advertising
injurt'', involved the rendering of orfailure to
render any professional services by you with
resped to your providing engineering,
ardritectural or surueying seruices in your
capacity as an engineeq architect or
suNêyor.
E. Bl¡nkct Additiond lnsurcd Man¡gers Or
Lcssors Of Premiscs
1. Srtion [ - ìl9ho ls A¡r lnsurd is amended to
include as an additional insured any person(s) or
organization(s) with whom you have agnaed in a
written contrad, execr¡ted priorto loss, to name
as an addilional insurEd, but onlywith respecl to
liability arising oul of the ownership,
maintenance or uss of that part of the premises
leased to you, subject to the following addilional
eùtdusions:
This insurance does not applyto:
r. Any "ocütrence" which takes place ater
you cêase to be a tenant in lhat premises.
b. Struclural alterations, new construdion or
demolition operations performed by or on
beha lf of su ch a dd ition al in su red.
lhe
the
Wftl GL 39 08 1B lncludes ootrt'rbhrd mltÊri¡l ol lnsur¡noe Servioæ ollicÊ. lno.. with its permission. Fage ô of 10
Howeven
r. The insurance afforded to such additional
insured onS applies to the extent permitted
by law; and
b. lf coverage prov¡ded to the addilional
insured is required by a contract or
agreement, the insurancE afforded to suclt
additional insured will not be broader than
that which you are required by the contrad
or agreemsnt to provide for such additional
insursd.
2. Wilh respect to thE insurance afforded to these
additional insureds, ths following is added to
Sæ.tion lll- Limits Of lnsurrncc:
lf coverage providÈd to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the addilional insured is:
r. The minimum amount required by the
contrad oragrcemsnt; or
b. The Limits of lnsurance shown in the
Dedarations;
which ever is less.
This en dorsement sh all n ot in crea se th e
applicable Limits of lnsurance shown in the
Deda rati+n s.
3. Wilh resped to the insurance afforded to these
additional insureds, the following additional
e,xdusion applies:
This insurance does not applYto:
r. "Bodily injury", "prope(f damage" or
"personal and advertising injuty" arising out
of the rendering of, or ths failure to render,
any pnofessional arclritectural, engineering
or surveying seN¡ccs, inclu ding :
(l) The preparing, appraving, or failing to
prspars or approvs, maps, shoP
drawings, opinions, repods, survsys,
field orders, change orders or drawings
and specifications; or
(2) Supervisory, inspection, architedural or
en gin eerin g a ctivities.
This exdusion applies even if the claims
ag ain si an a dditiona I in sured alleg e
negligence or other wrongdoing in the
suþeMsion, hiring, employment, training or
monitoring of others by that insured, if the
"occun Ðnãe" which bused the "bodily
injurf' or "propeny damage", or the offense
which caused the "personal and advertising
injurt'', involved the rendering of or failure to
render any professional servlces byyou with
resped to your providing engineering,
archltectural or survÊying services in your
capacity as an engineer, architect or
su NByor.
F. Blanket Additional lnsurd St¡tc Or
Govcrnmcntd Agrncy Or Subdivision Or
Polilical Subdivision - Psrmits Or Authorir¡tions
S*,tion ll - llVlro ls An lnsurd is amended to
include as an additional insurEd any Sate or
govemmental agency or subdivision or pofitkal
subdivision with whom you have agreed in a witten
contra'd, executed prior to loss, to name as an
additional insured, subject to the following
provisions:
1. This insurance applies onþ with resped to
operations performed by you or on your behalf
for which the statE or govemmsntal agenqy or
subdlvision or political subdivision has issued a
permit or authorization.
Howeven
r. The insurance afforded to such addilional
insured only applies to the extent permitted
by law: and
b. lf coverage provided to ths additional
insured is required by a contract or
agreêment, the insurance afforded to such
additional insured will not be broader lhan
that which you are required by the conlrad
or agreemBnt to provide for such additional
insured.
2. This insurance does not applYto:
r. "Bodily injuryt", "prcperty damage" or
"personal and advertising iniury" arising out
of operations performed for the federal
govemmsnt, state or municJpality or
b. "Bodily injury" or "propeÉy damagE"
included within the "prsdud+completed
operations hazard".
3. With respecl to the insurance afforded to these
additional insureds, the following is added to
Section lll - Limifs Of lnsurance:
lf coverage prsvided to the additional insured is
required by a contract or agneÈmÐnl, the most
wewill pay on behaf of the additional insured is:
r. The minimum amount required by the
contrad or a greement; or
b. The Limits of lnsurance shown in the
Deda ration s;
whichever is less.
This sndorsement shall not incraase the
applicable Limits of lnsurance shown in the
Declarations.
WN GL 39 08 18 lncludes oogvrþhtrd materi.l sf lnsuranoe Servicrs Olliæ. lno.. with its permission Page 7of I0
4. With resped to the insurance afiorded to these
additional insureds, the following additional
e,xclusion applies:
This insurance does not applYto:
r. "Bodlly injury", "pnoperly damage" or
"personal and advertising injury" arising out
of the rÊndering of, orthe failure to render,
any professional architectural engineering
0r $un/sying $etvices, inclu ding :
(l) The preparing, approving, or failing to
prspare or approve, maps, shop
drawings, opinions, repods, surveys,
field orders, ctrange orders or drawings
and specifications; or
B) Supervisory, ¡nspection, architedural or
en gin eerin g a ctivilies.
This exclusion applies even if the claims
ag ain st an a dditiona I in sured alleg e
negligence or. other wrongdoin.g .in the
supervision, hiring, employment, training or
monitoring of others by that insured, if the
"occuffence" which caused the "bodily
injuryf or "pr,openy damage", or the offense
whidr caused the "personal and advertising
injurt'', involved the rendering of or failure to
render any professional services by you with
resped to your pnoviding engineering,
ardtilecturäl or suNeying seruices in your
capac,ity as an enginee¡ architect or
suNeyor.
G. Bhnket Additionrl lnsurcd State Or
Governmentd Agency Or Subdivision Or
Pollticr I Su bdivisbn - P e rmits Or Autho rir ations
Relrting To Prsmises
Seclion ll - Yttlro ls An lnsured is amended to
include as an additional insured any state or
govemmental agency or subdivision or political
subdivision with whom you have agreed in a wdtten
contrad, executed prior to loss, to name âs an
additional insured, subject to the following provision:
1. This insurance applies only with respect to the
following hazards for which the s{ate or
govemmsntal agenqy or subdivision or political
subdivision has issued a permit or authorization
in connedion with premises you own, rent or
control a nd to which th is in su ran ce a pplies:
l. The existence, ma inten ance, lepa ir,
construction, eredion or rem oval of
advertising signs, awnings, canopies, cellar
Ðnlmnces, coal holes, driveways, manholes,
marquees, hoist away opanings, sidewalk
vaulls, street banners or dscorations and
similar êxposu res; ûr
b. The construclion, eredion or removal of
elevatçrs; or
c. The ownership, maintenancê or use of any
elevatons covered by th is insuran ce.
Howevel
r. Tha insurance afforded to such addilional
insured onI applies to the extent permitted
by law; and
b. lf covêri¡ge prov¡ded to the additional
insured is requir*d by a contract or
agrocment, the insurance afforded to suclt
additional insured will not be broader lhen
that which you are required by the contrad
or agrsement to provide for such additional
insured.
2. With respecl to the insurance afiorded to thsse
additional insureds, the following is added to
Scction il- Limits Of lnsurence :
lf coverage pnovided to the additional insured is
required by a contract or agreÊment, the most
we will pay on beha lf of the a dd ition al in sured is:
r. The minimum amount required by the
contrad or a greementi or
b. The Limits of lnsurance shown in the
Dedarations;
whichever is less.
This endorsement shall not increasa the
applicable Limits of lnsurance shown in the
Dedarations.
3. With respect to the insurance afiorded to these
additional insureds, lhe following addilional
exdusion appllies:
This insuranca does not applyto:
a. "Bodily injuty", "properly damaga" or
"personal and advertising injury" arising out
of the rendering of, orthe failure to render,
any pnofessional architectural, enginesring
or survcying ssrvicês, inclu ding :
(l) The preparing, approving, or failing to
prèparê or apprsve, maps, shop
drawfoigs, opinions, repofts, sutveys,
field orders, clrange onders or drawings
and specilications¡ or
(2) Supervisoty, inspection, architedural or
en gin eerin g a divities.
ìllIN GL 39 0S 18 lnotudse oowrbhted m¡terial of lnsuranoe Scn4oec Off iæ. lno., with its pcrmission. PaOe I of 10
This exclusion applies even if the claims
against an additional insured allege
negligence or other wrongdoing in the
superuision, hiring, employment, training or
monitoring of others by that insured, if the
"occurgnce" which caused the "bodily
injur5fl or "pnoperty damage", or the offense
whiclr caused the "personal and advertising
iniurr¡', involved the rendering of orfailure lo
njnder any professional services by you with
rÊsped to your providing engineering,
arclrilectural or surveying services in your
capacity as an enginãen architect- or
sufveyor.
SECTIOiI III L¡MITS OF INSURAI'ICE
AMENDMENTS
A. Dam¡ge To Prsmiscs R,¡ntsd To You
Paragraph 6. is replaced bythefollowing:
5. Subject to Paragraph 5. above, the most we will
pay under Coverage A for damages bedause of
"pnoperly damage" to any one premises, while
rented to you, or in the case of damage by lire,
lightning, explosion or sprinlder leakage, while
rented to you or temporarily occupied by you
wilh perm ission of th e owner is th e greater of:
r. $300,000¡ or
b. The amount shown next to the Damage To
Premises Rented To You Limit in the
Dedarations.
Howeven the provisions of this paragraph do not
apply if Damage To Premisas Rented To You
Coverage is exduded by endorsement.
B. M¡dical Expense Limit
Faragraph 7. is replaced wilh tha following:
7. Subject to Paragraph 5. above, the most we will
pay under Covarage C for all madical expenses
because of "bodily injurlf' sustained by any one
person is the greater of:
r. $10,000; or
b. Tha amount shown ns)d to the Medical
Expense Limit in the Declarations.
This insumnce does not apply if coverage for
Medical Expenses is excluded either by the
prov¡sions of the covÊrilgs part or by
endorsement.
SECTIOI.I IV - COMMER,CTAL GENERAL ]JAB¡LITY
CONDITIONS AMENDMENTS
A. Knowldgs Of Occurr*ncc
Item 2. Dutics ln Thc Evcnt Of Occurrmcc,
Offensc, Claim or Suit is amended by adding the
following:
s. You musl givÊ us or our authori¡ed
representat¡vs prompt notice of an 'occunence",
claim or loss only when the "occ¡.¡nence'. claim
or loss is kn own lo:
(l) You, if you are en individual:
(2) A partne¡ if you are a partnershþ;
(3) An Executive officer or insurance manager,
if you are a corporation; or
({) A membÈr or manage¡ if you are a limited
liabilily company.
B. Othcr lnsurrnce
Item {. Olher lnsurrncc, b. Excsss lnsuranc¡ (1}
(a) {i) is replaced bythe following:
0D That is fire, lightning, explosion or sprinkler
leakage insurance for premises rented to you or
tamporarily occupied by you with permission of
the owner:
C. Unintentbnal Failure To Disclosc Hr¡e¡ds
Item 6. Represcntations is replaced by the
following:
6. R.eprcsentations Atrd Unintnntional Failure
To Disclose Harrrds
r. By accepting this poliqy, you agree:
fl) The statements in the Dedarations are
acolrate and complete;
(2) Thosa statements are based upon
representations You made to us: and
f3) We have issued this poliqy in reliance
upon you r rapresentation s.
b. lf you unintentionalþ fail to disclose any
ha¿ards existing at the inception date of
your policy, wewill nol denycoverage under
this Coverage ParÌ because of such failure.
How*v*r, thìs provision does not affect our
right lo collect additional premium or
exercjse ou r rig ht of ca ncellation or
non-renewal.
WN GL 39 0g 18 lncluds ooryrþhrsd mtt$ial of lnsurdncÊ Services ofl¡ce. lno.. whh its permission. Page I oÍ 10
D. Wrivcr of Subrogatbn
Item 8. Tr¡nsfcr of Rights of Rccovery Against
Othcrsb Us is hereby amended by the addition of
the following:
WE waive any right of recovery we may have
because of payments we make for injury or damage
arisin g out of your on goin g operation s or "your worK'
done under a written contract, executed priorto loss,
requ irin g such waiver with thal psrson or
orga nization a nd inclu ded in lh e
"produd+complet*d operations hazard". However,
our rights may on[l be waived prior to the
"occ{¡nunce" giving rise to the injury or damage for
whiclr we make payrnent underthis Coverage Parl.
The insured must do nothing after a loss to impair
our rights. At our request, the insured will bring
"suit" or transfer those rights to us and help us
enforce those rights.
S E Cf ION V - DEFltlff lO¡lS AMEHDI,|E]IITS
A. lnsured ContnctAmended
Paragraph 9. r. is replaced by the following:
r. A contrad for a lease of premises. However,
that portion of the conlract for a lease of
pr*mises that indemnifies any person or
organization for damage by fire, lightning,
explosion or sprinkler leakage to premises while
rented to you or temporarlly occupied by you
with permission of ths ownsr is not an "insured
contrad";
B. Perconal And Mv¡rtising lnjury Rrdcf¡nd
Paragraph 1¡f. d. and e. are replaced by the
following:
d. Oral, written, televised, videotaped or elednonic
publication of material that slanders or libels a
penion or organization or disparages a person's
or org an ization's g oods, prod ucts or seNice:
e. Oral, written, televised, videotaped or eledronic
publication of material that violates a person's
right of privagr
WN GL 39 0Ê I I lnotudes oopyrbhted mdtsi¡l of lnsuranoe SèrvioÊû offiæ. lno.. whh its pcrmission. Page 10 of I 0
wN cA 27 0616
BUSINESS AUTO ENHANCEMENT ENDORSEMENT
The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements'
The following is a sunrmary of broadened coverages provided by this endorsement. No coverage is provided by this
summary. refer to following endorsement for changes in your policy.
ffii
SUMMARY OF COVERAGES
Accidental Airbag Deployment Coverage
Auto Loan/Lease Gap Coverage
Blanket Additional lnsured
Blanket Waiver of Subrogation
Broadened Definition of lnsured includes
PAGE
4
4
2
5
r Newly Acquired Organizations for up to 180 Days
r Employees as lnsureds
r Subsidiaries in Which You Own 500/o or More
Deductible Waiver for Glass Repair
Employee Hired Auto
Fellow Employee Coverage
Hired Auto Physical Damage coverage
Knowledge of Accident. Claim, Suit or Loss
Loss Of Use Expenses - Amended
Personal Effects
Rental Reimbursement Coverage
Supplementary Payments - Amended:r Bail Bonds up to $5,000r Loss of Earnings uP to $500/DaY
Transportation Expense Limits - Amended
Unintentional Failure to Disclose Hazards
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WN CA 27 06 16 lncludes copyrighted material of lnsur¡nce Services Oflice. lnc., with its permission.Pagc 1 of 5
wN cA 27 0616
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BUSINESS AUTO ENHANCEMENT ENDORSEMENT
This endorsement modifies the insurance provided under the following
BUSINESS AUTO COVERAGE FORM
With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement
willbe amended as shown below.
SECTION ll - COVERED AUTOS LIABILITY 9. Any "employee" of yours is an "insured" while
g9VERAGE AMENDMENTS operating a covered "auto" hired or rented
A. who rs An Insured :J,$;r:"'":"T:i:. ïnrltiäiïil?,,,n:
SECTTON '
_ COVËRED AUTOS LtABtLtW while performing duties related to the conduct
covERAGE, A. coveragc, 1. who l¡ An lnsured of your business'
is amended to add: B. Blanket Additional tngurcd
d. Any legally incorporated subsidiary of yours in
which you own more than 500/o of the voting
stock on the effective date of this coverage
form.
However, "insured" does not include any
subsidiary of yours that is an "insured" under
any other automobile liability policy, or would
be an "insured" under such poliqy but for
termination of such policy or the exhaustion on
such policy's limits of insurance.
G. Any organization which is newly acguired or
formed by you and over which you maintain
majority ownership. However, coverage under
this provision:
(1) is afforded only for the f¡rst 180 days after
you acquire o¡ form the organization or
until the end of the policy period.
whichevet comes first;
(2) does not appþ to "bodily injuÐf or
"properly damage" that results from an
"accidenf that occurred before you formed
or acquired the organÞation;
(3) does not app! to any newly acquired or
formed organization that is a joint venture
or partnership; and
(¿l) does not apply to an 'insured" under any
other automobile liability policy, or would
be an "insured" under such a policy but for
termination of such policy or the
exhaustion of such policy's limits of
insurance.
f. Any "employee" of yours is an "insuled" while
using a covered 'äuto" you dont own, hire or
borrow in your business or yout personal
affairs,
WN CA 27 06 16 lncludes copyrighted matorial of lnsuranco Services Olfice, lnc., with its permission.
SECTION II - COVERED AUTOS LIABILITY
COVERAGE, A. Coverage, 1. Who ls An
In¡ured, paragraph c. is amended to add the
following:
Any person or organÞation who is required under a
written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodity injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an
additional insured is an "insured" for Liabitity
Coverage, but only for damages to which this
insurance applies and onþ to the extent that
persons or organization qualifres as an 'insured"
under the Who ls An lnsured provision contained in
Section ll.
C. Liability Coveragc Extcn¡ion¡ - Supplemcntary
PaymGnt¡
SECTION II - COVERED AUTOS LIABILIW
COVERAGE, A. Covcragq 2. Covrragc
Extensions, a. Supplcmcntary Paymcnts is
amended by replacing subparagraphs (2) and (4)
with the following:
(2) Up to $5,000 for cost of bail bonds (including
bonds for related trafftc law violations) required
because of an "accident" we cover. We do not
have to furnish these bonds.
(¡l) A¡l reasonable expenses incurred by the
"insured" at our request. including actual loss
of earnings up to $500 a day because of time
off from work.
Pagc 2 ol 5
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D. Fellotv Employee Coveragc
SECTION II - COVERED AUTOS LIABILITY
COVERAGE, B. Exclusions, 5. Fellow
Employec, the following is added:
Co-Employee Lawsuit Defon¡c Co¡t
Reimbursement
lf a suit seeking damages for "bodily injury" to any
fellow 'employee" of the "insured" arising out of
and in the course of the fellow -employee's"
empìoyment or while performing duties related to
the conduct of your business. or a suit seeking
damages brought by the spouse, child, parent'
brother or sister of that fellow "employee"' is
brought against you, we will reimburse reasonable
costs that you incur in the defense of such
matters- Any reimbursement made pursuant to
,this sub-section will be in addition to the limits of
liability set forth in the Declarations.
SECTION III - PHYSICAL DAMAGE COVERAGE
AMENDMENTS
A. Tranrportation Expensc - Limits Amended
SECTION III PHYSICAL DAMAGE
COVERAGE, A. Covcrage, 1. Coveragc
Extensions, a. Transportation Expenses is
amended by replacing $20 per day/$600 maximum
limit with $50 per day/$l000 maximum.
B. Hired Auto Physical Damage - Loss Of Use
Expcnros - Limits Amcnded
SECTION III PHYSICAL DAMAGE
COVERAGE, A. Covcragc, 1. Coveragc
Extension¡, b. Losg of Use Expenses is
amended by replacing the $20 per day/$600
maximum limit with $50 per day/$750 maximum
limit.
C. Pcr¡onal Effects Covcrage
sEcnoN lll PI{YSICAL DAMAGË
COVERAGE, A. Covcragc, 4. Coveragc
Extensions is amended by adding the following:
D. Glass Repair - Dcductible lVaívcr
SECTION III PI{YSICAL DAMAGE
COVERAGE, A. Coverage,3. Glass Breakagc -
Hitting A Bird Or Animal - Falling Objccts Ot r=r:
Missilec, is amended by adding the following: llhÈ
No deductible will apply to glass breakage if such
glass is repaired, in a manner acceptable to us.
rather than replaced.
E. Hired Auto Physical Damage
SECTION III PHYSICAL DAMAGE
COVERAGE, A. Coveragc is amended by adding
the following:
5. llired Auto Physical Damage
lf hired "autos" are coveted "autos" for Liability
Coverage and if Comprehensive. Specified
Causes of Loss, or Collision coverages are
provided under this coverage form for any
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos"
you hire of like kind and use. subject to the
following:
a. The most we will pay for any one "loss" is
$50,000 or the actual cash value or cost to
repair or replace. whichever is less, minus
a deductible;
b. The deductible will be equalto the largest
deductible applicable to any owned "auto"
for that coverage. Any Comprehensive
deductible does not apply to "loss" caused
by fire or lightening;
c. Hired Auto Physical Damage coverage is
excess over any other collectible
insurance: and
d. Subject to the above limit, deductible and
excess provisions we will provitle
coverage equal to the broadest coverage
applicable to any covered 'auto" you own.
lf a limit for Hired Auto Physical Damage is
indicated in the Declarations, then that limit
replaces. and is not added to, the $50,000 limit
indicated above.c. Personal Effect¡
We will pay up to $500 for 'loss" to personal
effects. which are:
(1) Owned by an "insured"; and
(2) ln or on your covered "auto."
This coverage applies only in the event of the total
theft of your covered "auto." No deductible applies
to this coverage
WN CA 27 06 16 lncludes copyrighted material of lnsu¡ance Services Office, lnc,, with ¡ts permission.Pngo 3 ol 5
F. RcntalReimbursement
SECTION III - PHYSICAL DAMAGE COVERAGE
A. Coverage, is amended by adding the following:
6. Rental R,eimbursemcnt
This coverage applies only to a covered "auto"
of the private passengs or light truck type as
follows:
¡r. We will pay for rental reimbursement
expenses incurred by you for the rental ofa private passenger or light truck type
"auto' because of "loss" to a covered
private passenger or light truck type
'auto'. Payment applies in addition to the
otherwise applicable amount of each
coverage you have on a covered private
passenger or light truck type "auto." No
deductibles apply to this coverage.
b. We will pay only for those expenses
incurred during the policy period beginning
24 hours after the 1oss" and ending,
regardless of the policy's expiration, with
the lesser of the following number of days:
(1) The number of days reasonabl¡r
required to repair or replace the
covered private passenger or light
truck type "auto". lf "loss" is caused
by thefr, this number of days is addedto the number of days it takes to
locate the covered private passenger
or light kuck type "auto' and return it
to you; or
(2) 30 days.
c. Our payment is limited to the lesser of the
following amounts:
(1) Necessary and actual expenses
incuned. or
(2) $50 per day, up to a maximum of
$1'000.
d. This coverage does not appþ while there
are spare or reserve private passenger or
light truck t¡rpe "autos" available to you for
your operations.
e. lf 'loss" resuhs from the total thefr of a
covered "auto" of the private passenger or
light truck type, we will pay under this
coverage only that amount of your rental
reimbursement expenses which is not
already provided for under SECTION lll -
PHYSICAL DAMAGE COVERAGE, A.
Coverage, 'L Coverage Extensions.
G. Accldental Airbag Deployment Coveragc
SECT¡ON NI PHYSICAL DAMAGE
COVERAGE, A. Coverage is amended by adding
the following:
7. Accldental Airbag Deplognent Coveragc
We will pay to reset or replace factory installed
airbag(s) in any covered "auto- for accidental
discharge. other than discharge due to a
collision loss.
This coverage is applicable only if
comprehensive covefage applies to the
covered "auto".
This coverage is excess over any other
collectible insurance or reimbursement by
manufacturer's warranty.
H. Arilo Loan/Leasc Gap Covcrage
SECTION III PHYSICAL DAMAGE COVERAGE,
Item 4,, Covorage. is amended by adding the
following:
8. Auto Loan/Lease Gap Coverage
This coverage applies only to a covered'auto'
described or designated in the Schedule or in
the Declarations as including physical damage
coverage.
ln the event of a covered total "loss" to a
covered "auto" described or designated in the
Schedule or in the Declarations, we wlll pay
any unpard amount due on the lease or loan
for a covered "auto" less:
a. The amount paid under the Physical
Damage Coverage Section on the policy;
and
b. Any:
(1) Overdue lease/loan pâyments at the
time of the 'loss";
(2) Financial penalties imposed under a
lease for excessive use, abnormal' wear and tear or high mileage:
(3) Security deposits not returned by the
lessor;
(¿l) Costs for extended warranties. Credit
Life lnsurance, Health, Accident or
Disability lnsurance purchased with
the loan or lease; and
(5) Carry-over balances from previous lï*.
loans or leases.
For the purposes of this Rental
Reimbursement coverage, light truck is
defined as a truck with a gross vehicle weightof 10,000 lbs. or less as defined by the
manufacturer as the maximum loaded weight
the auto is designed to carqr.
WN CA 27 06 16 lnclud€s copyrightod material of lnsurance Sorvicas Office, lnc,, with its perrnission.Page 4 of 5
SECNON N - BUSINESS AUTO CONDITIONS
AMENDMENTS
A. Duties ln The Event of Accidcnt, Claim, Suit Or
Loss Amended
SECTION IV. BUS¡NESS AUTO CONDITIONS,
A. Loss Conditions, 2. Duties ln The Evcnt Of
Accident, Claim, Suit Or Loss, a. is amended by
adding the following:
This condition applies only when the "accident" or
-loss" is known to:
(1) You, if you are an individual:
(2) A partner. if you are a partnersh¡p;
(3) An executive officer or insurance manager, if
you are a corporation; or
(4) A member or manager, f you are a limited
liability company.
But, this section does not amend the provisions
relating to notification of police. protection or
examination of the property which was subject to
the "loss".
B. Blankct Waiver of Subrogation
Section lV - BUSINESS AUTO CONDITIONS, A.
Lo¡¡ Conditions, 5. Transfer of Righfs of
Recovcry Against Other¡ to Us, is amended by
adding the following exception:
However, we waive any right of recovery we may
have against any person or orqanization to the
extent required of you by a written contract signcd
and executed prior to any 'accident" or "loss",
provided that the "accident" or "loss" arises out of
operations contemplated by such contract. The
waiver applies only to the person or organization
designated in such contract.
C. Unintentional Failure to Disclocc Hazard¡
SECTION
'V
- BUSINESS AUTO CONDITIONS,B, Gcncral Conditions, 2. Conccalmcnt,
Misreprerentation Or Fraud, is amended by
adding the following paragraph:
lf you unintentionally fail to disclose any hazards
existing at the inception date of the poücy, or
during the policy period in connection with any
additional hazards. we will not deny coverage
under this Coverage Part because of such failure.
D. Employec Hircd Auto
sEcnoN tv - BustNEss AUTo coNDtnoNs,
B. Gcneral Conditions, 5. Other In3urancc,
paragraph b. is deleted and replace by the
following:
b. For Hired Auto Physical Damage Coverage.
the following are deemed to be a covered
'autos"you own:
(1) Any covered "auto" you lease. hire. rent or
borrow.
(2) Any covered "auto" hired or rented by your
"employee" under a contract in that
individual 'employee's" name, with your
permission. while performing duties related
to the conduct ofyour business.
However, any "auto" that is leased. hired,
rented or borrowed with a driver is not a
covered "auto'.
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WN CA 27 06 16 lnch¡des copyrighted moteriôl oT lnsurance Sorvices officê, lnc,, wi¡h its perrnission Pagc 5 of 5
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